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LYNCH v. ILLINOIS STATE BD. OF ELECTIONS

Nos. 82-1341, 82-1515.

682 F.2d 93 (1982)

Ulmer D. LYNCH, Reverend Thomas Lee, and Michael Davis, individually and as citizens of the United States and residents and voters of the 17th Ward of the City of Chicago, Plaintiffs-Appellees, v. ILLINOIS STATE BOARD OF ELECTIONS, and Jane M. Byrne, individually and as Mayor of the City of Chicago, and the City Clerk of the City of Chicago, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 1982.

Attorney(s) appearing for the Case

James M. Scanlon, State Board of Elections, Jerome A. Siegan, Corp. Counsel, Chicago, Ill., for defendants-appellants.

Ivan M. Rittenberg, Rittenberg, Krichiver, Buffen & Whitcup, Chicago, Ill., for plaintiffs-appellees.

Before BAUER, WOOD, and COFFEY, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Defendants appeal from a decision of the district court holding unconstitutional the application of Ill.Rev.Stat. ch. 24, § 3-2-7 (1980), which authorized the Mayor of the City of Chicago to fill an aldermanic vacancy by appointment. In view of the Supreme Court's recent decision in Rodriguez v. Popular Democratic Party, 457 U.S. 1, 102 S.Ct. 2194, 72 L.Ed.2d 628 (1982), we reverse.<...

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