CHICAGO BAR ASS'N v. WHITE

No. 1-08-2741.

898 N.E.2d 1101 (2008)

The CHICAGO BAR ASSOCIATION, Terrence M. Murphy, Robert K. Costello, Elizabeth Blatz, Russell L. Lorraine, and Richard Lorenc, Plaintiffs-Appellants, v. Jesse WHITE, in his Official Capacity as Illinois Secretary of State; Illinois State Board of Elections; Albert Porter, in his Official Capacity as Chairman of the Illinois State Board of Elections; Bryan Schneider, in his Official Capacity as Vice-Chairman of the Illinois State Board of Election; and Patrick A. Brady, John R. Keith, William M. McGuffage, Jesse R. Smart, Wanda L. Rednour, and Robert J. Walters, in their Official Capacities as Members of the Illinois State Board of Elections, Defendants-Appellees (Patrick Quinn, Lieutenant Governor, Intervening Plaintiff-Appellant, David Orr, in his Official Capacity as County Clerk of Cook County; and Board of Election Commissioners for the City of Chicago, Intervening Defendants-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

October 28, 2008.


Attorney(s) appearing for the Case

Steven F. Pflaum and Mary E. Gardner, of McDermott, Will & Emory LLP, Chicago, IL; and Jerome B. Meites, Evanston, IL, for Appellants Chicago Bar Association and Terrence M. Murphy.

Sean Vinck, Office of the Lieutenant Governor, Chicago, IL, for Appellant Lt. Governor Patrick Quinn.

Steven Merican, of Steven R. Merican, P.C., Woodridge, IL; Arnold & Kadjan, Chicago, IL; and Bruno Behrend, River Forest, IL, for Appellants Robert K. Costello, Elizabeth Blatz, Russell L. Lorraine and Richard Lorenc.

Lisa Madigan, Attorney General, State of Illinois; Michael A. Scodro, Solicitor General, State of Illinois; and Mary E. Welsh, Asst. Attorney General, State of Illinois, Chicago, IL, for Appellees Jesse White, Illinois State Board of Elections, Albert Porter, Bryan Schneider, and Patrick A. Brady, John R. Keith, William M. McGuffage, Jesse R. Smart, Wanda L. Rednour and Robert J. Walker.

Richard A. Devine, State's Attorney of Cook County, and Marie D. Spicuzza, Asst. State's Attorney, Chicago, IL; and Daniel P. Madden, Chicago, IL, for Appellee David Orr.

James M. Scanlon and Joan T. Agnew, of James M. Scanlon & Associates, Chicago, IL, for Appellee Board of Election Commissioners for the City of Chicago.


Justice CAHILL delivered the opinion of the court:

We review a final order by the trial court disposing of a multicount declaratory judgment action challenging the format and the language on the November 4, 2008, ballot for the calling of a constitutional convention (con-con referendum or referendum). The complaint was originally filed on September 19, 2008. The trial court issued its final order on October 6, 2008. A notice of appeal from that order was filed the...

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