Haymore v. Orr

              FIFTH DIVISION
October 16, 2008
1-08-2786
TYRONE HAYMORE, ) Appeal from the
) Circuit Court
Plaintiff-Appellee, ) of Cook County
)
v. ))
No. 08 COEL 0013
DAVID ORR, Clerk of the County of Cook, et al., ))
The Honorable Nathaniel Howse
Defendants-Appellants. ) Judge Presiding.
JUSTICE TULLY delivered the opinion of the court:
Plaintiff, Tyrone Haymore, sought a writ of mandamus to compel defendant Pamela M.
Bradley, as the village clerk of the Village of Robbins, to certify a binding referendum for
placement on the ballot for the November 4, 2008, general election. The trial court granted
plaintiff's request and defendants appealed. We reverse.
FACTS
The facts of this case are not in dispute. The plaintiff sought to have a binding
referendum question placed on the ballot in the Village of Robbins for the November 4, 2008
general election. The plaintiff timely filed 9 petition sheets containing 142 signatures with the
village clerk of Robbins. The village clerk certified the question on August 22, 2008, and sent
the certification to Cook County Clerk David Orr for placement of the referendum on the ballot.
On September 10, 2008, the village clerk withdrew the certification because the petition filed by
the plaintiff did not contain a sufficient number of signatures to put the question on the ballot.
Plaintiff then filed a complaint for mandamus to compel the village clerk to certify the