One of the commissioners who allowed Reed to vote twice was Kleven, one of the candidates of the election. In March 1998, the objectors amended their petition to allege that the two instances of fraud changed the result of the election. In May 1988, the objectors filed a motion for summary judgment on the petition. Kleven responded with a countermotion for summary judgment. The trial court granted the motion to dismiss, noting the Illinois Drainage Code does not provide for election contests and the right to an contest an election did not exist at common law.
Plaintiffs appeal, arguing the trial court wrongly dismissed their petition.
The objectors acknowledge the Drainage Code is silent on the issue of contesting elections. However, they contend the Election Code's provisions on contesting elections should apply. Otherwise, no mechanism is provided for contesting the election for commissioner of a drainage district. Kleven has not responded with an appellee's brief. When an appellee fails to submit a brief, a reviewing court should give the merits of the appeal at least some consideration, so long as the issues are simple and easily decided.