Small v. Kusper

Plaintiffs, voters in the March 1986 primary election in Chicago, appeal from the dismissal of their complaint which sought to have various provisions of the Illinois Election Code (Ill. Rev. Stat. 1985, ch. 46, par. 1 — 1 et seq.) declared unconstitutional and to have defendants, local and State election officials, enjoined from enforcing those provisions. Plaintiffs alleged that the challenged provisions violated their right to privacy guaranteed by article I, section 6, of the 1970 Illinois Constitution.

The statutes in question require that each primary voter disclose his party affiliation…