1IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION SHARON MERONI, ) ) Petitioner, ) ) v.

) ) ILLINOIS STATE BOARD OF ) ELECTIONS, THE ILLINOIS STATE ) BOARD OF ELECTIONS SITTING AS ) AN ILLINOISSTATE ELECTORAL ) BOARD, WILLIAM M. McGUFFAGE ) JESSE R. SMART, HAROLD D. BYERS, ) BETTY J. COFFRIN, ERNEST L. GOWEN,) JUDITH C. RICE, BRYAN A. SCHNEIDER) and CHARLES W. SCHOLZ, individually ) and as members of the ILLINOIS STATE BOARD OF ELECTIONS, SITTING AS ) ILLINOIS STATE ELECTORAL BOARD, DANIEL DUFFY and AMANDA ) HOWLAND, candidates, DAVID ORR ) not individually but as Clerk of Cook County, Illinois, WILLARD HELANDER, ) not individually but as Clerk of Lake ) Illinois, and KATHERINE SCHULTZ, ) individually but as Clerk of McHenry ) County Illinois, ) ) Respondents. )

Case No.:

Petition for Judicial Review of the Proceedings and Final Decision in 11 SOEB 515 and 11 SOEB 515 before the Illinois State Board of Elections sitting as an Illinois Electoral Board. ) ) )

PETITION FOR JUDICIAL REVIEW UNDER SECTION 1010.1 ILLINOIS ELECTION CODE NOW COMES the Petitioner, SHARON MERONI, by and through her attorneys, and submits this Petition for Judicial Review of the decision of the Respondents, ILLINOIS STATE BOARD OF ELECTIONS, ILLINOIS STATE BOARD OF ELECTIONS SITTING AS AN ILLINOIS STATE ELECTORAL BOARD, WILLIAM M. McGUFFAGE, JESSE R. SMART, HAROLD D. BYERS, BETTY J. COFFRIN, ERNEST L. GOWEN, JUDITH C. RICE, BRYAN A. SCHNEIDER and CHARLES W. SCHOLZ, individually and as members of the

ILLINOIS STATE BOARD OF ELECTIONS SITTING AS ILLINOIS STATE ELECTORAL BOARD, (hereinafter Electoral Board). Relief is also sought against Respondents DAN DUFFY and AMANDA HOWLAND, as candidates; DAVID ORR, in his official capacity as the Clerk of Cook County, Illinois; WILLARD HELANDER, in her official capacity as the Clerk of Lake County, Illinois; and, KATHERINE C. SCHULTZ, in her official capacity as the Clerk of McHenry County, Illinois. In support of this Petition, Petitioner states as follows: 1. Petitioner is a duly registered voter and resident of the Village of Barrington

Hills, Illinois. Petitioner timely filed Objections with the Illinois State Board of Elections against the candidacies of DAN DUFFY and AMANDA HOWLAND, candidates for Illinois State Senator from the 26th Legislative District (hereinafter Candidates). The Candidates are named as Respondents herein to subject them to the jurisdiction of this Honorable Court and give them notice of the pendency of this matter and an opportunity to be heard. 2. Respondent DAVID ORR is named in his capacity as the Clerk of Cook County,

Illinois with the duty to certify names of candidates for the office and conduct the election for the Primary Election to be held March 20, 2011, and is named here for relief only. Respondent ORR, in his capacity as County Clerk, is statutorily required to certify, print and distribute the ballots for the election for the candidates for the office at issue herein, and to schedule and administer the election for this office. 3. Respondent WILLARD HELANDER is named in her capacity as the Clerk of

Lake County, Illinois with the duty to certify names of candidates for the office and conduct the election for the Primary Election to be held March 20, 2011, and is named here for relief only. Respondent HELANDER, in her capacity as County Clerk, is statutorily required to certify, print and distribute the ballots for the election for the candidates for the offices at issue herein, and to

schedule and administer the election. 4. Respondent KATHERINE C. SCHULTZ is named in her capacity as the Clerk of

McHenry County, Illinois, with the duty to certify names of candidates for the office and conduct the election for the Primary Election to be held March 20, 2012, and is named here for relief only. Respondent SCHULTZ, in her capacity as County Clerk, is statutorily required to certify, print and distribute the ballots for the election for the candidates for the office at issue herein, and to schedule and administer the election for this office. 5. (2011). 6. Petitioner is a registered voter in the 26th Legislative District of Illinois, and has This Petition is brought pursuant to the Illinois Election Code. 10 ILCS 5/10-10.1

standing thereby and through her interest that the laws governing the filing of nomination papers for the office of Illinois State Senator for the 26th Legislative District of Illinois are properly complied with, and that only candidates qualified for office under the Illinois and United States Constitutions appear on the ballot for said office for March 20, 2012 Primary Election ballot. 7. In the Objections, Petitioner asserted that the Candidates had not tendered

sufficient proof that they were U.S. Citizens as required to hold the office sought, as is required by the Illinois Constitution of 1970. Ill. Const., Art IV, Sec. 2(c). 8. On January 12, 2012 the Electoral Board and its individual members personally

held hearings on the objections. They entered final orders granting the Candidates respective Motions to strike and dismiss the Objections from which Petitioner seeks judicial review. Petitioner, through her attorney, has not received service of the written decision as of the filing of this Motion. 9. The decision of the Electoral Board to grant ballot access to the Candidates

should be reversed as it is contrary to law, against the manifest weight of the evidence, arbitrary

and capricious, and a denial of the rights of the Petitioner under the United States and Illinois Constitutions. Respondent Candidates nomination papers were not sufficient to qualify them for ballot access in that they presented insufficient evidence of their United States citizenship, a requirement of office under the Illinois Constitution. 10. It is the duty of an Illinois electoral board to decide whether or not the certificate

of nomination or nominating papers or petitions on file are valid or whether the objections thereto should be sustained . . . 10 ILCS 10-10(2010). 11. Under the Illinois Constitution of 1970, Petitioner is granted a right to

vote. Ill. Const., Art III, Sec. 1. Said right is broadly defined in Illinois law. Our cases support the view that legislation that affects any stage of the election process implicates the right to vote. Tully v. Edgar, 171 Ill. 2d 297, 307, 215 Ill. Dec. 646, 651-2, 664 N.E.2d 43, 48-9 (1996) (courts emphasis). Any regulatory scheme impinging on the Tully, supra, 171 Ill. 2d at

right to vote is reviewed under a strict scrutiny standard. 304-5, 215 Ill. Dec. at 651-2, 664 N.E.2d at 48-9 (1996). 12.

The law of Illinois, in combination of (1) a short period of time allowed for filing

of objections to candidates by voters under the Illinois Election Code (see 5 ILCS 5/1010.1(2011)); (2) the practice of apparent compliance by election authorities with regard to requiring proof of United States citizenship by candidates for office in Illinois (see 10 ILCS 5/10-8 (2009)); (3) the absence of any duty in law of election officials, including but not limited to the Illinois State Board of Elections to require production, or retention for examination by voters, of any evidence of U.S. citizenship of candidates for office in Illinois in accepting nomination papers of candidates for office in Illinois other than a self-serving statement by the proposed candidate (see, e.g., 10 ILCS 5/7-10(2011); 10 ILCS 5/10-5 (2011), ) and, (4) the statutory barriers now in existence to bar voters from reasonable investigation of the citizenship

of a candidate, (see, e.g., Illinois Vital Records Act, 435 ILCS 535/25(4) (2011); Illinois Freedom of Information Act, 5 ILCS 140/3 (2010), 5 ILCS 140/7(b) (2010), and 5 ILCS 140/7(c)(vi) (2010)) create a constitutional deprivation of due process as to Petitioner and all similarly situated citizens of Illinois, and untenable burden upon and restriction of their right to vote under the Illinois Constitution. 13. Petitioner was injured by said deprivation, (1) as her ability to review, investigate

and ascertain the U.S. citizenship of candidates for office in a district for which she is a registered voter has been unlawfully and unconstitutionally constrained, thereby preventing her from fully exercising her right to vote under Illinois law, and (2) she was precluded from obtaining evidence to present to the Electoral Board in her Objection, resulting in dismissal of her Objection by the Electoral Board and (3) her lack of evidence caused dismissal of her Objection.
14.

The acts of the Illinois State Board of Elections, and the Electoral Board

constituted state action for purposes of this proceeding. See, Gray v. Sauders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963). 15. This Honorable Court has jurisdiction to review the unconstitutional deprivations

and practices identified herein. See, Phelan v. County Officers Electoral Board, 240 Ill. App. 3d 368, 181 Ill. Dec. 142, 608 N.E.2d 215 (1st Dist 1992).

WHEREFORE, Petitioner, SHARON MERONI, respectfully prays this Honorable Court to grant this Petition for Judicial Review and grant the following relief, Reversing the decision of the Electoral Board finding that the Candidates were eligible to appear on the March 20, 2012 Primary Election ballot and remove the Candidates from the ballot; Declaring the legislative scheme and practice of the State of Illinois as identified herein, including, inter alia, 10 ILCS 5/7-10(2011); 10 ILCS 5/10-5 (2011); 10 ILCS 5/10-8, and 5 ILCS 5/1010.1(2011)); to be unconstitutional on ground that said provisions fail to protect, and untenably burden the right

to vote of all Illinois voters; Staying the decision of the Electoral Board pending ruling by this Court; and For such further and additional relief as this Court deems appropriate and just.

Respectfully submitted, SHARON MERONI

By:

Stephen F. Boulton, Esq. MCCARTHY DUFFY LLP 180 N. LaSalle Street, Suite 1400 Chicago, IL 60601 312-726-0355 Attorney No. 44674 Garry Kreep, Esq. United States Justice Foundation 932 D Street Suite 2 Ramona, CA 92065 (760) 788-6624