Dem Clerk Who Disenfranchised 1300 Military Voters Has a History of Voter Suppressionby Capitol Confidential
Robert Delaney, the Illinois Election Official who refused to mail 1,300 Military Absentee ballots for 14 days beyond the Federal deadline has a history of disenfranchising voters. In 2009 Delaney, an active Democrat, was sued by a group of citizens in St. Clair County who claimed he used his office to disenfranchise hundreds of voters in a predominantly African-American community.
According to the complaint, hundreds of letters were mailed to residents of Alorton, IL. a community with a 97% African-American population. The letters informed the recipients that they had to attend a hearing or their voter registration would be canceled, in addition any voter who had already cast an absentee ballot would have their ballot rejected if they did not attend the hearing. The letters were mailed just two weeks before the April 9, 2009 election. One of the recipients was Kenneth Chatman, a Trustee of the City of Altoron who was up for re-election. Chatman and several other plaintiffs, including elderly and bed-ridden individuals, filed a lawsuit.
On April 3, U.S Magistrate Judge Clifford Proud issued an emergency injunction against Delaney and stopped him from suppressing minority voters.
This year, his target is the members of the military who are fighting for our country. Regarding the current inquiry by the Justice Department into Delaney’s handling of the military ballots he said:
“I really don’t care what the Department of Justice thinks.”
It remains to be seen if the Department of Justice will step in to protect the military voters in Illinois, or if they will continue to protect Democrats who suppress voters.
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH L. CHATMAN,
EVELYN STEWARD, DOROTHY JEAN DODDS, and NANCY SHIREMAN, Plaintiffs, Civil Action No. 09-cv-259-JPG v. ROBERT DELANEY as County Clerk of St. Clair County, Illinois And ST. CLAIR COUNTY, ILLINOIS Defendants. COMPLAINT
PRELIMINARY STATEMENT
1.
This is a civil action seeking injunctive and declaratory relief pursuant to 42 U.S.C. §§ 1973 and 1983 and 28 U.S.C. §§ 2201 et. seq., challenging the nonuniform and unequal voting rights in St. Clair County, Illinois, as violative of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. 2.
This case arises out of a baseless threat by a county official under the color of state to restrict and/or cancel the registration of voters from one city, Alorton, in St. Clair County, Illinois, a predominantly African-American community.
JURISDICTION
3.
Plaintiffs invoke the jurisdiction of this Court under 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4).
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www.courthousenews.comVENUE
4.
Venue is proper in this Court under 28 U.S.C. § 1391(b)(2), in that a substantial part of the events giving rise to the claim arose in this district.
PARTIES A.
Plaintiffs
5.
Plaintiff Kenneth L. Chatman is an individual and registered voter residing in Alorton, Illinois. Plaintiff is an African American, desires to vote and participate in the electoral process on an equal basis with other voters, to have his or her intended votes count, and to insure that equal treatment and fundamental fairness are accorded to all voters in Illinois. 6.
Plaintiff Evelyn Steward is a disabled individual and registered voter residing in Alorton, Illinois. Plaintiff is an African American, desires to vote and participate in the electoral process on an equal basis with other voters, to have his or her intended votes count, and to insure that equal treatment and fundamental fairness are accorded to all voters in Illinois. 7.
Plaintiff Dorothy Jean Dodds is a disabled individual and registered voter residing in Alorton, Illinois. Plaintiff is an African American, desires to vote and participate in the electoral process on an equal basis with other voters, to have his or her intended votes count, and to insure that equal treatment and fundamental fairness are accorded to all voters in Illinois. 8.
Plaintiff Nancy Shireman is an individual and registered voter residing in Alorton, Illinois. Plaintiff is an African American, desires to vote and participate in the electoral process on an equal basis with other voters, to have his or her intended votes count, and to insure that equal treatment and fundamental fairness are accorded to all voters in Illinois.
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Defendants
9.
Defendant Robert Delaney (“Delaney”) is an elected St. Clair County, Illinois official and charged with,
inter alia
, coordinating and maintaining a registered voter list for the County of St. Clair, Illinois. He is sued in his official capacity. 10.
Defendant St. Clair County, Illinois is a governmental entity involved in providing its citizens the opportunity to participate in the electoral process.
PLAINTIFF CLASS ALLEGATIONS
11.
Pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure (“Rule”), plaintiffs bring this action on their own behalf and on behalf of the following classes and subclasses of all persons similarly situated: a.
As demonstrated by Plaintiff Kenneth Chatman, a class of voters in the City of Alorton, St. Clair County, Illinois who are registered to vote as of close of business, March 24, 2009 and intend to vote and received a letter from Robert Delaney. i.
A sub-class of all African-American voters in these same local election jurisdictions. b.
As demonstrated by Evelyn Steward and Dorothy Jean Dodds, a class of voters in the City of Alorton, St. Clair County, Illinois who properly completed and submitted an absentee ballot and later received a letter from Robert Delaney. i.
A sub-class of all African-American voters in these same local election jurisdictions.
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As demonstrated by Nancy Shireman, a class of voters in the City of Alorton, St. Clair County, Illinois who as of April 1, 2009 properly identified themselves and voted early and later received a letter from Robert Delaney. i.
A sub-class of all African-American voters in these same local election jurisdictions. 12.
The plaintiffs classes and sub-class satisfy all of the prerequisites stated in Rule 23(a): a.
Hundreds of letters were mailed to voters who fall into the three different categories or classes. b.
There are questions of law and fact common to the class and the sub-class. The common questions include whether the Fourteenth Amendment and 42 U.S.C. §1973, The Voting Rights Act, are violated by the mailing of the Letter. c.
The claims of the named plaintiffs are typical of the claims of the class: the named plaintiffs reside and are registered to vote in Alorton, Illinois, St. Clair County and are recipients of non-certified Letters from Robert Delaney in his capacity as County Clerk. Also, the claims of the named plaintiffs are typical of the claims of the sub-class: the named plaintiffs are African-Americans. d.
The named plaintiffs will fairly and adequately represent the interests of the class and the sub-class. They have no interests antagonistic to the class or the sub-class. They seek declaratory and injunctive relief on behalf of the entire class and such relief will benefit all members of the class. Finally, they are represented by counsel who are competent and experienced in civil rights and class action litigation.
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The plaintiff class and sub-class satisfy Rule 23(b)(2) because the Defendants have engaged in a course of conduct common to all members of the class and the sub-class, and final declaratory and injunctive relief in favor of the class and the sub-class is therefore appropriate.
FACTUAL BACKGROUND
14.
On or about March 24 - 26, 2009, Robert Delaney (“Delaney”), in his capacity as County Clerk of St. Clair County, Illinois, mailed a letter to Plaintiffs. 15.
The Letter stated that Delaney’s office conducted an inspection which may result in the Letter recipient’s “cancellation of voter registration and/or invalidate a previously submitted absentee ballot to vote in the April 7, Consolidated Election.” 16.
The Letter also demanded that, in order to vote in the April 7
th
election, the recipient must appear and show cause at a hearing held on Wednesday, April 1 or Thursday, April 2, pursuant to a non-existent statute 10 ILCS 5/14-18. 17.
According to the Letter, a failure to appear at the scheduled time would result in a cancellation of the voter registration for the recipient. 18.
Plaintiff Kenneth L. Chatman received a Letter and is a voter representative of those voters who intend to vote in person on April 7, 2009. 19.
Kenneth L. Chatman has lived in the same house for over thirty years and is currently a Trustee of the City of Alorton, Illinois in St. Clair County. He is currently up for re-election. 20.
Evelyn Steward and Dorothy Jean Dodds received the Letter and are voters representative of those voters who have already or intend to cast an absentee ballot.
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Evelyn Steward and Dorothy Jean Dodds are both elderly and disabled. Neither can easily leave their house, choosing instead to vote by absentee ballot. 22.
Dorothy Jean Dodds is bedridden and cannot attend hearings on the whim of Defendants. 23.
Both have voted absentee for the past few years due to their age and disabilities. 24.
Both mailed in and cast their vote absentee for this upcoming election and received the Letter after their submission. 25.
Nancy Shireman received a Letter and is a voter representative of those voters who have already cast their ballot early at the St. Clair County, Illinois Courthouse. 26.
At the time of casting her vote, Nancy Shireman had to evidence her residency by showing appropriate identification. 27.
Plaintiffs are unaware of any other city in St. Clair County, Illinois currently being targeted by Defendants’ Letters. 28.
Unless enjoined by this Court, future elections will be conducted under the nonuniform, unequal, inadequate systems set forth above. 29.
Plaintiffs will suffer irreparable harm as a result Defendants actions. Plaintiffs have no adequate remedy at law.
FIRST CLAIM FOR RELIEF: VIOLATION OF EQUAL PROTECTION INVOKING 42 U.S.C. § 1983
30.
The following inequalities deprive plaintiffs of their rights to the equal protection of the laws guaranteed by the Fourteenth Amendment to the U.S. Constitution: a.
The arbitrary nature of the Letter sent to the residents of Alorton; b.
The Letter’s citation to a non-existent statute;
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The Letter’s proposed action to deprive only a small, African American community of the right to vote in the upcoming April 7, 2009 election unless they attend a show cause hearing; d.
The Letter’s inference that votes already cast in early voting in St. Clair County will not be counted.
SECOND CLAIM FOR RELIEF: VIOLATION OF THE VOTING RIGHTS ACT
31.
The following practices, alone and in combination, have a disparate impact on the rights of African-American voters to have their votes accurately recorded and counted, in violation of 42 U.S.C. §§ 1971,
et seq.
, also known as The Voting Rights Act of 1965: a.
The mailing of the Letter stating that, as part of an intra-office inspection, voter registrations may be cancelled for the April 7, 2009 election unless voters attend a show cause hearing; b.
The mailing of the Letter stating that, as part of an intra-office inspection, previously submitted absentee ballots to vote in the April 7, 2009 election may be cancelled unless voters attend a show cause hearing; c.
The mailing of the Letter suggesting that ballots already cast for the April 7, 2009 election through the early voting process will be cancelled due to a cancellation of voter registration, unless voters attend a show cause hearing; d.
Hundreds of Letters were mailed to the community of Alorton, a community of less than 2% white and over 97% African American population in the 2000 US Census.
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www.courthousenews.com PRAYER FOR RELIEF
WHEREFORE, plaintiffs request the following relief: Entry of a temporary restraining order or, in the alternative, a preliminary injunction, and following a trial on the merits a permanent injunction: a.
Prohibiting the Defendants from restricting any of the citizens of St. Clair County, Illinois who received the aforementioned Letter from voting on April 7, 2009 b.
Prohibiting the Defendants from not counting the votes of those citizens of St. Clair County, Illinois who received the Letter who early or absentee voted. c.
Requiring the Defendants to mail by certified mail a new letter by 5pm, Friday April 3, 2009 to all addressees of the first Letter or any similar letter, explaining that the addressees have a right to vote, their vote will be counted and include a synopsis of the decision of this Court. In the event defendants fail to or are unable to conduct future elections in a manner that complies with Section 2 of the Voting Rights Act and/or the Equal Protection Clause of the U.S. Constitution, entry of an order providing for elections under the Court's supervision that comport with all federal constitutional and statutory requirements. Award plaintiffs the costs of this action together with reasonable attorneys' fees pursuant to 42 U.S.C. § 1973l(e) and 42 U.S.C. § 1988. Enter such other and further relief as deemed appropriate by the Court.
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www.courthousenews.comRespectfully submitted, /s/ JOHN J. DRISCOLL
John J. Driscoll, 6276464
DRISCOLL & CUETO, LLC
211 N. Broadway, Ste. 2440 St. Louis, MO 63102 (314) 932-3232 (314) 932-3233 facsimile Christopher Cueto
DRISCOLL & CUETO, LLC
7110 W. Main St. Belleville, IL 62223 (618)277-1554 (618) 277-0962
Attorneys for Plaintiffs
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