Smith v. BOARD OF ELECTION COM'RS FOR CHICAGO, 84 C 0148
Decision Date | 08 March 1984 |
Docket Number | No. 84 C 0148,84 C 0560.,84 C 0148 |
Citation | 587 F. Supp. 1134 |
Parties | Ed. 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. |
Court | U.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.
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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