Ontiveroz v. Khokhar

Illinois Supreme Court
Civil Court
Jurisdiction
Citation
Case Number: 
2025 IL 130316
Decision Date: 
Friday, January 24, 2025
Holding: 
Appellate court reversed, circuit court affirmed.
Justice: 
NEVILLE

Plaintiff filed a petition contesting the results of the 2021 election for village president of Glendale Heights. The circuit court dismissed the petition for lack of jurisdiction. The appellate court reversed despite noting a possible lack of subject-matter jurisdiction due to the petitioner’s failure to allege that he voted in the election, as is required by statute. The supreme court reversed the appellate court’s judgment, explaining that the appellate court has an independent duty to consider jurisdiction as a threshold issue. (THEIS, OVERSTREET, HOLDER WHITE, CUNNNINGHAM, ROCHFORD, and O’BRIEN, concurring)