Original proceeding for mandamus.
On December 1, 1975, the plaintiff, John P. Touhy, chairman of the Illinois Democratic Central Committee, applied for leave to file an original petition for mandamus against the defendant, the Board of Elections of the State of Illinois. Leave to file was granted, issue was joined upon the complaint and a motion to dismiss filed on behalf of the defendant, and briefs were filed on an extremely accelerated schedule. Applications for leave to intervene were filed on behalf of Daniel Walker, Governor of Illinois, who sought leave to intervene as an individual citizen and as a member of the Democratic Party, and also on behalf of the Committee on Illinois Government, a not-for-profit corporation, and John S. Matijevich and Sarah Beatty, citizens and voters. Both applications for leave to intervene were denied, but both applicants were granted leave to file amicus curiae briefs. Leave was also granted to the Democratic National Committee to file an amicus curiae brief.
The petition for mandamus relates to the method to be used in apportioning the delegates to the Democratic National Convention among the congressional districts within the State of Illinois. The pertinent statute (Ill. Rev. Stat. 1973, ch. 46, par. 7-14.1) provides two alternative formulae to be used in selecting delegates and alternate delegates to national political party conventions. One of these formulas, "Alternative A," has been used by the Republican Party; the other, "Alternative B," has been used by the Democratic Party. Alternative A is not involved in this case. Alternative B provides:
"The State Board of Elections shall allocate the number of delegates and alternate delegates to which the State is entitled, as the case may be, among the congressional districts in the State for election from the congressional districts. The Board shall utilize the following formula to determine the number of delegates or alternate delegates, as the case may be, to be elected from each congressional district: The number to be elected from a district equals the product of (a) the sum of the fraction calculated by dividing the population of the district according to the last decennial Federal census by the total population of the State according to that census, plus the fraction calculated by dividing the number of votes cast in the district for that party's candidate for President in the preceding Presidential election by the total number of votes cast in the State for the party's candidate for President in the preceding Presidential election; (b) one half; and (c) the number of delegates, or alternate delegates as the case may be, to which the State is entitled at that party's national convention. The foregoing formula may be represented, in summary form as follows: the number to be elected from a district equals
Dist. Population Vote in Dist. for party Presidential Candidate State Population Vote in State for party Presidential Candidate
X [1/2] X [Number of delegates to which State is entitled.]
The whole number of delegates so determined, disregarding fractions, shall be allocated to the respective congressional districts in the State. The remainder of the delegates shall be elected at large in the primary or chosen by the State convention of the appropriate party as determined by the State central committee of the party at the same time it makes the certification as to which of the alternatives under this section it wishes to be utilized in allocating its delegates."
The complaint alleged that on March 1, 1975, the Democratic National Committee adopted delegate selection rules for the 1976 Democratic National Convention. These rules set forth four different acceptable formulas for apportioning delegates to the Democratic National Convention within a State. These four formulas are:
"(1) a formula giving equal weight to total population and to the average of the vote for the Democratic candidates in the two most recent presidential elections;
(2) a formula giving equal weight to the vote for the Democratic candidates in the most recent presidential and gubernatorial elections;
(3) a formula giving equal weight to the average of the vote for the Democratic candidates in the two most recent presidential elections and to Democratic Party registration or enrollment as of January 1, 1976;
(4) a formula giving one-third (1/3) weight to each of the formulas in items (1), (2) and (3)."
The complaint further alleged that a proposed delegate selection plan was submitted by the plaintiff to the National Democratic Committee and on August 8, 1975, that plan was approved by the Compliance Review Commission of the Democratic National Committee. This formula provides:
"Equal weight shall be given to the average of the vote for the Democratic candidates in the two most recent presidential elections and to Democratic Party enrollment as measured by the Democratic Party vote in the primary election of March 19, 1974.
Fractions shall be placed in rank order, highest first, and delegates shall be allocated thereby until the ...