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MAZZOTTI v. EDGAR

No. 4-83-0563.

123 Ill. App.3d 1058 (1984)

463 N.E.2d 960

DONALD M. MAZZOTTI, d/b/a Notary Public Agency, Plaintiff-Appellant, v. JAMES EDGAR, Secretary of State, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed May 7, 1984.

Attorney(s) appearing for the Case

John H. Wilhelm, of Springfield, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Rosalyn B. Kaplan, Assistant Attorney General, of counsel), for appellee.

Order affirmed.

JUSTICE GREEN delivered the opinion of the court:

The principal issue presented for review is whether the following portion of section 16 of the Illinois Notary Public Act constitutes an impermissible restraint on commercial speech in violation of the first amendment (U.S. Const., amend. I):

"[No person shall] solicit any applicant renewing a Notary's Commission and offer to provide a Surety Bond more than 30 days in advance of the...

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