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McDONALD v. BOARD OF ELECTION COMMISSIONERS OF CHICAGO

No. 67 C 494.

277 F.Supp. 14 (1967)

Sam L. McDONALD and Andrew Byrd on behalf of themselves and all other persons similarly situated, Plaintiffs, v. BOARD OF ELECTION COMMISSIONERS OF CHICAGO, Sidney T. Holzman, Chairman, Marie H. Suthers, Commissioner, and Francis P. Canary, Commissioner, Defendants.

United States District Court N. D. Illinois, E. D.

December 11, 1967.

Attorney(s) appearing for the Case

Stanley A. Bass, Chicago, Ill., Civil Legal Aid Service, for plaintiffs.

Stanley T. Kusper, Jr., Chicago, Ill., Board of Election Comrs., for defendants.

Before CASTLE, Circuit Judge, and HOFFMAN and AUSTIN, District Judges.

OPINION

AUSTIN, District Judge.

This action seeks to enjoin the enforcement of the Illinois Election Code because it is unconstitutional insofar as the absentee ballot provisions thereof and defendants' administration thereunder exclude the plaintiffs and others similarly situated from that class of persons entitled to such ballots because of "physical incapacity" to appear at the polls on any election day. Chapter 46, §§ 19-1, 19-2 and 19-3, Ill...

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