People v. Hays

The State appeals from a judgment of the circuit court of Hamilton County dismissing counts I and II of informations filed against defendants, Mickey Hays and Betty Henson, for failure to state an offense. The central question presented by this appeal is whether a knowing disregard of the provisions of section 19 — 6 of the Election Code (Ill. Rev. Stat. 1983, ch. 46, par. 19 — 6) concerning return of absentee ballots constitutes a crime. Because we find that it does, we reverse and remand.

The pertinent facts are not in dispute. On May 30, 1984, defendants were charged by information with…