Allen v. Powell

This is a direct appeal from a final judgment of the circuit court of Madison County in favor of the defendants, Paul Powell, Secretary of State, and Eulalia Hotz, County Clerk of Madison County, against the plaintiff-taxpayers. A constitutional question gives us jurisdiction.

This case followed the election of Paul Simon, State Senator for the Fifty-Third District, to the office of Lieutenant Governor. On November 8, 1968, he wrote to the then Governor, Samuel H. Shapiro, submitting his resignation as Senator “to be effective at 11159 A.M. on January 8, 1969.” On November 12, 1968, the…