Kasper v. Board of Election Commissioners

814 F.2d 332
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 27, 1987
DocketNos. 87-1125 and 87-1126
StatusPublished
Cited by43 cases

This text of 814 F.2d 332 (Kasper v. Board of Election Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kasper v. Board of Election Commissioners, 814 F.2d 332 (7th Cir. 1987).

Opinion

EASTERBROOK, Circuit Judge.

Once Chicago was known as Hog Butcher to the World. No more. One Chicago industry is hardier: election fraud. The dead awaken just in time to vote on election day. By one estimate in this litigation, 9% of the “voters” registered in Chicago are tombstones, vacant lots, and people who have moved out of the city. These ghost voters answer the call of precinct captains, who vote their proxies on election day or find some reliable party member to do so. Cooperative election judges refrain from challenging multiple votes by the same person under different names. This dilutes the votes of the honest and alters the outcome of elections. We must decide whether the district court erred in refusing to approve a proposed consent decree that would have reduced the number of ghost voters.

I

Any system of registration must deal with deaths, movement, and bogus claims of all sorts. The principal device for doing this in Illinois is the canvass of registered voters. People may register to vote until 29 days before the election. The Board of Election Commissioners for the jurisdiction makes up a list of all registered voters in each precinct, including the address of each. Ill.Rev.Stat. ch. 46 § 6-38. “Upon the Wednesday and Thursday following the last day of registration ... 2 deputy registrars shall go together and canvass the precinct for which they have been appointed, calling at each dwelling place or each house from which any one is registered ... and if they shall find that any person whose name appears upon their verification lists does not reside at the place designated thereupon, they shall make a notation in the column headed ‘Remarks’ as follows: ‘Changed Name’; ‘Died’, or ‘Moved’, as the case may be, indicating that such person does not reside at such place.” § 6-39. Deputy registrars may require the local police to accompany them. Ibid. If the deputy registrars question the validity of a registration, the Board must mail the questioned person a postcard no later than 10:00 p.m. on Friday of the week of the canvass. § 6-40. The postcard invites the person to show cause why his name should not be struck from the rolls. The questioned person may respond to the card with an affidavit of eligibility to vote, and the Board must resolve any disputes after an eviden[335]*335tiary hearing. § 6-41. After resolving these contests, and at least 19 days before the election, the Board prepares and distributes the final list of eligible voters. § 6-43.

Each board and its deputy registrars are adjuncts of the circuit court of the county. The court designates the three commissioners of each board, § 6-21, and each “leading political part[y]” in the jurisdiction must be represented, § 6-22. The court may remove any commissioner for “cause shown”. § 6-23. The Board then appoints both judges of election (to adjudicate challenges at the polls) and deputy registrars (to conduct the canvass); the same standards apply to each.

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Bluebook (online)
814 F.2d 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kasper-v-board-of-election-commissioners-ca7-1987.