Illegal Ballot Amendment Challenge

Summary

Challenging a constitutional amendment due to an illegal ballot in Illinois involves understanding the legal framework, including statutes of limitations and election laws. You can file a lawsuit in the Circuit Court, citing violations of election laws and due process. The Illinois Constitution and statutes require proposed amendments to be published with explanations. If the ballot did not comply, it could be a legal ground for challenge. Direct appeals to the Illinois Supreme Court may be possible under Rule 302(b) for cases of great public importance. Consider consulting with election law attorneys or organizations like the ACLU for guidance.

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what can be done when a Constitution Amendment was passed by the people but the ballot used in the election was illegal? How can this be corrected?

Hi ****! To address an illegal ballot in a constitutional amendment election in Illinois, you can consider the following steps:
- File a Legal Challenge: You can file a lawsuit challenging the legality of the ballot and the election results.
- Contact Election Authorities: Report the issue to the Illinois State Board of Elections.
- Seek Legal Counsel: Consult with an attorney specializing in election law.
Would you like more information on how to file a legal challenge?

What if this was found out 2 years after the election? Is the Amendment legal or can it be removed?

In Illinois, challenging the legality of a constitutional amendment based on an illegal ballot discovered two years after the election is complex. Key points:
- Statute of Limitations: Check if the challenge is within the legal time frame.
- Legal Grounds: You must provide substantial evidence proving the ballot's illegality.
- Court Decision: The court can declare the amendment invalid if the challenge is successful.
Would you like more details on the statute of limitations for such challenges?

Why would there be statutes of limitation on a constitution amendment that will last forever?

Statutes of limitation exist to ensure timely resolution of disputes and to maintain legal certainty. They prevent endless litigation, ensure evidence remains fresh, and provide stability to the legal system. Even for constitutional amendments, timely challenges help maintain order and predictability in law.
Would you like to know the specific statute of limitations for challenging a constitutional amendment in Illinois?

yes

In Illinois, the statute of limitations for challenging election results, including constitutional amendments, can vary. Generally, there is a *-year limit for filing claims related to election fraud or misconduct. Specific timeframes can depend on the nature of the challenge.
Would you like more detailed information on the steps to file a lawsuit or guidance on finding legal counsel?

please pass on information on what is required to file a case. What would the complain be titled?

To file a case challenging a constitutional amendment based on illegal ballots, follow these steps:
- Title of Complaint: "Complaint for Declaratory and Injunctive Relief"
- Required Information:
- Your full name and contact details
- The defendant(s) involved (e.g., election authorities)
- Detailed description of the illegal ballot issue
- Evidence supporting your claim
- Specific legal grounds for the challenge
- Requested relief (e.g., invalidation of the amendment)
Would you like more details on gathering evidence or finding legal counsel?

Declaratory relief after the fact may or may not be adjudicated. How can we guarantee adjudication?

To potentially guarantee adjudication for declaratory relief after the fact:
- Substantial Evidence: Ensure you have strong, clear evidence supporting your claim.
- Timely Filing: Ensure your claim is filed within the statute of limitations.
- Proper Legal Grounds: Clearly establish the legal grounds for your challenge.
- Experienced Legal Counsel: Engage an attorney specializing in election law.
Would you like assistance finding a qualified attorney in Illinois?

What would the legal grounds be if the ballot that was used was illegal? is there a term for this?

In your situation, the legal grounds could include:
- Election Fraud: If there was intentional misconduct.
- Violation of Election Laws: If the ballot did not comply with legal requirements.
- Due Process Violations: If the illegal ballot deprived voters of their rights.
Would you like more details on these legal grounds?

yes on violation of election laws.

To understand better, could you specify what aspect of the ballot you believe was illegal? For instance, was it due to incorrect formatting, unauthorized alterations, or other issues? This will help in providing more detailed guidance on the violation of election laws.

The ballot was supposed to have the text of the proposed amendment on the ballot but it did not. This is call out in the constitution and statues.

In Illinois, if the ballot did not include the text of the proposed amendment as required by the constitution and statutes, this could be a strong legal ground for challenging the amendment. The violation of election laws can be based on:
- Failure to Comply with Constitutional Requirements: The Illinois Constitution and statutes likely mandate that the text of proposed amendments be included on the ballot.
- Voter Deception: Voters were not fully informed about what they were voting on, which could be considered a due process violation.
Would you like more detailed information on these legal grounds or assistance with finding legal counsel?

Is this what Illinois Constitution requires under Article XIV Section * ?

Article XIV, Section * of the Illinois Constitution outlines the process for proposing and ratifying constitutional amendments. Generally, it requires that the full text of the proposed amendment be published and available to voters.
Would you like more detailed information on this or further assistance with your legal challenge?

Here is the text...SECTION *. AMENDMENTS BY GENERAL ASSEMBLY (a) Amendments to this Constitution may be initiated in either house of the General Assembly. Amendments shall be read in full on three different days in each house and reproduced before the vote is taken on final passage. Amendments approved by the vote of three-fifths of the members elected to each house shall be submitted to the electors at the general election next occurring at least six months after such legislative approval, unless withdrawn by a vote of a majority of the members elected to each house.

Yes, the Illinois Constitution under Article XIV, Section * requires that amendments proposed by the General Assembly be published with explanations at least one month before the vote and that the vote on the proposed amendment be on a separate ballot.
Would you like more detailed guidance on how to proceed with your legal challenge based on this violation?

is it supposed to be on the ballot also?

Case Rating: *
Yes, the Illinois Constitution requires proposed amendments to be published with explanations at least one month before the vote and the vote on the proposed amendment to be on a separate ballot. If the text of the amendment was not included on the ballot as required, this could be a significant legal ground for challenging the amendment.
Would you like assistance on how to gather evidence for your case or finding legal counsel to help you file this challenge?

Is the text of the proposed amendment supposed to be on the ballot for the voter to read before voting on it

In Illinois, the text of the proposed amendment itself is not necessarily required to be on the ballot; however, it must be published with explanations at least one month before the vote. The ballot should clearly indicate the amendment question.
Would you like more information on the publication requirements or assistance with your legal challenge?

The legislators interpreted and clarified that language at wrote the following statue (* ILCS */*) (from Ch. *, par. *) Sec. *. At the election, the proposed amendment and explanation shall be printed on the top of the "Official Ballot" preceding all nominations of any political party upon a single ballot in accordance with the provisions of Section *-* of the Election Code.

Given the statute (* ILCS */*) that specifies the proposed amendment and explanation must be printed on the ballot, you have a strong basis to challenge the amendment if this requirement was not met.
Would you like assistance with drafting your complaint or finding a qualified attorney in Illinois?

yes assistance writing the complaint please.

To assist you with drafting your complaint, here is a general outline for your "Complaint for Declaratory and Injunctive Relief":

Complaint for Declaratory and Injunctive Relief

*. Introduction
- Plaintiff: **** [Last Name], residing at [Your Address].
- Defendant(s): Illinois State Board of Elections, [Other relevant parties].

*. Jurisdiction and Venue
- State why the court has jurisdiction over the parties and the subject matter.

*. Background
- Amendment Details: Provide details of the constitutional amendment in question.
- Election Date: Specify the date of the election when the amendment was passed.

*. Facts
- Ballot Issue: State that the ballot used did not include the text of the proposed amendment and explanation as required by (* ILCS */*).
- Constitutional Requirements: Cite Article XIV, Section * of the Illinois Constitution.
- Statutory Requirements: Reference the specific statute (* ILCS */*).
- Publication Requirement: Mention the failure to publish the amendment with explanations as required.

Sure, here’s more detail on the "Introduction" section of your complaint:

Introduction:
- Overview: Briefly introduce yourself and describe the nature of your complaint.
- Purpose: Clearly state that you are challenging the legality of a constitutional amendment based on the use of an illegal ballot during the election.
- Summary: Provide a concise summary of the issue, including the date of the election, the specific amendment in question, and the alleged violation (e.g., failure to include the amendment text on the ballot as required by law).
Would you like to proceed with more detailed guidance on another section or help with finding legal counsel to review your draft?

The nature of the complaint...

Sure, here is a more detailed outline for the "Introduction" section of your complaint:

Introduction
*. Identify Yourself: State your full name and any relevant background information that establishes your standing in the case (e.g., a registered voter in the relevant district).
*. Nature of the Complaint: Explain briefly why you are bringing this complaint. For example:
- "This complaint is brought to challenge the legality of the ballot used in the election held on [date], in which the proposed constitutional amendment was voted on. The ballot failed to include the text of the proposed amendment and its explanation as required by Illinois statute (* ILCS */*) and the Illinois Constitution, Article XIV, Section *."
*. Purpose: State what you aim to achieve with this complaint. For example:
- "The purpose of this complaint is to seek declaratory and injunctive relief, including the invalidation of the constitutional amendment passed in the aforementioned election due to the illegal ballot used."
Would you like assistance with any other section of your complaint or more details on finding an attorney to review your draft?

What grounds would the court have to dismiss this. The election was held on */*/*.

The court might dismiss your case on the following grounds:
- Statute of Limitations: If you file the complaint after the legal time frame (generally 5 years in Illinois).
- Lack of Standing: If you cannot prove direct harm from the illegal ballot.
- Insufficient Evidence: If you lack substantial evidence proving the ballot's illegality.
Would you like more details on how to strengthen your case?

What would overcome lack of stand for harm? When every citizen was not given a legal ballot.

To overcome the hurdle of lack of standing for harm, consider the following:
- Demonstrate Widespread Harm: Argue that the illegal ballot broadly impacted voters' rights, undermining the integrity of the election process.
- Public Interest: Highlight the significant public interest in ensuring lawful elections.
- Specific Harm: Identify any specific harm you or others experienced due to the illegal ballot.
Would you like more details on demonstrating standing or assistance with finding a legal expert?

What "Harm" could be included?\

To establish standing and show harm, you can argue the following points:
- Voter Deception: The illegal ballot deprived voters of the opportunity to make an informed decision.
- Invalid Election Results: The election outcome was based on a flawed process, affecting the amendment's legitimacy.
- Violation of Rights: Your right to a fair voting process was breached.
Would you like more detailed guidance on any of these points?

yes on violation of rights.

To establish a violation of rights due to the illegal ballot, consider these points:
- Right to Informed Voting: Argue that voters were deprived of necessary information to make an informed decision, violating their right to a transparent electoral process.
- Due Process Violation: Emphasize that the failure to include the amendment text and explanation on the ballot deprived voters of their procedural due process rights.
- Equal Protection Violation: Highlight that all voters were affected uniformly by this violation, undermining the equal protection clause.
Would you like assistance in drafting this specific section for your complaint?

yes

Here's a detailed outline for the "Violation of Rights" section of your complaint:

~Violation of Rights
*. Right to Informed Voting:
- Voters were deprived of necessary information to make an informed decision.
- The ballot failed to include the text and explanation of the proposed amendment, which is required by law.
- This omission prevented voters from fully understanding what they were voting on, leading to a lack of transparency in the electoral process.
*. Due Process Violation:
- The failure to include the amendment text and explanation on the ballot deprived voters of their procedural due process rights.
- The Illinois Constitution and statutes mandate that voters receive complete information about proposed amendments to ensure a fair voting process.
- The illegal ballot compromised the integrity of the election, violating procedural due process guarantees.
*. Equal Protection Violation:
- The illegal ballot affected all voters uniformly, undermining the equal protection clause.
- Every voter was subjected to the same flawed process, leading to a collective violation of their rights.
- The equal protection clause ensures that all voters are treated equally under the law, which was not upheld in this case.
Would you like more assistance with drafting other sectionsof your complaint or finding a qualified attorney to review your draft?

being such an important decision would it be best to go directly to the Illinois Supreme Court?

For a case involving an illegal ballot used in a constitutional amendment election in Illinois, you would generally start by filing your complaint in the Circuit Court. The Illinois Supreme Court would typically hear the case on appeal if necessary, rather than as an initial filing.
Would you like more detailed guidance on drafting the specific section about the violation of rights?

This is about overturning the Illinois Constitution. Rather than going to a circuit court would it be better to go directly to the Supreme Court?

Generally, legal challenges start at the circuit court level, even for significant constitutional issues. The Illinois Supreme Court usually hears cases on appeal. However, in exceptional cases, you may request the Supreme Court to directly take jurisdiction through a “motion for direct appeal.”
Would you like more information on filing a motion for direct appeal to the Illinois Supreme Court?

yes

Case Rating: *
You can request the Illinois Supreme Court to directly take jurisdiction through a "motion for direct appeal." Here’s how to draft the specific section about the violation of rights:

Violation of Rights Section:
*. Right to Informed Voting:
- Argue that the omission of the amendment text and explanation deprived voters of necessary information to make an informed decision, violating their right to a transparent electoral process.
*. Due Process Violation:
- Emphasize that the failure to include mandatory information on the ballot deprived voters of their procedural due process rights under the Illinois Constitution.
*. Equal Protection Violation:
- Highlight that all voters were uniformly affected by this violation, undermining the equal protection clause.

Motion for Direct Appeal:
*. Caption:
- Include court name, case number (if known), and names of the parties.
*. Introduction:
- Briefly state who you are and the urgent nature of the complaint.
*. Jurisdiction:
- Explain why the Illinois Supreme Court should take direct jurisdiction due to the significant constitutional implications.
*. Facts:
- Detail the facts of the case, including the illegal ballot issue.
*. Legal Grounds:
- Cite the specific statutes and constitutional provisions violated (e.g., Article XIV, Section * and * ILCS */*).
*. Claims:
- State your legal claims (e.g., violation of election laws).
*. Relief Sought:
- Specify the relief you seek, such as invalidation of the amendment.
*. Argument for Direct Appeal:
- Argue that the issue's significance and urgency justify the Supreme Court's direct intervention.
Would you like more detailed guidance on any specific section or finding a qualified attorney to review your draft?

Is there a statute or an Illinois supreme court rule that furnishes jurisdictional access.

Yes, in Illinois, the Supreme Court Rule *(b) allows for direct appeals to the Illinois Supreme Court in cases of great public importance.

~Illinois Supreme Court~
Phone: (*) *-*
Website: www.illinoiscourts.gov

Would you like more details on how to file this motion for direct appeal?

Would challenging the Constitution Amendment considered a case of great importance?

Yes, challenging a constitutional amendment could be considered a case of great public importance, especially if it involves significant legal and procedural violations. This could potentially qualify for direct appeal under Illinois Supreme Court Rule *(b).
Would you like detailed guidance on drafting and filing the motion for direct appeal to the Illinois Supreme Court?

yes please supply guidance for a draft complaint.

Here is a general outline to guide you in drafting your complaint and motion for direct appeal:

Draft Complaint for Declaratory and Injunctive Relief
*. Caption
- Court Name: Illinois Supreme Court
- Case Number: [To be assigned]
- Title: "**** [Last Name], Plaintiff, vs. [Defendant(s)], Defendants."
*. Introduction
- State your full name and your standing as a registered voter in Illinois.
- Briefly explain the nature of your complaint, focusing on the illegal ballot used in the election held on */*/*.
- State that you seek declaratory and injunctive relief to invalidate the constitutional amendment passed in the election.
*. Jurisdiction and Venue
- Explain that the Illinois Supreme Court has jurisdiction under Rule *(b) due to the case's great public importance.
- State that venue is appropriate as the events occurred in Illinois.
*. Parties
- Identify yourself as the Plaintiff.
- Identify the Defendants (e.g., Illinois State Board of Elections, other relevant election authorities).
*. Facts
- Detail the timeline and events of the election, including the

Please supply draft of possible complaint. TY

Draft Complaint for Declaratory and Injunctive Relief
Caption:
IN THE CIRCUIT COURT OF [APPROPRIATE COUNTY] COUNTY, ILLINOIS
[Your Name], Plaintiff,
v.
[Defendant(s) - e.g., Illinois State Board of Elections], Defendants.
Introduction:
*. Identify Yourself: My name is **** [Last Name], a registered voter in [County], Illinois.
*. Nature of the Complaint: This complaint is brought to challenge the legality of the ballot used in the election held on November *, *. The ballot failed to include the text of the proposed constitutional amendment and its explanation as required by Illinois statute (* ILCS */*) and the Illinois Constitution, Article XIV, Section *.
*. Purpose: The purpose of this complaint is to seek declaratory and injunctive relief, including the invalidation of the constitutional amendment passed in the aforementioned election due to the illegal ballot used.
Jurisdiction and Venue:
*. Jurisdiction: This Court has jurisdiction under the Illinois Constitution and relevant state statutes, as this case involves a violation of election laws that impact state-wide governance.
*. Venueis appropriate in this county as the election and its results have a direct and significant impact on its residents.
Parties:
*. Plaintiff: **** [Last Name], a registered voter residing in [County], Illinois.
*. Defendants: Illinois State Board of Elections, and any other relevant election authorities responsible for the administration of the election.
Facts:
*. On November *, *, an election was held to vote on a proposed amendment to the Illinois Constitution.
*. The ballot used in this election did not include the text of the proposed amendment and its explanation, contrary to the requirements set forth in the Illinois Constitution, Article XIV, Section *, and Illinois statute (* ILCS */*).
*. The Illinois Constitution mandates that proposed amendments be published with explanations at least one month before the vote and that the vote on the proposed amendment be on a separate ballot.
*. Illinois statute (* ILCS */*) specifically requires that the proposed amendment and explanation be printed on the top of the "Official Ballot."
Legal Grounds:
*. Violation of Election Laws:** The failure to include the text of the proposed amendment and its explanation on the ballot violated Illinois statute (*

Section * was not completed, please finish it and any more that was not included in the last draft.

Sure, here's the continuation and completion of your draft complaint:
*. Violation of Election Laws: The failure to include the text of the proposed amendment and its explanation on the ballot violated Illinois statute (* ILCS */*) and the Illinois Constitution, Article XIV, Section *.
Claims:
*. First Claim - Violation of Election Laws: The defendants failed to comply with the statutory and constitutional requirements for including the text and explanation of the proposed amendment on the ballot, leading to an illegal and invalid election process.
*. Second Claim - Voter Deception: The omission of the text and explanation of the proposed amendment from the ballot deprived voters of necessary information to make an informed decision, thus violating their right to a transparent and fair electoral process.
*. Third Claim - Due Process Violation: The failure to provide the required information on the ballot deprived the plaintiff and other voters of their procedural due process rights.
*. Fourth Claim - Equal Protection Violation: The illegal ballot affected all voters uniformly, undermining the equal protection clause and the uniform application of election laws.
Prayer for Relief:
*. The plaintiff requests the following relief:
- A declaration that the ballot used inthe election held on November *, *, was illegal due to non-compliance with statutory and constitutional requirements.
- An injunction preventing the enforcement of the constitutional amendment passed in the aforementioned election.
- An order for a new election to be held with a legal and compliant ballot.
- Any other relief deemed appropriate by the Court.
Conclusion:
*. The plaintiff respectfully requests this Court to grant the relief sought and any other relief that the Court deems just and proper.
Signature Block:
*. Dated this [Date].
*. Respectfully submitted,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
Would you like more detailed guidance on any other section or assistance in finding a qualified attorney to review your draft?

Looking for an attorney that might help fight this issue in Illinois.

To find an attorney specializing in election law in Illinois, you could consider contacting the Illinois State Bar Association for recommendations. Here is the contact information:

~Illinois State Bar Association~
Phone: (*) *-*
Website: www.isba.org

Would you like more information on how to contact the Bar Association or any other assistance?

Start the list with Pro Bono attorneys.....

Sure, here are some options for legal assistance in Illinois, including pro bono attorneys:

~Illinois Legal Aid Online
Provides free legal information, resources, and referrals.
Phone: (*) *-*
Website: www.illinoislegalaid.org

~Chicago Volunteer Legal Services
Offers free legal services to low-income individuals.
Phone: (*) *-*
Website: www.cvls.org

~Legal Assistance Foundation of Metropolitan Chicago
Provides free civil legal services to low-income people.
Phone: (*) *-*
Website: www.lafchicago.org

Would you like more assistance or additional resources?

Any foundations or organizations that would be considered to contact that help citizens get the state to follow the rule of law?

Here are some foundations and organizations that help ensure the state follows the rule of law:
- American Civil Liberties Union (ACLU) of Illinois
- Phone: (*) *-*
- Website: www.aclu-il.org
- Better Government Association
- Phone: (*) *-*
- Website: www.bettergov.org
- League of Women Voters of Illinois
- Phone: (*) *-*
- Website: www.lwvil.org
Would you like more information on any of these organizations?

yes please do.

~American Civil Liberties Union (ACLU) of Illinois
Phone: (*) *-*
Website: www.aclu-il.org

~Better Government Association
Phone: (*) *-*
Website: www.bettergov.org

~League of Women Voters of Illinois
Phone: (*) *-*
Website: www.lwvil.org
Would you like detailed guidance on how to approach these organizations or any other assistance?

Illegal Ballot Amendment Challenge

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