Walker v. State Board of Elections

In Walker v. State Board of Elections, 65 Ill. 2d 543, 359 N.E.2d 113, 3 Ill. Dec. 703 (1976), the Illinois supreme court found unconstitutional a previous legislative attempt to break a Board deadlock. In Walker, the tie-breaker provisions of the Election Code provided that, in the event of a tie vote of the Board with respect to a proposed Board action, one Board member's name would be drawn randomly and that Board member would be disqualified from voting on the proposed action. Walker, 65 Ill. 2d at 562-63. Our supreme court held that the tie-breaker provision, which resulted in the removal of a Board member for purposes of any deadlock vote, violated the mandate of article III, section 5, of the Illinois Constitution, which provides that no political party have a majority on the Board. Walker, 65 Ill. 2d at 565. The Illinois supremesupreme court determined that such intervention in a Board deadlock was not intended by the drafters of our state constitution or contemplated in the Election Code.