# Bendell v. Education Officers Electoral Board for School District 148

> Appellate Court of Illinois · March 28, 2003 · 338 Ill. App. 3d 458

URL: https://www.frixlaw.com/law-library/cases/9730513

## Case

- **Full name:** JAMES E. BENDELL, Plaintiff-Appellee, v. EDUCATION OFFICERS ELECTORAL BOARD FOR SCHOOL DISTRICT 148 Et Al., Defendants-Appellants
- **Court:** Appellate Court of Illinois
- **Decided:** March 28, 2003
- **Citations:** 338 Ill. App. 3d 458; 272 Ill. Dec. 869; 788 N.E.2d 173
- **Precedential status:** Published
- **Opinion:** Dissent by Wolfson
- **Judges:** South, Wolfson
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9730513

## Opinion text

JUSTICE WOLFSON, dissenting:
I respectfully dissent. I believe the majority correctly finds section 10 — 4 is mandatory and that compliance with its provisions must be strict. Once having said that, I don’t see how using a paper clip is strict compliance with a provision that requires papers be “neatly fastened together in book form *** at one edge in a secure and suitable manner.” 10 ILCS 5/10 — 4 (West 1996).
Fastening securely is not a trivial or nitpicking requirement. It obviously is intended to prevent fraud or tampering, thus preserving the integrity of the papers. It is too easy to slip papers in or out of a packet when a paper clip is used. Paper clips have a habit of slipping off when documents are moved from place to place. I do not think we can establish a rule that is based on what happens when a paper clip is used to hold seven or eight pages together. An important public interest is at stake and we should adhere to the legislature’s method of preserving it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9730513. Public record. Not legal advice.