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eBook details

• Title: Hirschfield v. Barrett
• Author : Supreme Court of Illinois
• Release Date : January 29, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Rehearing denied September 17, 1968. Plaintiffs bring this complaint for a mandatory injunction to compel defendant as county clerk of Cook County to count and
report the write-in votes of eight of the plaintiffs who voted at the November 8, 1966, general election in Cook County outside
of the city of Chicago. These plaintiffs wrote in the name of Michael M. Phillips, also a plaintiff, and voted for him for
associate judge of Cook County to fill an allegedly unexpired term resulting from the death of Associate Judge H.R. Stoffels
on August 28, 1966. There was no indication on the ballots submitted to the electorate at that election that any such vacancy
existed, and Phillips's eight votes constituted all of the votes cast for this office. Plaintiffs therefore now assert that
by virtue of their eight votes defendant should certify Phillips as the duly elected judge to fill said allegedly unexpired
term. Defendant filed a motion to dismiss the complaint for failure to state a cause of action and the trial court sustained
the motion and dismissed the suit. On direct appeal to this court plaintiffs assert both State and Federal constitutional
questions.

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