Dist. Ct. did not abuse its discretion in denying plaintiffs' motion for issuance of preliminary injunction in action seeking to force defendants-City and County officials to place plaintiffs' proposition seeking to establish mayoral term limits on November 2016 ballot. While plaintiffs established colorable 1st Amendment claim, where defendants' rationale for denying plaintiffs' proposition on ballot was fact that, under Illinois Election Code, ballot already had maximum three propositions that had been placed on ballot due to prior City Council resolution, and where plaintiffs could argue that passage of resolution was attempt by defendants to “limit the debate,” Dist. Ct. could properly deny request for preliminary injunction because plaintiffs waited until August 8, 2016 to file petition, even though plaintiffs had been aware of resolution since June 23, 2016, and instant delay created significant harm to public given September, 2016 deadlines for distributing ballot overseas and to individuals seeking to vote by mail. Ct. further noted that plaintiffs would not suffer irreparable harm through denial of preliminary injunction, where plaintiffs would have opportunity to place subject proposition on February 28, 2017 primary ballot, which would be in time to have bearing on April 2017 mayoral election.
Federal 7th Circuit Court
Civil Court
Election Law