Lynch v. Illinois State Board of Elections
Lynch v. Illinois State Board of Elections
Opinion of the Court
Defendants appeal from a decision of the district court holding unconstitutional the application of Ill.Rev.Stat. ch. 24, § 3-2-7 (1980), which authorized the Mayor of the City of Chicago to fill an aldermanic vacancy by appointment. In view of the Supreme Court’s recent decision in Rodriguez v. Popular Democratic Party, - U.S. -, 102 S.Ct. 2194, 72 L.Ed.2d 628 (1982), we reverse.
I.
Prior to December 1, 1980, the Illinois Municipal Code authorized special elections to be held for the purpose of filing vacancies in elective municipal offices. Ill.Rev. Stat. ch. 24, § 3-2-7 (1979). Effective December 1, 1980, the Illinois General Assembly amended section 3-2-7 as part of an overall plan for the consolidation of elections in Illinois:
Except as otherwise provided in this Code, whenever a vacancy occurs in any elective municipal office, with at least 28 months remaining in a 4-year term, and the vacancy occurs at least 130 days before the next scheduled general municipal election as provided in the general election law, the office shall be filled for the remainder of the term at that general municipal election.... Until the office is filled by election, the mayor or president shall appoint a qualified person to the office, subject to the advice and consent of the corporate authorities. Municipal officers appointed or elected under this Section shall hold office until their successors are elected and have qualified.
1980 Illinois Laws, P.A. 80-1469, § 4; 1981 Illinois Laws, P.A. 81-1490, § 2. That amendment thus eliminated the use of special elections.
Section 3-2-7 must be read with reference to the new Illinois Election Code, which establishes a consolidated schedule of elections. Ill.Rev.Stat. ch. 46, § 2A-1.2 (1980). That schedule provides for all elections, with only a few exceptions, to be held on one of five regular dates over a two-year cycle. The general election and the general
II.
Plaintiffs are three registered voters of the 17th Ward in the City of Chicago. Their claim arises from an appointment made by the mayor, pursuant to section 3-2-7, to fill a vacancy created on January 13, 1981 in the office of alderman for the 17th Ward. That vacancy occurred with twenty-seven months of a four-year term remaining and only one month before the next general municipal election. Under the new Illinois elections law, the mayor’s appointee will hold office for twenty-five months, until the consolidated primary election in February 1983. That is, he will serve out the remainder of the term because it is less than twenty-eight months.
Plaintiffs complained that the twenty-five month suspension of their right to vote offends the Constitution of the United States. The district court agreed and ordered a special election to be held June 1, 1982 and, if necessary, a run-off election to be held June 29, 1982.
III.
Although it is unclear what standard of review the district court applied, the opinion of the court suggests the standard of strict scrutiny.
In Rodriguez, the Supreme Court upheld a Puerto Rico statute which had been interpreted to permit an interim vacancy in the Puerto Rico House of Representatives to be filled by the political party of the legislator who had vacated the seat. The statute allowed the appointee to serve until the term of his predecessor has expired — approximately forty months. The appellants had argued that they have a federal constitutional right to elect their representatives and that legislative vacancies therefore must be filled by special election.
Addressing that constitutional challenge, the Court noted that no provision of the Constitution expressly mandates the procedures a state must follow in filling vacancies in its legislature, and that “the right to vote, per se, is not a constitutionally protected right.” At -, 102 S.Ct. at 2199, quoting San Antonio School District v. Rodriguez, 411 U.S. 1, 35 n.78, 93 S.Ct. 1278, 1298 n.78, 36 L.Ed.2d 16 (1973). Moreover, the Court reiterated that the Constitution does not compel “a fixed method of choosing state or local officers or representatives.” - U.S. at -, 102 S.Ct. at 2199. See also Sailors v. Board of Education, 387 U.S. 105, 87 S.Ct. 1549, 18 L.Ed.2d 650 (1967) (appointment of county school board
The Rodriguez Court relied on its decision in Valenti v. Rockefeller, 393 U.S. 405, 89 S.Ct. 689, 21 L.Ed.2d 635 (1969), aff’g, 292 F.Supp. 851 (S.D.N.Y. 1968) (three-judge district court), wherein it upheld the authority of the Governor of New York to fill a vacancy in the United States Senate by appointment. In Valenti, the appointee would have held office for over twenty-nine months because the statute at issue required Senatorial vacancy elections to be held at the November election in even-numbered years. 292 F.Supp. at 854-55. The three-judge district court discerned at least three legitimate state interests which might reasonably be furthered by that statute: to preserve local elections (held in odd-numbered years) from the “more party-oriented political currents generated by statewide or national contests”; to ease the financial burden of campaigning in an off-year; and to spare the state the expense and inconvenience of conducting a special election. Id. at 859-60. In conclusion the court viewed the Seventeenth Amendment vacancy provision
Plaintiffs attempt to distinguish Valenti as being based on the Seventeenth Amendment. The Court in Rodriguez, however, expressly adopted the rationale of Valenti:
the fact that the Seventeenth Amendment permits a State, if it chooses, to forgo a special election in favor of a temporary appointment to the United States Senate suggests that a State is not constitutionally prohibited from exercising similar latitude with regard to vacancies in its own legislature. We discern nothing in the Federal Constitution that imposes greater constraints on the Commonwealth of Puerto Rico.
The Commonwealth’s choice to fill legislative vacancies by appointment rather than by a full-scale special election may have some effect on the right of its citizens to elect the members of the Puerto Rico legislature; however, the effect is minimal, and like that in Valenti, it does not fall disproportionately on any discrete group of voters, candidates, or political parties. Moreover, the interim appointment system plainly serves the legitimate purpose of ensuring that vacancies are filled promptly, without necessity of the expense and inconvenience of a special election. The Constitution does not preclude this practical and widely accepted means of addressing an infrequent problem.
- U.S. at -, 102 S.Ct. at 2201 (footnote citation omitted). See also Brennan v. Haines, 455 F.2d 943 (3rd Cir. 1971), cert. denied, 408 U.S. 924, 92 S.Ct. 2495, 33 L.Ed.2d 335 (1972); Kaelin v. Warden, 334 F.Supp. 602 (E.D.Pa. 1971) (three-judge district court).
Rodriguez and Valenti clearly show that section 3-2-7 is not constitutionally infirm. Both decisions sustain the authority to fill vacancies in elective offices by appointment, even though the appointee will hold office for the duration of the term. Here,
Unlike the district court, we do not minimize the importance of the state and municipal interests offered in support of section 3-2-7. Section 3-2-7 is an integral part of Illinois’ new consolidated election scheme, which seeks to lessen voter confusion, increase voter participation, reduce election costs,
As the Court in Rodriguez recognized, states have a legitimate interest in ensuring that governmental processes are not disrupted by vacancies and have wide latitude in devising a method to fill those vacancies promptly. In discounting the interests underlying section 3-2-7, the district court impermissibly substituted its judgment for that of the Illinois legislature.
Reversed.
. The district court shifted the burden of proof to the defendants to show that state or municipal interests in postponing an election outweigh the right to vote. The court also questioned the validity of the assumptions underlying the relevant state and municipal interests.
. The Court found that the statute presented no equal protection problems, at -& n.10, 102 S.Ct. at 2200 & n.10, and plaintiffs here do not challenge section 3-2-7 on that ground.
. In pertinent part the Seventeenth Amendment states: When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
. The district court’s criticism of the mayor’s appointment as unrepresentative and motivated by her own political ambitions is misplaced.
. According to testimony at trial, the City of Chicago could save an estimated $81,000 by conducting the election in the consolidated primary election and the run-off election, if necessary, in the following consolidated election rather than conducting special elections for both. Twenty-three special elections for aider-man were held in Chicago between 1971 and 1980, before the new election law went into effect. Five of those special elections required a run-off election.
Reference
- Full Case Name
- Ulmer D. LYNCH, Reverend Thomas Lee, and Michael Davis, individually and as citizens of the United States and residents and voters of the 17th Ward of the City of Chicago v. ILLINOIS STATE BOARD OF ELECTIONS, and Jane M. Byrne, individually and as Mayor of the City of Chicago, and the City Clerk of the City of Chicago
- Cited By
- 4 cases
- Status
- Published