Petition to Strike Individual Signatures Left Candidate Below Minimum Threshold for Appearing on the Ballot
In Fortas v. Dixon, 122 Ill. App. 3d 697, 462 N.E.2d 615, 78 Ill. Dec. 496 (1984), the board overruled certain objections to the candidate's petitions, struck two petitions, and struck certain individual signatures where there was evidence someone other than the named circulator presented the petition.
In turn, the trial court struck the entire sheets where individual signatures stricken by the board. Fortas, 122 Ill. App. 3d at 699-700, 462 N.E.2d at 616-17.
The result of the trial court's action was to leave the candidate with an insufficient number of signatures. Consequently, the trial court ordered that the candidate's name be prohibited from appearing on the ballot. Fortas, 122 Ill. App. 3d at 700, 462 N.E.2d at 617.
The appellate court affirmed the trial court as to two of the sheets, but expressed reservations as to the trial court's striking of the entirety of the other sheets at issue. Fortas, 122 Ill. App. 3d at 701, 462 N.E.2d at 618. Nevertheless, the appellate court concluded that the properly stricken sheets left the candidate below the minimum signature threshold for appearing on the ballot. Fortas, 122 Ill. App. 3d at 701-02, 462 N.E.2d at 618.