Richards v. Lavelle

483 F. Supp. 732, 1980 U.S. Dist. LEXIS 9943
CourtDistrict Court, N.D. Illinois
DecidedJanuary 28, 1980
DocketNo. 80 C 154
StatusPublished
Cited by3 cases

This text of 483 F. Supp. 732 (Richards v. Lavelle) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richards v. Lavelle, 483 F. Supp. 732, 1980 U.S. Dist. LEXIS 9943 (N.D. Ill. 1980).

Opinion

[734]*734MEMORANDUM AND ORDER

MORAN, District Judge.

In December, 1979, plaintiff Thomas J. Richards filed his nominating papers for the office of Democratic Ward Committeeman of Chicago’s 20th Ward. His petitions contained 2083 signatures. On January 4, 1980, defendants in their capacity as members of the Board of Election Commissioners of the City of Chicago upheld an objection to the petitions on the ground “that the petition signatures filed by the candidate exceed the statutory maximum for election to the office of Ward Committeeman, 20th Ward Democratic Party.” Richards was not certified as a candidate.

Thereafter on January 11, 1980, candidate Richards, together with two voters from his ward, brought suit for declaratory judgment and injunctive relief. Since the election will be held March 18, 1980, plaintiffs sought immediate relief requiring that Richard’s name be placed on the ballot. Cecil A. Partee, who is the incumbent ward committeeman and is on the ballot, and Howard L. Stevenson, who objected to Richard’s petitions, petitioned to intervene and the petition was granted. Leave was also granted to the Chicago Council of Lawyers to file memoranda as amicus curiae.

After expedited discovery, this matter was heard on January 22, 1980 upon plaintiffs’ motion for a preliminary and permanent injunction. The court has also had the benefit of numerous memoranda filed by amicus and the parties both before and after the hearing.

For the reasons hereinafter stated, the defendants are enjoined from failing and refusing to include plaintiff Richards’ name on the ballot and are directed to place his name on the ballot as a candidate for Ward Committeeman, Chicago’s 20th Ward, Democratic Party, in the March election.

This case involves the maximum petition signature limitation of Ill.Rev.Stat., Ch. 46, Sec. 7-10(i). That section, in relevant part, provides that petitions for nomination as ward committeeman in Chicago shall be signed by not less than 10% nor more than 16% of the primary electors of the candidate’s party in his ward. Maximum signature limitations for ward and township committeeman petitions and for primary nominating petitions for wholly statewide office have been in effect approximately 50 years. Their original purpose is unknown. There are no such limitations in either the election or nominating process for any other party office or nomination for office in federal, state or local government, although independent candidates for election and new political parties are subject to maximum limitations.

The limitation is plainly stated in the statute and is plainly described in publications of state, county and city election authorities. The minimum number of signatures for Democratic committeeman petitions in 1980 in the 20th Ward is 1073; the maximum is 1716. Both figures are plainly set forth in the public election materials distributed by both the county and city election authorities. Plaintiff Richards testified that he was aware of the minimum and maximum figures, that he intended to file 1695 signatures, and that his filing of 2083 signatures was wholly inadvertent.

Plaintiffs and amicus urge that the Board’s action in denying Richards access to the ballot deprives them of their fundamental rights to associate and to cast an effective vote. Relying on cases in which election law requirements substantially impaired access to the ballot, they contend that the maximum limitation must be subjected to strict scrutiny and that, unless it is the least drastic means of furthering a compelling state interest, it must be struck down as violative of the First and Fourteenth Amendments. They further urge a maximum limitation applicable to the ward committeeman office and selected others but not to most electoral contests in Illinois imposes an irrational and arbitrary classification in violation of the equal protection clause. Finally, amicus urges that the filing limitation imposes an unlawful chilling influence on the political expression of candidates and their supporters because it unnecessarily discourages solicitation of signa[735]*735tures, a legitimate means of political expression.

Those contentions argue too much. Substantial impairment of the voters’ ability to express their political preferences necessitates strict scrutiny to determine whether there is a compelling state interest served by the least drastic alternative. See e. g. Illinois State Board of Elections v. Socialists Workers Party, 440 U.S. 173, 99 S.Ct. 983, 59 L.Ed.2d 230 (1979). However, while the right of an individual to be on the ballot is intertwined with voters’ rights, the right of a specific individual to run for office is not fundamental nor is “. every limitation or incidental burden on the exercise of voting rights . . . subject to a stringent standard of review.” Bullock v. Carter, 405 U.S. 134, 143, 92 S.Ct. 849, 856, 31 L.Ed.2d 92 (1972).

The constitutional sensitivity is to denial of access to or excessive burdens upon any identifiable classification of voters, not to a specific candidate or his supporters. Trafelet v. Thompson, 594 F.2d 623 (7th Cir. 1979), petition for cert, filed. If such burdens were demonstrated here, we would necessarily searchingly inquire into whatever compelling necessity for those burdens was advanced. But no such burdens were shown. This is not a case in which high filing fees or excessive signature requirements discourage access to the electoral process. All the candidate had to do was count.

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Related

Jordan v. Officer
525 N.E.2d 1067 (Appellate Court of Illinois, 1988)
Richards v. Lavelle
620 F.2d 144 (Seventh Circuit, 1980)

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Bluebook (online)
483 F. Supp. 732, 1980 U.S. Dist. LEXIS 9943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-lavelle-ilnd-1980.