In the United States District Court for the Northern District of Illinois Eastern Division
Case: 1:20-cv-02791 Document #: 1 Filed: 05/08/20 Page 1 of 28 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Fight Back Fund; International Union ) of Operating Engineers, Local 150, ) AFL-CIO; and, James M. Sweeney, ) ) Plaintiffs, ) Case No. ) v. ) Judge: ) Magistrate Judge: Illinois State Board of Elections; ) William J. Cadigan, Katherine S. O’Brien, ) Laura K. Donahue, Cassandra B. Watson, ) William R. Haine, Ian K. Linnabary, ) Charles W. Scholz, and ) William M. McGuffage, in their official ) capacities as Board Members for the Illinois ) State Board of Elections; and, ) Jesse White, in his official capacity as ) Illinois Secretary of State, ) ) Defendants. ) VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Count I Violation of Free Speech Under First Amendment to the United States Constitution Introduction This is an action to declare unconstitutional, enjoin and/or modify the requirement contained in Article XIV, Section 2, of the Illinois Constitution which requires that proposed amendments to the Illinois Constitution be passed by the legislature at least six months prior to the next general election. This case is an emergency in light of the current public health crisis caused by the novel coronavirus, which resulted in the Governor’s emergency orders effectively shutting down the State. Consequently, the General Assembly cancelled sessions in both the House and the Senate from March 18, 2020, through at least May 3, 2020. Case: 1:20-cv-02791 Document #: 1 Filed: 05/08/20 Page 2 of 28 PageID #:2 Accordingly, Plaintiffs Fight Back Fund, James M. Sweeney, and the International Union of Operating Engineers, Local 150, AFL-CIO, hereby file suit against the Illinois State Board of Elections; William J.
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