Doty v. Representation for Every Person (REP) Party
Docket: No. 81-662
Court: Appellate Court of Illinois; June 17, 1981; Illinois; State Appellate Court
On January 19, 1981, a nominating petition for the "Representation for Every Person (REP) Party" was filed in Lyons Township, Illinois. On January 30, 1981, David Doty, a local citizen, objected to the party name, claiming it violated sections 10.2 and 10.5 of the Illinois Election Code by including the abbreviation "REP," which he argued referred to the Republican Party. The Lyons Township Electoral Board unanimously overruled Doty's objection, a decision later affirmed by the Cook County Circuit Court. Doty appealed, with the central issue being whether "REP" contravenes the Election Code by including the name of an established political party. Doty contended that "REP" is a widely recognized abbreviation for "Republican," while the respondents argued that it does not constitute the name of an established party as defined in the code. Section 10.2 identifies an established political party as one that garnered over 5% of the vote in the last gubernatorial election. The court emphasized that statutory interpretation should focus on the plain meaning of the language, suggesting that prohibiting the inclusion of an established party's name extends to its abbreviations. Respondents maintained that "REP" could have multiple meanings unrelated to the Republican Party, such as a type of fabric or a physics term. The abbreviation "REP" is identified as commonly referring to "reputation" and "representative," but its interpretation is context-dependent. In the context of the voting process in this case, "REP" is interpreted solely as referring to the Republican Party. The petitioner argues that section 10.5(2) is designed to prevent new political parties from misleading voters by using the names of established parties, a viewpoint the court supports. The court does not imply any intent to deceive by the respondents but concludes that "REP" clearly denotes the Republican Party, thereby violating the statute. Consequently, the court rules that "REP" cannot be included on the respondents’ certificate of nomination, reversing the decision of the circuit court of Cook County. Judges Rizzi and McGillicuddy concur with this decision.