CBA Record January 2019

In Weisberg v. Powell, individually and as Secretary of State,et.al., 417 F. 2d 388 (1969), defendant Paul Powell, primarily responsible overseer for the State of Illinois in with respect to printing ballots and other election func- tions,waschargedwithprintingtheballots.Theunderly- ing lawprovided that position on the ballot for delegate to the constitutional convention would be in the order of filing. For this reason, most of the candidates lined up to file their ballots in person. However, Secretary Powell informed each of the candidates whom he favored to file his or her petition by mail; he then considered all ballots filed by mail to have been filed simultaneously and planned to“exercise his discretion”to“break the ties” so as to elevate the candidates he favored in each voting district to the top position. Candidate BernardWeisberg (later a Federal magistrate judge) brought an action in the Northern District of Illinois alleging violations of constitutional and other rights. The court, although apparently troubled, dis- missed the action, but plaintiff’s counsel immediately filed an appeal. The Court of Appeals provided that in those districts where the Secretary of State had employed the pro- cedure assisting the candidates whom he favored, the candidates would be considered to have filed simultane- ously and the order on the ballot would be determined by a lottery. Plaintiff did place first on the ballot in the district in which he ran, and was an influential and respected delegate.

Discounted Parking Available Near CBA Building CBA members can park for just $9 at the 75 W. Harrison parking garage (enter off Harrison, between Clark and Federal Streets) Monday through Friday for up to 12 hours (enter anytime but must be out by midnight). Just a 6 minute walk fromthe CBABuilding, 321 S. Plymouth Ct., Chicago.The garage is fully heatedwith covered parking and valet service. To receive the discounted rate, enter at 75. W Harrison and push the button at the entry sta- tion. You will receive 3 tickets (one to validate at the CBA for discounted rate, two for the valet attendants). Be sure to take your parking ticket with you for validation in the CBABuilding lobby. Ticket must be validated at the CBA to receive the discounted rate! Upon returning to the garage, hand your valet ticket to the attendant to retrieve your vehicle then insert your validated parking ticket into the pay station. Paywith cash or any major credit card. The pay station will re- turn your paid ticket to you. Once the attendant retrieves your vehicle, insert your paid ticket into the exit station to lift the gate and exit. Monthly parking also available for $260 per month including 24/7 accesswith in and out privi- leges. For more information, call 312/494-9135. NATIONAL PURCHASING PARTNERS The CBAhas partneredwithNational Purchasing Partners (NPP) to offer members discount pric- ing on a variety of products. Employee discounts also available.To learnmore, visit www.mynpp. com or call 800/810-3909.

Letters to the Editor sendyourfeedbackto:publications@chicagobar.org

Ballot Position in Cook County In the November 2018 CBA Record, Albert J. Klumpp’s article on ballot position (“Ballot Position and its Impact on Cook County Judicial Elections:The Early Bird Gets the Term”) brings up statistical and factual analysis. I thought it would be of interest to your readership to call attention to a leading case on the subject which holds as a legal matter that ballot position does indeed affect the results of an election. Moreover, it does so in a case wherein the Illinois Secretary of State was the first-named defendant and the other defendants were all of the elected state officers plus the chair of the Democratic and Republican parties.The case was also of unusual practical significance, because it involved ballot position of delegates to the 1970 Illinois constitutional convention, the convention responsible for the present Illinois Constitution.

Jack Joseph Chicago

Ed: TheletterwriterwasoneoftheattorneysforWeisberg.

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