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.