Seventh Circuit Rejects Votes Cast for Ineligible Candidate

On June 23, the 7th circuit rejected a claim by some Chicago voters that their votes should have been counted in the February 2007 election for Alderman.  They voted for Ambrosio Medrano, who was on the ballot for this non-partisan office.  However, the State Supreme Court had ruled four days before the election that Medrano was not eligible because he was an ex-felon, and Illinois election law does not permit ex-felons to hold elective municipal office.

Because it was too late to remove Medrano’s name from the ballot, election officials posted signs saying votes for Medrano would not be counted.  Actually, though, his votes were counted.  He received 178 votes.  A month after the election, the voter-plaintiffs filed a lawsuit in federal court.  It isn’t clear what relief they were seeking, except apparently to have the 178 votes recorded in the official election returns.  The 7th circuit decision is only six pages and does not discuss whether the U.S. Constitution has any bearing on the issue.  It essentially says the State Courts had already ruled.  It implies, but does not say, that voters have no right to vote for a candidate who is not eligible to hold the office.  The case is Parra v Neal, 09-1404.  The oral argument had been over one year ago, on June 5, 2009.


Comments

Seventh Circuit Rejects Votes Cast for Ineligible Candidate — 2 Comments

  1. 14 Amdt, Sec. 2 arises again from the dead.

    Obvious difference between a vote for a person and the legal effect of such vote.

    I.E. ZERO effect if the person is NOT qualified to be elected to the office involved.

    One more MORON case among many and many.

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