By Erik R. Peck

Can a petition for nomination to public office contain marks or pictures on the petition itself, such as an American flag or other sign or picture? In the Village of Tinley Park, Objectors sought to invalidate the nomination petitions of a slate of Candidates for Village Board and remove their names from the ballot for the April 1, 2025, consolidated election. The Objectors contend that Candidates’ names should be removed from the ballot due to the inclusion of six American flags in the banner at the top of the nomination petitions. The Objectors contend the Election Code does not authorize the addition of banners or images on nomination petitions shown to voters and prohibits political messaging. The Objectors also argued that the use of the six-flag banner on the nomination petition sheets was to “specifically sway voters and create an advantage over other candidates,” in that they were “more American than other candidates.” The Electoral Board found this grounds to invalidate the nominating petitions.

The Candidates then appealed the decision of the Electoral Board to the Circuit Court of Cook County where the decision of the Electoral Board was reversed. Thereafter the Objectors appealed the Circuit Court’s decision to the Illinois Appellate Court for the First District, and it was found that there is nothing in the Election Code prohibiting banner images in the banner at the top of the nomination petitions. Maloney v. Janecyk, No. 2025 IL App (1st) 250043 (February 13, 2025).

Consult your Tressler attorney if you have questions or need guidance with your municipal issues.

About Erik R. Peck

Erik concentrates his practice primarily on the representation of municipalities, municipal boards and committees, townships and other special districts serving as general counsel. In representing various municipal bodies, he has had extensive experience in planning and zoning matters as well as fire and police commission matters, hiring, discipline, PSEBA, PEDA, FLSA and other public safety matters. With a local government law practice that extends over 25 years, Erik has a considerable depth of knowledge in a broad array of matters. Click here to read Erik’s full attorney bio.