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02/20/87 the People of the State of v. Margaret White

February 20, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT

v.

MARGARET WHITE, APPELLEE



SUPREME COURT OF ILLINOIS

506 N.E.2d 1284, 116 Ill. 2d 171, 107 Ill. Dec. 229 1987.IL.193

Appeal from the Circuit Court of White County, the Hon. Henry Lewis, Judge, presiding.

APPELLATE Judges:

JUSTICE SIMON delivered the opinion of the court.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SIMON

Prior to the November 1984 election for the office of State's Attorney of White County, the defendant, Margaret White, allegedly distributed a leaflet urging voters not to support the incumbent, Thomas Sutton, and to instead write in the name of James R. Conley, Jr. The leaflet stated:

HOW TO WRITE IN A VOTE

WRITE OFFICE,

MAKE SQUARE,

PUT AN X IN SQUARE.

LETS GET SUTTON OUT OF OFFICE. IT SHOULD LOOK LIKE THIS --

CLIP -- TAKE TO POLLS

STATES ATTORNEY X JAMES R. CONLEY, JR.

For distributing this leaflet without printing the name and address of the persons publishing and distributing it on the leaflet, the defendant was charged by information with violating section 29-14 of the Election Code (Ill. Rev. Stat. 1983, ch. 46, par. 29-14). The circuit court of White County dismissed the charge on the ground that section 29-14 is unconstitutional under both the first amendment to the United States Constitution and article I, section 4, of the ...


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