Aquino v. The State Board of Elections

Omar Aquino appealed a circuit court dismissal of his petition challenging the State Board of Elections' decision to exclude him from the March 17, 2026, Democratic Party primary ballot for State Central Committee. The circuit court dismissed for lack of jurisdiction. On appeal, the First District Appellate Court affirmed, holding that Aquino failed to comply with mandatory statutory service requirements.

The controlling issue was whether the 2024 amended Section 10-10.1(a) of the Illinois Election Code requires separate service on the electoral board itself, distinct from service on its individual members. The court applied the principle that courts lack inherent power to hear election contests and may exercise jurisdiction only as authorized by statute and in the manner prescribed. The court held that the plain language of the 2024 amendment—which explicitly names "the electoral board, its members, and the prevailing candidates or objectors" as respondents and requires service "upon each of the respondents named"—mandates separate service on both entities. The use of "each" indicates all named respondents must be served individually.

The court rejected Aquino's argument that serving board members constitutes service on the board itself, noting this interpretation would render the word "each" meaningless. The 2024 amendment clarified prior statutory ambiguity by explicitly retaining "the electoral board" while adding "members," demonstrating legislative intent to require dual service. This decision has significant practical implications: practitioners must ensure strict compliance with service requirements or face dismissal for lack of subject matter jurisdiction.