Geoghegan Special Election Complaint
Transcript of Geoghegan Special Election Complaint
-
8/14/2019 Geoghegan Special Election Complaint
1/7
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
GERALD ANTHONY JUDGE and )
DAVID KINDLER, ) )Plaintiffs, )
) No.v. )
)PAT QUINN, GOVERNOR of the STATE of )ILLINOIS, )
)Defendant. )
COMPLAINT
Now come plaintiffs, Gerald Anthony Judge and David Kindler, by their attorneys, and
for their Complaint against defendant Pat Quinn, Governor of the State of Illinois, state as
follows:
NATURE OF ACTION
1) This is an action, pursuant to 42 U.S.C. 1983 and 28 U.S.C. 2201 and 2202,
seeking to redress the ongoing violation of the Seventeenth Amendment to the United States
Constitution by the failure of defendant, as Governor of Illinois, to issue a writ for a special
election to fill a vacancy in the United States Senate. This action seeks to uphold plaintiffs
rights under the Seventeenth Amendment and under the general principles of democracy upon
which our nation rests to vote for and directly elect their United States Senator.
2) One of Illinois two seats in the United States Senate became vacant on or around
November 16, 2008, when President Barack Obama resigned his seat after winning the
presidential election.
FILED: FEBRUARY 26, 2009
09CV1231
JUDGE GRADY
MAGISTRATE JUDGE MASON
BR
-
8/14/2019 Geoghegan Special Election Complaint
2/7
2
3) On December 30, 2008, then Governor Rod R. Blagojevich appointed Roland
Burris to fill the vacant seat.
4) On January 15, 2009, Roland Burris was sworn in as the junior United States
Senator for the State of Illinois.
5) Senator Burris was never elected to his current office of United States Senator,
and neither former Governor Blagojevich nor defendant Governor Pat Quinn has issued a writ
calling for any election to fill the vacancy created when President Obama resigned that seat.
6) As of late 2008, there is significant evidence that allowing the Governor to
appoint a Senator invites corruption and abuse of power. Former Governor Rod R. Blagojevichis currently under federal investigation for alleged acts including conspiring to use this power to
sell the Senate seat vacated by President Obama for substantial sums, or alternately to trade it for
other personal gain.
7) Even more recently, Senator Burris has revealed publicly that he offered to
fundraise for former Governor Blagojevich while he was simultaneously seeking to be appointed
by former Governor Blagojevich to the then to-be-vacated Senate seat of President Obama.
8) Given Illinois unfortunate history of governors being convicted for crimes
committed while in office, there having been two such governors, not including Mr. Blagojevich,
convicted since 1968, there is a very real potential for such corruption and abuse in the filling of
vacancies in the Unites States Senate under future Illinois governors.
9) The issue of how to fill a vacancy in a seat in the United States Senate is likely to
occur again.
-
8/14/2019 Geoghegan Special Election Complaint
3/7
3
10) The Seventeenth Amendment was adopted as a remedial measure in order to
remove the power of selection of U.S. Senators from state officials and replace it with direct
election by the people.
11) Illinois statutes providing for the appointment of persons to fill vacancies in the
U.S. Senate are contrary to this purpose in that current statutes give the power to select a United
States Senator to one elected officialthe Governorand take it away from the people.
12) The need to prevent and avoid the potential for corruption and abuse by the
Governor in using the power to appoint persons to fill vacancies in the United States Senate,
together with the right of the people to the direct election of persons to fill such vacancies,outweighs any interest the State might have in permitting persons appointed to such vacancies to
serve in the Senate for extended periods of time.
13) The fundamental democratic nature of the selection of United States Senators by
direct election and the rights of voters to engage in such direct election must be upheld by
requiring the defendant Governor to issue a writ ordering a special election at the earliest
practical date to fill the United States Senate seat vacated by President Obama and currently held
by the temporarily appointed Senator Roland Burris.
PARTIES
14) Plaintiffs are residents of the Northern District of Illinois, citizens of Illinois, and
registered voters in Illinois. They bring this action to enforce their rights as voters to participate
in the direct election of their United States Senators under the Seventeenth Amendment.
15) Defendant Pat Quinn is the Governor of the State of Illinois.
-
8/14/2019 Geoghegan Special Election Complaint
4/7
4
JURISDICTION AND VENUE
16) This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1343(a)(3) because
this case seeks to remedy a deprivation of the plaintiffs rights under the Seventeenth
Amendment to the United States Constitution.
17) Venue is proper in this judicial district because the defendant is a resident of, and
conducts business within its borders.
COUNT I DECLARATORY RELIEF
18) Plaintiffs reallege 1-17.
19)
The Seventeenth Amendment to the United States Constitution provides, in pertinent part:
When vacancies happen in the representation of any State in theSenate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of anyState may empower the executive thereof to make temporaryappointments until the people fill the vacancies by election as thelegislature may direct. (emphasis added)
20) The purpose of the proviso in the Seventeenth Amendment was to permit an
appointed Senator to serve only until the earliest time that it would be practical to conduct a
special election to fill the vacant seat.
21) One of Illinois two United States Senate seats became vacant on or around
November 16, 2008.
22) 10 ILCS 5/25-8, which is the only direction provided by the Illinois General
Assembly concerning the filling of vacancies in the Unites States Senate, provides:
When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment tofill such vacancy until the next election of representatives inCongress, at which time such vacancy shall be filled by election,
-
8/14/2019 Geoghegan Special Election Complaint
5/7
-
8/14/2019 Geoghegan Special Election Complaint
6/7
6
28) Because 10 ILCS 5/25-8 violates the plaintiffs rights to vote under the
Seventeenth Amendment and because the defendant Governor has failed to issue a writ of
election, an actual controversy exists between the parties.
WHEREFORE, plaintiffs respectfully request this Court:
a. to declare, pursuant to 42 U.S.C. 1983 and 28 U.S.C. 2201, that 10 ILCS 5/25-
8, regulating the filling of vacant United States Senate seats, violates the
plaintiffs rights under the Seventeenth Amendment to the United States
Constitution to vote in the direct election for their United States Senator, and that
the defendant Governors failing to issue a writ of election for an election to fillthe vacancy in the United States Senate violates these same rights of plaintiffs
under the Seventeenth Amendment to the United States Constitution;
b. to award plaintiffs their costs and attorneys fees pursuant to 42 U.S.C. 1988; and
c. to award such other relief as the Court deems necessary or appropriate.
COUNT II INJUNCTIVE RELIEF
29) Plaintiff realleges 1-28.
WHEREFORE, plaintiffs respectfully request this Court, pursuant to 28 U.S.C. 2202
and 42 U.S.C. 1983:
a. to enter an order enjoining defendant Governor Pat Quinn from continuing to
violate plaintiffs rights to vote in the direct election of their United States Senator
under the Seventeenth Amendment to the United States Constitution, and
mandating defendant Governor to issue a writ for a special election to be
conducted as soon as practical to fill the vacancy in the United States Senate
-
8/14/2019 Geoghegan Special Election Complaint
7/7
7
created by the resignation of Barack Obama on or about November 16, 2008,
which seat is temporarily filled by Senator Burris;
b. to award plaintiffs their costs and attorneys fees pursuant to 42 U.S.C. 1988; and
c. to award such other relief as the Court deems necessary or appropriate.
Date: February 26, 2009 _/s/Thomas H. Geoghegan____________ One of Plaintiffs Attorneys
Thomas H. Geoghegan Martin J. Oberman
(ARDC No. 3126689) (ARDC No. 2076713)Despres, Schwartz & Geoghegan, Ltd. Suite 185077 W. Washington St. 122 South Michigan AvenueSuite 711 Chicago, Illinois 60603Chicago, IL 60602 (312) 360-1800Ph: (312) 372-2511 [email protected] [email protected]
Scott J. Frankel (ARDC No. 6195429)Robert R. Cohen (ARDC No. 6193698)Frankel & Cohen77 W. Washington St.Suite 1700Chicago, IL 60602(312) 759-9600email: [email protected] email: [email protected]