207 F. Supp. 3d 841
N.D. Ill.2016Background
- In March 2016 the Cook County and Chicago Republican Parties (GOP) added Section 3 to their bylaws: a vacancy exists in a Republican committeeman office if the committeeman voted in another party’s primary within the prior 8 years.
- Frances Sapone and Sammy Tenuta were elected (unopposed) as Republican ward committeemen in March 2016 but had voted in recent Democratic primaries; the GOP declared their seats vacant under Section 3.
- The GOP excluded Sapone and Tenuta from a April 13 nominating meeting to select the Republican nominee for the 7th Congressional District; ward committeemen present selected Jeffrey Leef.
- Sapone filed an objection to Leef’s nomination arguing she and Tenuta were entitled to notice; the Board’s hearing officer recommended excluding Leef from the ballot, prompting GOP federal litigation and a TRO enjoining Board proceedings.
- The GOP sued under 42 U.S.C. § 1983 asserting First and Fourteenth Amendment violations and sought declaratory relief under the Declaratory Judgment Act; both sides moved for summary judgment and all relevant facts were undisputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GOP’s Section 3 bylaw is protected by the First Amendment freedom of association | GOP: party has right to set qualifications for internal leaders and to exclude nonmembers | Sapone/Tenuta: invalidating Section 3 is required to protect voters/ensure eligibility; state has compelling interests | Held: Section 3 implicates core associational rights; strict scrutiny applies and Section 3 is valid |
| Whether state interests (selection of election judges, filling legislative vacancies) justify invalidating Section 3 | GOP: these state interests are tangential to internal party choices and do not overcome First Amendment | Sapone/Tenuta: those state functions justify regulation of party leadership qualifications | Held: state interests are insufficient to defeat First Amendment protection for internal party governance |
| Whether Illinois Election Code or state case law prohibits or preempts enforcement of Section 3 | GOP: Code does not bar parties from adding membership/qualification conditions; party bylaws govern internal qualifications | Sapone/Tenuta: Election Code terms on committeeman terms/vacancies and party-switch rules control | Held: Illinois law does not forbid the GOP from adopting/enforcing Section 3; federal constitutional protection controls if conflict exists |
| Whether continued Board proceedings against Leef violate Due Process | GOP: Board’s actions violated GOP’s procedural due process rights | Board (bystander here): previously defended its proceedings; Sapone/Tenuta did not fully pursue this on summary judgment | Held: Court reconfirmed earlier finding that further Board proceedings would violate GOP’s due process rights |
Key Cases Cited
- Eu v. San Francisco County Democratic Cent. Comm., 489 U.S. 214 (political parties have First Amendment right to determine internal structure and select leaders)
- California Democratic Party v. Jones, 530 U.S. 567 (states may structure elections but may not unduly regulate parties’ internal nomination processes)
- Timmons v. Twin Cities Area New Party, 520 U.S. 351 (upholding state ban on fusion; distinguishes regulations that do not target internal party governance)
- Tashjian v. Republican Party of Conn., 479 U.S. 208 (Elections Clause does not justify abridgment of associational rights)
- Wilton v. Seven Falls Co., 515 U.S. 277 (Declaratory Judgment Act confers discretionary power to federal courts)
- Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 (declaratory judgment requires a definite, concrete controversy)
- West v. Atkins, 487 U.S. 42 (§ 1983 requires state-action and deprivation of federal rights)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment and standard for genuine issue of material fact)