On January 18, the 7th circuit issued a 12-page opinion in Segovia v U.S., 16-4240. The plaintiffs are U.S. citizens who live in Puerto Rico, the U.S. Virgin Islands, or Guam. They cannot vote absentee in Illinois elections, even though they formerly were residents of Illinois and had been voting there. U.S. law says if they had moved out of Illinois into a foreign country, or American Samoa, or the Northern Mariana Islands, then they could continue to vote absentee in Illinois elections. But both Illinois law and federal law say they can’t continue to vote absentee in Illinois elections if they live in Puerto Rico, the U.S. Virgin Islands, or Guam.
The decision says that Illinois law doesn’t violate equal protection. The reason Illinois law treats residents of American Samoa and the Northern Mariana Islands differently is because it is an old law, written when the Northern Mariana Islands was a United Nations trusteeship instead of a true U.S. possession. The plaintiffs are very likely to appeal to the U.S. Supreme Court, which, for decades now, has rejected all cases involving voting rights for citizens who live in U.S. possessions.
The opinion is by Judge Daniel Manion, a Reagan appointee; and signed by Judges Ilana Rovner, a Bush Sr. appointee, and David Hamilton, an Obama appointee.
Yet another reason to have a LARGE const amdt regarding election stuff — part —
Uniform definition of Elector-Voter in ALL of the USA — including occupied areas.
Why would someone domiciled outside Illinois be permitted to vote for the Illinois legislature? And if so, what is the basis of permitting such persons the right to vote for representative of the state of Illinois to Congress?
Jim, that is a sensible question, until one considers that it is law that someone who left Illinois 50 years ago and moved permanently to Thailand is still permitted to vote in Illinois elections. Do you feel that U.S. citizens who have moved permanently to a foreign country should lose their ability to vote in U.S. elections? That is a plausible position, but it is not current law.
USA citizens *permanently* in foreign regimes should be able to vote in USA elections in DC — Congress/Prez/VP.
Note — such persons still have *allegiance* to the USA regime — ie would be subject to arrest if a war between USA and the foreign regime happens.
See World War 2 — various Axis citizens in USA made prisoners of war.
One more part of a USA Const Amdt having an *uniform* definition of Elector-Voter in the USA regime.
@Richard Winger,
10 ILCS 5/20-2.2 would indicate that such a person is not eligible to vote for the larger chamber of the legislature. So why should they be permitted to vote for representative from Illinois.
If Illinois denies a former resident who moved to Indiana 50 years the right to vote in Illinois, it is not because he can vote in Indiana, but it is because he doesn’t live in Illinois.