McDonald v. Board of Election Commissioners

OPINION

AUSTIN, District Judge.

This action seeks to enjoin the enforcement of the Illinois Election Code because it is unconstitutional insofar as the absentee ballot provisions thereof and defendants’ administration thereunder exclude the plaintiffs and others similarly situated from that class of persons entitled to such ballots because of “physical incapacity” to appear at the polls on any election day. Chapter 46, §§ 19-1, 19-2 and 19-3, Ill.Rev.Stats. It is urged that such exclusion violates the Equal Pro*16tection Clause of the Fourteenth Amendment to the Constitution of the United States…