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Peo. Ex Rel. Goldberg v. Delaney

OPINION FILED MARCH 28, 1968.

THE PEOPLE EX REL. MAYER GOLDBERG, APPELLANT,

v.

FRANCIS T. DELANEY, APPELLEE. — THE PEOPLE EX REL. JAMES C. SPANGLER, APPELLANT,

v.

L. SHELDON BROWN, APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. CHARLES S. DOUGHERTY, Judge, presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 27, 1968.

The issues in these consolidated quo warrantor actions concern the method of conducting elections for the office of circuit judge. Both cases arise out of the election held in Cook County in November of 1966. One of them involves the election of four judges for full terms, and the other an election to fill three vacancies caused by two deaths and one resignation. The common question is whether at such elections each candidate runs only against the candidate whose name appears opposite his name on the ballot or whether he runs against all other candidates. The parties describe the former as a "head on head" election and the latter as a "field" election.

For the four full-term offices each major political party nominated four candidates whose names appeared on the ballots in the order in which they were certified by the party to the Secretary of State.

The form of the paper ballots used in the election and the total votes received by each candidate were as follows (asterisks precede the names of the four candidates who received the highest vote):

(Democratic) (Republican)

FOR JUDGES OF THE CIRCUIT FOR JUDGES OF THE CIRCUIT COURT COURT COOK COUNTY COOK COUNTY JUDICIAL CIRCUIT JUDICIAL CIRCUIT (Full Term) (Full Term) (Vote for Four) (Vote for Four)

PHILIP ROMITI 933,124 [*]HARRY S. STARK 953,983 [*]WALTER J. KOWALSKI 971,526 [*]FRANCIS T. DELANEY 958,753 EARL E. STRAYHORN 899,603 [*]THOMAS R. MC MILLEN 988,155 MAYER GOLDBERG 939,833 RAYMOND E. TRAFELET 927,240 On the face of the voting machines the names of the candidates were aligned in the same order, centered beneath or beside the single description:

FOR JUDGES OF THE CIRCUIT COURT OF COOK COUNTY

(Full Term)

(Vote for Four)

The machines were so prepared that voters were physically able to vote for candidates whose names appeared opposite each other.

The four candidates who received the highest number of votes were declared elected and installed in office. The plaintiff Goldberg contends that because Francis T. Delaney received fewer votes than Walter J. Kowalski, whose name appeared opposite Delaney's on the ballot, Delaney was not elected. He also contends that because he received more votes than Raymond E. Trafelet, whose name appeared opposite his on the ballot, he was elected. His complaint prayed that he be installed as judge in place of Delaney.

In the election to fill the three vacancies each political party nominated a candidate to fill a particular vacancy. For example, the Democratic party nominated the plaintiff, James C. Spangler, and the Republican party nominated Joseph T. Lavorci, to fill "the vacancy caused by the resignation of Honorable Alexander J. Napoli." Each party ...


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