CLARK v. ILLINOIS STATE BD. OF ELECTIONS

No. 1-14-1937.

17 N.E.3d 771 (2014)

Frank CLARK, President and Chairman of the Board of the Business Leadership Council; The Business Leadership Council, Karen Riley, its Executive Director, and its Members, Leon Finney, Elzie Higginbottom, and John Hooker; The Chinatown Chamber of Commerce, and its President, Raymond Chin; The Little Village Chamber of Commerce, and its President, Julio Rodriguez, and its Executive Director, Jaime Di Paulo; Fernando Grillo; Ivan Solis; Craig Chico; Donald R. Jackson; Ernestine Jackson; Helen King; Jackie Petty; and Anthony Martinez, Plaintiffs-Appellees, v. ILLINOIS STATE BOARD OF ELECTIONS, Jesse R. Smart, Chairman, Charles W. Scholz, Vice-Chairman, Harold Byers, Betty J. Coffrin, Ernest L. Gowen, William M. McGuffage, Bryan A. Schneider, and Cassander B. Watson, Members in Their Official Capacity; Judy Baar Topinka, State Comptroller, in Her Official Capacity; Dan Rutherford, State Treasurer, in His Official Capacity; Board of Election Commissioners for the City of Chicago, Langdon D. Neal, Chairman, Richard A. Cowen and Marisol Hernandez, Commissioners, in Their Official Capacity, Defendants (The Committee for Legislative Reform and Term Limits, Intervenor-Appellant; Yes for Independent Maps, Intervenor).

Appellate Court of Illinois, First District, First Division.

August 20, 2014.


Attorney(s) appearing for the Case

Michael W. McConnell , of Kirkland & Ellis LLP, of Washington, D.C., and Steven R. Merican , of Steven R. Merican PC, and J. Timothy Eaton and Jonathan Amarilio , both of Taft Stettinius & Hollister LLP, both of Chicago, for appellant.

Richard J. Prendergast , Michael T. Layden , and Lionel W. Weaver , all of Richard J. Prendergast, Ltd., and Michael J. Kasper , both of Chicago, for appellees.


OPINION

Presiding Justice CONNORS delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs, a group of not-for-profit organizations and citizen taxpayers of Illinois, brought an action to restrain the expenditure of public funds related to two petitions that proposed amendments to our state constitution. One petition, known as the Term Limits Initiative, sought to amend three sections of the legislative article (Ill. Const. 1970, art. IV),...

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