(Download) "Bluthardt v. Breslin" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bluthardt v. Breslin
- Author : Supreme Court of Illinois
- Release Date : January 12, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is a direct appeal from an order of the circuit court of Sangamon County, entered on August 12, 1977. The trial court, relying on this court's decision in People ex rel. Rudman v. Rini (1976), 64 Ill.2d 321, declared unconstitutional those portions of section 25-6 of the Election Code which provide the method of appointment to fill vacancies in the General Assembly (Ill. Rev. Stat. 1975, ch. 46, par. 25-6). The trial court also decreed that the appointment of Peg McDonnell Breslin (defendant), as a member of the Illinois House of Representatives of the 80th General Assembly, was invalid and enjoined her from acting as a member. On September 14, 1977, this court stayed the enforcement of the judgment order. On November 2, 1976, defendant was elected to a two-year term to represent the 38th legislative district in the Illinois House of Representatives. On November 29, 1976, a resident and legal voter of the 38th legislative district filed a challenge, claiming that defendant had not been a resident of the legislative district for two years prior to the election. After committee hearings and debate on the floor of the House of Representatives, the House, on June 30, 1977, voted to unseat defendant. The motion to unseat defendant and to declare vacant the seat to which defendant had been elected was passed by a roll call vote of 91-75, with five members voting present. A report, adopted by the House, found that defendant had been a resident of the city of Chicago from October 5, 1970, through December 1975, that she did not reside in the 38th legislative district prior to December 1975, and that she did not, therefore, meet the two-year residency requirement mandated by the 1970 Illinois Constitution (Ill. Const. 1970, art. IV, sec. 2(c)).