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The post below was published on Saturday, January 22nd, 2011 at 8:19 PM.

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First District: Elections

This decision made much news at the time. A losing candidate in a primary for the state legislature sued the winning primary candidate one week after the primary election, asserting that the winner falsified his financial disclosure forms and consequently was not a qualified candidate. A trial court agreed and ordered the winner removed from the general election ballot.

The First District reversed. The court expressed considerable concern with the losing candidate’s decision to wait until after the primary to raise any challenge regarding his opponent’s financial disclosures. The court suggested that administrative remedies were available both before and after the primary election. Furthermore, the court held that any shortcomings regarding financial disclosures did not render the candidate ineligible to be nominated in the primary election.

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