2019 IL App (1st) 181516
Ill. App. Ct.2021Background:
- In March 2016 the Cook County Republican Party adopted a bylaw (Mar. 9, 2016) declaring a vacancy where an elected/appointed committeeman had voted in another party's primary within the prior eight years.
- Early voting for the March 15, 2016 primary began Feb. 4, 2016; Graves filed nomination papers in Nov. 2015 and won the Republican 19th Ward committeeman race (2,115 of 3,988 votes).
- After the election the Party notified Graves he was ineligible under the new bylaw and the office was vacant; Graves sued for declaratory judgment seeking recognition as duly elected committeeman.
- The circuit court granted Graves declaratory relief, finding the Party’s bylaw revision—adopted during the ongoing election—nullified voters’ rights; the Party’s motion to reconsider was denied.
- The Chicago Republican Party appealed solely as to the denial of reconsideration, arguing the bylaw is protected by the First Amendment associational freedom and that party rules can set committeeman qualifications.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Party’s post‑nomination / mid‑election bylaw invalidated Graves’s election and violated voters’ right to vote | Graves: the bylaw conflicted with the Election Code and, because adopted during an ongoing election and enforced after voting, nullified the voters’ choice | Party: its First Amendment associational right lets it set officer qualifications; strict scrutiny prevents state law from overruling internal bylaws | The bylaw, as adopted during the election and applied after voting, effectively nullified votes; strict scrutiny applies and the timing was not narrowly tailored—declaratory judgment for Graves affirmed |
| Whether the Party’s associational rights bar application of the Election Code to committeemen | Graves: Election Code governs committeemen and protects voters’ selection; party cannot retroactively veto a valid election | Party: committeemen are party officers (private function) and the First Amendment protects internal qualification rules from state interference | Court: committeemen have statutory duties and characteristics that make voters’ selections constitutionally protected; associational interest is compelling but not absolute |
| Whether strict scrutiny governs the dispute and, if so, whether the Party’s interest survives it | Graves: government has compelling interest in protecting suffrage and election integrity; timing here is fatal to the bylaw | Party: its associational interest is compelling and application of the Code to invalidate the bylaw would violate First Amendment | Court: applied strict scrutiny (following Tully), found Party’s interest compelling but the bylaw timing was unnecessary and not least restrictive, so it failed strict scrutiny |
| Whether federal decisions cited by Party (district court decision upholding the bylaw) control | Graves: state court may resolve state-law and timing question; federal case was vacated on appeal | Party: relied on federal district court precedent that protected the bylaw under First Amendment | Court: the district-court decision was vacated by the Seventh Circuit for lack of federal jurisdiction, so it is unpersuasive here |
Key Cases Cited
- Eu v. San Francisco County Democratic Central Committee, 489 U.S. 214 (U.S. 1989) (protects political parties’ associational freedom to choose leaders)
- California Democratic Party v. Jones, 530 U.S. 567 (U.S. 2000) (applying strict scrutiny to burdens on party associational rights)
- Tully v. Edgar, 171 Ill. 2d 297 (Ill. 1996) (Illinois applies strict scrutiny where a law nullifies votes or removes elected officials midterm)
- Cook County Republican Party v. Sapone, 870 F.3d 709 (7th Cir. 2017) (vacated district-court judgment; found lack of federal subject‑matter jurisdiction)
- Cook County Republican Party v. Board of Election Commissioners, 207 F. Supp. 3d 841 (N.D. Ill. 2016) (district court applied associational‑freedom precedent to uphold party bylaw; later vacated on appeal)