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Bradley v. Lunding

Citations: 344 N.E.2d 472; 63 Ill. 2d 91; 1976 Ill. LEXIS 290Docket: 48178

Court: Illinois Supreme Court; March 18, 1976; Illinois; State Supreme Court

Narrative Opinion Summary

The case of Paul Bradley et al. v. Franklin J. Lunding, Jr. et al. before the Illinois Supreme Court examines the constitutionality of a regulation by the State Board of Elections concerning the order of candidates' names on primary ballots. Initially, the Sangamon County Circuit Court found the regulation unconstitutional, prompting an appeal. The Supreme Court reversed this decision, asserting that the Election Code mandates the certification of candidates based on the order of their nomination petitions, as specified in Sections 7-12 and 7-14. The contested regulation employs a lottery system to resolve ties among candidates filing simultaneously. The case involves two counts: one concerning candidates for judgeships in Cook County and another for those elected by Chicago voters. The trial court's order allowed group petitions to maintain their status but required them to forfeit lottery participation to do so. The Supreme Court found no discrimination in the regulation's application, as it was crafted without bias toward filing outcomes. The judgment emphasized voters' interest in identifying candidates easily and concluded that no constitutional or statutory rights were violated, thereby supporting the established process for candidate certification on ballots.

Legal Issues Addressed

Certification of Candidates under Election Code Sections 7-12 and 7-14

Application: The Supreme Court affirmed that the State Board of Elections must certify candidates based on the order of their nomination petitions as outlined in these sections.

Reasoning: The Supreme Court reversed this judgment, affirming that the State Board of Elections is required by Sections 7-12 and 7-14 of the Election Code to certify candidates based on the order of their nomination petitions.

Constitutionality and Discrimination in Ballot Regulations

Application: The regulation was determined not to be discriminatory as it was established without knowledge of filing outcomes, and no infringement on constitutional rights was demonstrated.

Reasoning: The court emphasized that the impact of the regulation is context-dependent, varying with the number of vacancies and candidates. Importantly, it determined that the regulation was not discriminatory, as it was preemptively created without knowledge of filing outcomes.

Group Petitions and Ballot Order

Application: Group petitions are allowed under Section 7-10, and the regulation permits group petitioners to retain their group status but requires them to forfeit lottery participation.

Reasoning: The trial court's order reflects two primary considerations: the individual candidate's right to equitable ballot placement and the right of candidates to maintain group identity on the ballot.

Simultaneous Petition Filing and Lottery System

Application: The regulation allows a lottery system to resolve ties when petitions are filed simultaneously, with group petitions treated as a single entry.

Reasoning: The Board's challenged regulation used a lottery system to resolve ties for simultaneously filed petitions, a method that was previously discussed in Huff v. State Board of Elections.