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PONTIKES v. KUSPER

Nos. 71 C 2363, 71 C 2415.

345 F.Supp. 1104 (1972)

Harriet G. PONTIKES, Plaintiff, v. Stanley KUSPER et al., Defendants. Donna KLAETSCH and Peter Lombardo, Plaintiffs, v. Grace Mary STERN, County Clerk, Defendant.

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

March 7, 1972.

Attorney(s) appearing for the Case

Mary Lee Leahy, Andrew J. Leahy, Chicago, Ill., for plaintiff Klaetsch.

Ray Jeffrey Cohen, Chicago, Ill., for plaintiff Pontikes.

Howard Miller, Aldus S. Mitchell, Sophia H. Hall, Chicago, Ill., for defendants.

Before SWYGERT, Chief Circuit Judge, and MAROVITZ and BAUER, District Judges.

SWYGERT, Chief Circuit Judge.

This case consolidates two actions, each of which attacks the constitutionality of sections 7-43(a), (d), and 7-44 of Chapter 46, Ill.Rev.Stat. Sections 7-43(a) and 7-44 condition voting in any primary upon a public declaration of party affiliation. Section 7-44 prohibits voting in the primary of one party if the voter has voted in the primary of another party within the preceding twenty-three months.1 Plaintiffs...

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