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SMITH v. BOARD OF ELECTION COM'RS FOR CITY OF CHICAGO

Nos. 84 C 0148, 84 C 0560.

586 F.Supp. 309 (1984)

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.

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

March 19, 1984.

Attorney(s) appearing for the Case

C. Richard Johnson, Steven R. Gilford, Robert G. Perkins, Isham, Lincoln & Beale, Chicago, Ill., for plaintiffs in No. 84 C 0148.

Russell J. Stewart, Park Ridge, Ill., for plaintiffs in No. 84 C 0560.

Michael Levinson, Franklin J. Lunding, Michael E. Lavelle, Bd. of Election Comm., Chicago, Ill., for defendants Bd. of Election Comm., Lavelle, Nolan & Davis in No. 84 C 0560.

Michael Levinson, Michael Lavelle, Bd. of Election Com'rs, Franklin J. Lunding, Jr., Charles M. Biggam, Biggam, Cowan, Marquardt & Lunding, Chicago, Ill., for defendants in No. 84 C 0148.

Franklin S. Schwerin, Joseph L. Ponsetto, Michael C. Moses, Richard M. Daley, State's Atty. of Cook County, Chicago, Ill., for defendant Stanley Kusper, Jr., in No. 84 C 0560.

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

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge.

This Court granted plaintiffs' motion for a preliminary injunction in No. 84 C 0148, and granted in part and denied in part plaintiffs' motion for a preliminary injunction in No. 84 C 0560 on March 8, 1984. We held unconstitutional Ill.Rev.Stat. ch. 46, § 7-10(i), which imposes a signature requirement upon Ward Committeeman candidates. Under the statute, such candidates must present signatures of ten...

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