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FOSTER v. KUSPER

April 18, 1984

CURTIS FOSTER, PLAINTIFF,
v.
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.

PRELIMINARY INJUNCTION

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):

Findings of Fact

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
  votes.

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.

7. Under the TRO:

    (a) Defendants were ordered not to certify or to
  seat Miller as 28th Ward Republican ward committeeman
  until ...

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