Legal Opinion

Lynch v. Illinois State Board of Elections

Court of Appeals for the Seventh Circuit

Decided July 6, 1982No. Nos. 82-1341, 82-1515PublishedCited by 4 opinions

1Opinion of the Court

HARLINGTON WOOD, Jr., Circuit Judge.

Defendants appeal from a decision of the district court holding unconstitutional the application of Ill.Rev.Stat. ch. 24, § 3-2-7 (1980), which authorized the Mayor of the City of Chicago to fill an aldermanic vacancy by appointment. In view of the Supreme Court’s recent decision in Rodriguez v. Popular Democratic Party, - U.S. -, 102 S.Ct. 2194, 72 L.Ed.2d 628 (1982), we reverse.

I

Prior to December 1, 1980, the Illinois Municipal Code authorized special elections to be held for the purpose of filing vacancies in elective municipal offices. Ill.Rev. Stat.…

2Cases cited10 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Sailors v. Board of Ed. of Kent Cty.Supreme Court of the United States · 1967
  3. Rodriguez v. Popular Democratic PartySupreme Court of the United States · 1982
  4. Fortson v. MorrisSupreme Court of the United States · 1966
  5. Valenti v. RockefellerDistrict Court, S.D. New York · 1969

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3Cited by4 opinions

  1. Edward W. Gjersten v. The Board of Election Commissioners for the City of Chicago, Ed. H. Smith v. The Board of Election Commissioners for the City of Chicago, Donald L. Pamon, Cross-Appellants v. The Board of Election Commissioners for the City of Chicago, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1986
  2. Georges v. CarneyDistrict Court, N.D. Illinois · 1982
  3. Gjersten v. Board of Election CommissionersCourt of Appeals for the Seventh Circuit · 1986
  4. Ulmer D. Lynch v. Illinois State Board Of ElectionsCourt of Appeals for the Seventh Circuit · 1982

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