In the 2025 case of Ontiveroz v. Khokhar, the Illinois Supreme Court addressed critical procedural requirements for election contest petitions. The case arose from the 2021 election for village president of Glendale Heights, where the certified results showed Chodri Ma Khokhar defeating Mike Ontiveroz by a narrow margin of two votes.
Dissatisfied with the outcome, Ontiveroz filed a petition to contest the election results. However, his petition lacked the necessary verification affidavits and did not include an allegation that he had voted in the election, both mandatory requirements under Illinois law for such petitions.
The DuPage County Circuit Court dismissed the petition for lack of jurisdiction due to these deficiencies. Ontiveroz attempted to amend his petition to include the missing affidavits, but the court upheld its dismissal. On appeal, the appellate court reversed the circuit court’s decision, accepting the late submission of the verification and finding that Ontiveroz had adequately alleged grounds to contest the election.
Upon further review, the Illinois Supreme Court emphasized that courts have an independent duty to assess jurisdictional issues, even if not raised by the parties involved. The court concluded that Ontiveroz’s failure to file the verification affidavits within the statutory 30-day period and his omission of an allegation that he voted in the election were critical shortcomings. These omissions meant that the circuit court lacked subject-matter jurisdiction over the case. Consequently, the Supreme Court reversed the appellate court’s judgment and affirmed the circuit court’s dismissal of the petition.
This case underscores the strict adherence to procedural requirements in election contests. Petitioners must ensure that all statutory mandates are meticulously followed to establish the court’s jurisdiction and proceed with their claims. For governmental bodies or candidates seeking guidance with election law issues, please contact Philip Lading, Shareholder.
