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COMMUNIST PARTY OF ILLINOIS v. OGILVIE

September 21, 1972

THE COMMUNIST PARTY OF ILLINOIS ET AL., PLAINTIFFS,
v.
RICHARD B. OGILVIE ET AL., DEFENDANTS.



Before Cummings, Circuit Judge, and Marovitz and McMILLEN, District Judges.

The opinion of the court was delivered by: Per Curiam.

PRELIMINARY INJUNCTION

This cause came on to be heard on plaintiffs' motion for a preliminary injunction and the court having considered the complaint, the affidavits provided by plaintiffs and documents in opposition thereto, and having heard argument in open court, this court states as follows:

FINDINGS OF FACT

  1.  Plaintiffs are the Communist Party of
      Illinois, its candidates for public office
      for the election to be held on November 7,
      1972 and the Reverend William E. Hogan, an
      Illinois voter suing on his own behalf and on
      behalf of other Illinois voters who wish to
      vote for candidates of the Communist Party of
      Illinois in the November 1972 election.
  2.  Defendants are Richard B. Ogilvie,
      individually and as Governor of the State of
      Illinois; John W. Lewis, individually and as
      Secretary of State of the State of Illinois;
      William J. Scott, individually and as
      Attorney General of the State of Illinois;
      Michael J. Howlett, individually and as
      Auditor of Public Accounts; Alan J. Dixon,
      individually and as State Treasurer of the
      State of Illinois; James Ronan, individually
      and as Chairman of the State Central
      Committee of the Democratic Party of
      Illinois; Victor Smith, individually and as
      Chairman of the State Central Committee of
      the Republican Party of Illinois. Together
      they compose the State Electoral Board of the
      State of Illinois.
  3.  On or about January 31, 1972, plaintiff
      Communist Party of Illinois, in order to form
      itself as a new political party throughout
      Illinois, nominated plaintiff candidates to
      seek election in the 1972 general election
      and printed and distributed new political
      party petitions to gather the requisite
      number of signatures.
  4.  As of August 3, 1972, plaintiffs and their
      agents collected a total of 33,027
      signatures, of which 26,735 were by voters
      residing in Cook County (a county containing
      slightly more than one-half the registered
      voters in the state of Illinois) and 6,292
      were by voters residing outside of Cook
      County (containing slightly less than
      one-half of all the registered voters in the
      state of Illinois.)
  5.  On August 3, 1972, plaintiffs tendered their
      petitions to the Index Division of the Office
      of the Secretary of State and their tender
      was refused pursuant to a letter from Don Ed,
      Supervisor of the Index Division stating
      inter alia: Upon scanning the petition, it
      appears to meet with statutory requirements
      with the following exception: the petition was
      not accompanied with the so-called loyalty
      oaths for state offices as provided in section
      7-10.1 of the Illinois Election Code.
      Therefore, the petition was not accepted for
      filing.
  6.  On August 8, 1972, the defendants were
      ordered by the Honorable Hubert L. Will to
      receive the petitions nunc pro tunc as of
      August 3, 1972. The petitions were tendered and
      received pursuant to that order.
  7.  On August 12, 1972, a challenge was filed to
      the Communist Party of Illinois new party
      petitions on grounds that they were not
      accompanied by loyalty oaths.
  8.  On September 6, 1972, a meeting of the
      Electoral Board was convened and sustained
      the objection to the validity of the
      petitions on ground that no loyalty oath had
      been filed.
  9.  On September 7, 1972, the Electoral Board
      reconvened and voted to deny certification of
      the Communist Party as a new political party
      so that its candidates would not be placed on
      the ballot. It based its ruling on the
      failure of the candidates of the Communist
      Party to sign loyalty oaths as required by
      Ch. 46, ยง 7-10.1, Ill. Rev. Stat. 1971 and
      failure ...

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