# People Ex Rel. Madigan v. Baumgartner

> Appellate Court of Illinois · February 16, 2005 · 355 Ill. App. 3d 842

URL: https://www.frixlaw.com/law-library/cases/9819601

## Case

- **Full name:** The PEOPLE Ex Rel. LISA MADIGAN, Attorney General State of Illinois, Plaintiff-Appellee, v. WILLIAM WADE BAUMGARTNER, Defendant-Appellant
- **Court:** Appellate Court of Illinois
- **Decided:** February 16, 2005
- **Citations:** 355 Ill. App. 3d 842; 291 Ill. Dec. 558; 823 N.E.2d 1144; 2005 Ill. App. LEXIS 155
- **Precedential status:** Published
- **Opinion:** Dissent by McCULLOUGH
- **Judges:** Cook, McCullough
- **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/9819601

## How later opinions describe it (automated extraction)

- stating only that it would treat the terms as synonymous "because eligibility to run for office is closely linked to the ability to vote within a particular jurisdiction"

## Opinion text

JUSTICE McCULLOUGH, dissenting:
I respectfully dissent. The defendant was properly charged with perjury. See Fagiano v. Police Board of the City of Chicago, 98 Ill. 2d 277 , 456 N.E.2d 27 (1983). The jury heard the evidence, was properly instructed as to the law, and found the defendant guilty.
The record shows the defendant used residence as a convenience to his best interest, be it Champaign County or Moultrie County. To adopt the majority’s position that the charge of perjury is not proper “when one simply chooses one location over another as his residence” ( 355 Ill. App. 3d 850 ) eliminates any importance to the sworn statement of candidacy executed by the defendant.
The trial court’s judgment should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9819601. Public record. Not legal advice.