Is It Correct to File Nomination Papers at the City Clerk's Residence at Around Midnight ?
In Daniels v. Cavner, 404 Ill. 372, 88 N.E.2d 823 (1949) the candidates for certain elected offices brought their nominating petitions to the city clerk's residence at around midnight on the last day for filing.
The clerk told the appellees that they were too late, but he still took the papers and made a notation that they had been left with him after midnight and on the following day.
The candidates sought a writ of mandamus compelling the clerk to print their names on the ballot for the city election.
The trial court granted the writ, but the Supreme Court reversed holding that the "determinative" issue was "the propriety of filing nomination papers at the clerk's residence rather than his office." Daniels, 404 Ill. at 375.
The court noted that the candidates had not "attempted to file their petitions at the clerk's office on the day in question either before or after the normal closing hour." Daniels, 404 Ill. at 379.