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FOSTER v. KUSPER
April 18, 1984
CURTIS FOSTER, PLAINTIFF,
STANLEY KUSPER, IN HIS CAPACITY AS COUNTY CLERK OF COOK COUNTY, ILLINOIS STATE BOARD OF ELECTIONS, MICHAEL HAMBLET, J. PHIL GILBERT, RICHARD COWENS, THERESA PETRONE, NORMA SHAPIRO, CAROLYN EYRE, JOSHUA LOGAN, JOHN LANIGAN, IN THEIR CAPACITY AS MEMBERS OF THE BOARD, J. ROBERT BARR, IN HIS CAPACITY AS COOK COUNTY CHAIRMAN OF THE REPUBLICAN PARTY AND RONALD MILLER,[FN1] DEFENDANTS.
The opinion of the court was delivered by: Shadur, District Judge.
This cause came on to be heard on the motion of plaintiff
Curtis Foster ("Foster") for a preliminary injunction, shortly
before the expiration of the temporary restraining order ("TRO")
issued by this Court April 2, 1984. This Court has considered the
Complaint, the affidavits submitted in support of and in
opposition to the motion and oral evidence offered at the
hearing. Based on the foregoing this Court makes the following
Findings of Fact ("Findings") and Conclusions of Law
("Conclusions") as required by Rule 52(a):
1. Stanley Kusper ("Kusper") is the County Clerk of Cook County
and the person required under the Illinois Election Code (the
"Code") to certify candidates who win elections in Cook County.
Illinois' State Board of Elections ("Board") supervises elections
in the State of Illinois and enforces the Code.
2. In the March 20, 1984 primary election three candidates were
on the ballot seeking election as Republican ward committeeman
for the 28th Ward of the City of Chicago (the "Ward
Committeemanship"). Foster was not on the ballot, while defendant
Ronald Miller ("Miller") was.
3. Board's official canvass of the election results of votes
cast for the Ward Committeemanship reflected the following:
(a) Foster received 80 write-in votes, the highest
number of votes received by anyone.
(b) Of the three candidates listed on the ballot,
Miller received 36 votes, Richey A. Prince 22 votes
and Marie Goodlaw 19 votes — a total of 77
4. Kusper certified Ronald Miller as the winner of the election
for the Ward Committeemanship.
5. Foster filed his Complaint in this action April 2, 1984. At
12 noon the same day the Cook County Republican Convention was
scheduled to meet. During that convention each duly elected ward
committeeman was scheduled to be seated as such.
6. At 10:10 a.m. that same day Foster obtained a TRO from this
Court by establishing (a) he had at least a reasonable likelihood
of success on the merits of his constitutional claims, (b) if a
TRO were not granted he would suffer irreparable injury and would
have no adequate remedy at law, (c) defendants would not be
injured by reason of the TRO by being delayed from taking action
until the preliminary injunction hearing and (d) granting the TRO
would not disserve the public interest.
(a) Defendants were ordered not to certify or to
seat Miller as 28th Ward Republican ward committeeman
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