Smith v. BOARD OF ELECTION COM'RS FOR CHICAGO, 84 C 0148

Decision Date08 March 1984
Docket NumberNo. 84 C 0148,84 C 0560.,84 C 0148
Citation587 F. Supp. 1134
PartiesEd. H. SMITH, Michael Rembert, Danny K. Davis, Herbert Payne, Allan Streeter, Julius Hammond, Dorothy Tillman, Lovie Copeland, George H. Eddings and John Davis, Plaintiffs, v. The BOARD OF ELECTION COMMISSIONERS FOR the CITY OF CHICAGO and Michael E. Lavelle, James R. Nolan and Corneal A. Davis, in their capacities as members of the Board of Election Commissioners for the City of Chicago, Defendants. Edward W. GJERTSEN, Stuart Schulman, Joseph W. Smith, Kenneth A. Lavand, Herman A. Schell, Jr., Patricia A. Hans, William T. Margalus and Dominic Costanzo, Plaintiffs, v. The BOARD OF ELECTION COMMISSIONERS FOR the CITY OF CHICAGO and Michael E. Lavelle, James R. Nolan and Corneal A. Davis, in their capacities as members of the Board of Election Commissioners for the City of Chicago, Members of the State Board of Elections, Richard A. Cowen, Carolyn R. Eyre, J. Phil Gilbert, Michael J. Hamblet, Joshua Johnson, John J. Lanigan, Theresa M. Petrone and Norma J. Shapiro, in their capacities as members of the State Board of Elections, and Stanley T. Kusper, Jr., in his capacity as County Clerk of Cook County, Illinois, Defendants.
CourtU.S. District Court — Northern District of Illinois

Russell J. Stewart, Park Ridge, Ill., for plaintiff in No. 84 C 0560 C. Richard Johnson, Steven R. Gilford, Robert G. Perkins, Isham, Lincoln & Beale, Chicago, Ill., for plaintiffs in No. 84 C 0148.

Franklin S. Schwerin, Joseph L. Ponsetto and Michael C. Moses, Richard M. Daley, State's Atty. of Cook County, Chicago, Ill., for Stanley Kusper, Jr.

James M. Scanlon, James Tenuto, and Neil Hartigan, Atty. Gen. State of Ill., Chicago, Ill., for State Bd. of Elections, Cowen, Eyre, Gilbert, Hamblet, Johnson, Lanigan, Petrone, Shapiro.

Michael Levinson, Michael LaVelle, Franklin J. Lunding, Jr., Charles M. Biggam, Biggam, Cowan, Marquardt & Lunding, Chicago, Ill., for Bd. of Election Com'rs, Lavalle, Nolan and Davis.

MEMORANDUM ORDER

ASPEN, District Judge:

Plaintiffs' motion for preliminary injunction in 84 C 0148 is granted. Plaintiffs' motion for preliminary injunction in 84 C 0560 is granted in part and denied in part. Ill.Rev.Stat. ch. 46, § 7-10(i), which requires candidates to submit signatures representing ten percent of the primary electors of their party of their wards, is unconstitutional for reasons which will be fully explained. Accordingly, defendants are enjoined to certify for placement on the ballot, and to place...

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3 cases
  • Gjersten v. Board of Election Com'rs for City of Chicago
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 27 d2 Maio d2 1986
    ...the names of plaintiffs Tillmon, Eddings, Smith, Streeter and Margolus placed on the ballot in their wards. Smith v. Board of Election Commissioners, 587 F.Supp. 1134 (N.D.Ill.1984). Following the court's ruling, many other potential candidates who had been excluded from the ballot filed mo......
  • Todd v. Heckler, Civ. A. No. 83-0069-O(J).
    • United States
    • U.S. District Court — Western District of Kentucky
    • 8 d4 Março d4 1984
    ... ... Dr. A.G. Johnson, board-certified in psychiatry and neurology, has ... ...
  • Gjertsen v. Board of Election Com'rs of City of Chicago, s. 84-1373
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 14 d5 Dezembro d5 1984
    ...or make preparations to appeal from, this order. A full opinion detailing the reasons for this ruling will be issued later this week." 587 F.Supp. 1134. (It was issued the next day.) 587 F.Supp. The defendants filed a notice of appeal from the order of March 8, as they were entitled to do w......

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