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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

WILLIAM MORGAN, ELIZABETH ) 

NORDEN, DAVID VAUGHT, DORIS ) CASE NO. 

DAVENPORT, ANDREA RAILA, ) 

JACKSON PALLER, and the ) 

COMMITTEE FOR THE ILLINOIS ) 

DEMOCRACY AMENDMENT, an ) 

unincorporated political association, ) 

) 

 Plaintiffs, ) 

 ) Honorable Judge 

JESSE WHITE, in his official capacity ) 

as Illinois Secretary of State, DEVON ) 

REID, in his official capacity as the ) 

Evanston City Clerk, KAREN A. ) 

YARBROUGH, in her official capacity ) 

as Cook County Clerk, and WILLIAM ) 

J. CADIGAN, KATHERINE S. O’BRIEN,) 

LAURA K. DONAHUE, CASSANDRA ) 

B. WATSON, WILLIAM R. HAINE, ) 

IAN K. LINNABARY, CHARLES W. ) 

SCHOLZ, WILLIAM M. MCGUFFAGE, ) 

in their official capacities as Board ) 

Members for the Illinois State Board of ) 

Elections, ) 

 ) 

 Defendants. ) 

 

VERIFIED COMPLAINT FOR EMERGENCY DECLARATORY AND INJUNCTIVE 

RELIEF 

 

NATURE OF THE CASE 

1. This is an action to enjoin or modify Illinois petition collection requirements for 

initiative referendums to be placed on the November 3, 2020 general election ballot and 

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to enable and require the Defendants to accommodate the constitutional rights and 

interests of the Plaintiffs and the general public in light of the current public health 

emergency caused by the novel coronavirus and the Governor’s shelter-in-place 

emergency orders. 

2. Under current circumstances, the Plaintiffs and Illinois voters are forced to 

choose between their health and their rights to petition and vote. Reforms and 

modifications to Illinois’ initiative referendum election procedures in light of the 

COVID-19 pandemic are appropriate. 

PARTIES 

3. Plaintiff William Morgan is an Illinois registered voter and the Chairman of the 

Committee for the Illinois Democracy Amendment. Plaintiff Morgan has begun an 

initiative petition drive for a constitutional amendment referendum on the Illinois 

Democracy Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. 

Exhibit 1, Morgan Declaration. 

4. Plaintiff Elizabeth Norden is an Illinois registered voter who wishes to circulate 

an initiative petition for a constitutional amendment referendum on the Illinois 

Democracy Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. 

Exhibit 2, Norden Declaration. 

5. Plaintiff David Vaught is a 72-year-old Illinois registered voter who wishes to 

circulate an initiative petition for a constitutional amendment referendum on the Illinois 

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Democracy Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. 

Exhibit 3, Vaught Declaration. 

6. Plaintiff Doris Davenport is an Illinois registered voter who wishes to circulate 

an initiative petition for a constitutional amendment referendum on the Illinois 

Democracy Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. 

Exhibit 4, Davenport Declaration. 

7. Plaintiff Andrea Raila is a 61-year-old Illinois registered voter who wishes to 

circulate an initiative petition for a constitutional amendment referendum on the Illinois 

Democracy Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. 

Exhibit 5, Raila Declaration. 

8. Plaintiff Jackson Paller is an Illinois registered voter who wishes to circulate an 

initiative petition for a constitutional amendment referendum on the Illinois Democracy 

Amendment pursuant to Article XIV, Section 3 of the Illinois Constitution. Plaintiff 

Paller also wishes to circulate an initiative petition for a local government referendum 

in Evanston, Illinois pursuant to Article VII, Section 11 of the Illinois Constitution. 

Exhibit 6, Paller Declaration. 

9. Plaintiff Committee for the Illinois Democracy Amendment is an unincorporated 

political association registered as a ballot initiative committee with the Illinois State 

Board of Elections. See Exhibit 1, Morgan Declaration. 

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10. Defendant Jesse White is the Illinois Secretary of State who is constitutionally 

authorized to accept filings of petitions for constitutional amendments pursuant to 

Article XIV, Section 3 of the Illinois Constitution.

11. Defendant Devon Reid is the Evanston City Clerk whose office is responsible for 

all matters involving local elections in Evanston, Illinois and is authorized to accept 

filings of local government initiative referendums for Evanston pursuant Article VII, 

Section 11 of Illinois Constitution and to certify those referendums to the Cook County 

Clerk for ballot placement. 

12. Defendant Karen A. Yarbrough is the Cook County Clerk whose office is 

responsible for placing on the election ballot any Article VII initiative referendum 

questions certified by the clerks of suburban Cook County municipalities, including the 

Evanston City Clerk. 

13. Defendants 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, are members of the Illinois State Board of Elections and are 

empowered to enforce and administer Illinois election laws.

JURISDICTION AND VENUE 

14. This Court has jurisdiction over the subject matter of this action by virtue of 

U.S.C. § 1331 (federal question jurisdiction), this being a case arising under the United 

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States Constitution and 42 U.S.C. § 1983; 28 U.S.C. § 2201 (authorizing declaratory 

relief); and 28 U.S.C. § 2202 (authorizing injunctive relief). 

15. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(e) and 1402(a) and 5 

U.S.C. § 703.

FACTUAL BACKGROUND 

16. Article XIV, Section 3 of the Illinois Constitution provides that 

Amendments to Article IV of this Constitution may be proposed by a petition 

signed by a number of electors equal in number to at least eight percent of the 

total votes cast for candidates for Governor in the preceding gubernatorial 

election. Amendments shall be limited to structural and procedural subjects 

contained in Article IV. A petition shall contain the text of the proposed 

amendment and the date of the general election at which the proposed 

amendment is to be submitted, shall have been signed by the petitioning 

electors not more than twenty-four months preceding that general election and 

shall be filed with the Secretary of State at least six months before that general 

election. The procedure for determining the validity and sufficiency of a 

petition shall be provided by law. If the petition is valid and sufficient, the 

proposed amendment shall be submitted to the electors at that general election 

and shall become effective if approved by either three-fifths of those voting on 

the amendment or a majority of those voting in the election. 

17. Article VII, Section 11 of the Illinois Constitution provides that 

(a) Proposals for actions which are authorized by this Article or by law and 

which require approval by referendum may be initiated and submitted to the 

electors by resolution of the governing board of a unit of local government or 

by petition of electors in the manner provided by law. 

 (b) Referenda required by this Article shall be held at general elections, except 

as otherwise provided by law. Questions submitted to referendum shall be 

adopted if approved by a majority of those voting on the question unless a 

different requirement is specified in this Article. 

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18. Article III, Section 3 of the Illinois Constitution provides that “[a]ll elections shall 

be free and equal.” 

19. On May 27, 2019, both houses of the Illinois General Assembly adopted Senate 

Joint Resolution Constitutional Amendment 1, which placed a Constitutional 

Amendment referendum for an amendment known as the “Fair Tax Amendment,” on 

the ballot for the November 3, 2020 general election, pursuant to Article XIV, Section 2 

of the Illinois Constitution. 

20. The deadline for the Illinois General Assembly to place a Constitutional 

Amendment referendum on the ballot, pursuant to Article XIV, Section 2, is May 3, 

2020. 

21. On November 14, 2019, the Illinois General Assembly adopted a resolution 

creating the Illinois Joint Commission on Lobbying and Ethics Reform. This body was 

charged with examining current Illinois legislation regarding ethics, soliciting feedback 

from experts and the general public, and releasing a final report with its review and 

recommendations by no later than March 31, 2020. 

22. Sometime around December 2019, an outbreak of respiratory disease now known 

as COVID-19, or coronavirus, emerged in Wuhan, China. 

23. Since then, the outbreak has spread to the majority of the world, with the United 

States reporting the most cases. 

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24. On February 27, 2020, the Centers for Disease Control issued guidance in 

response to COVID-19 which recommended, among other things, the practice of social 

distancing. 

25. On March 9, 2020, the Governor of Illinois proclaimed the entire state a disaster 

area1 and later banned gatherings of 1,000 people or more and closed all schools, 

restaurants, and bars.2

26. On March 11, 2020, the World Health Organization declared COVID-19 to be a 

global pandemic. 

27. On March 13, 2020, the President of the United States declared a national 

emergency.

28. On March 15, 2020, the Illinois General Assembly suspended session indefinitely 

due to the COVID-19 pandemic. 

29. On March 20, 2020, the Governor of Illinois ordered everyone to shelter at home 

with the exception of “essential” activities and services, and to maintain six foot 

distance from others.3

30. On March 31, 2020, the co-chairs of the Commission on Lobbying and Ethics 

Reform stated that due to the COVID-19 pandemic, the commission would be unable to 

reach the March 31, 2020 deadline and would need more time. 

 

1

 https://www2.illinois.gov/sites/gov/Documents/APPROVED%20- 

%20Coronavirus%20Disaster%20Proc%20WORD.pdf. 

2

 https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-04.aspx. 3

 https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-10.aspx. 

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31. The Governor’s shelter at home and social distancing order is in effect until at 

least April 30, 2020.4 Because of the uncertainty of this health crisis, it is unknown when 

the order will be lifted or when petition passing may resume. 

32. Circulating initiative petitions is not listed as an “essential” activity under the 

Governor’s order. The health crisis coupled with the Governor’s orders makes it 

impossible to gather signatures in Illinois. In addition, gathering signatures during the 

health crisis would endanger the health of the circulators and that of the public at large. 

33. A number of states have taken action to protect the constitutional right to 

petition and vote in the midst of this health crisis. For example, on March 19, 2020, the 

Governor of New Jersey issued an executive order to the Secretary of State to 

implement online petitioning and signature collection.5 On April 2, 2020, Florida’s 

Secretary of State signed an emergency order allowing for the collection of petition 

signatures online.6 Moreover, the Arizona Secretary of State has provided an online 

petitioning mechanism for candidates since 2011.7 On March 14, 2020, the Governor of 

New York issued an executive order reducing the required number of petition 

signatures for all petitions for ballot access to 30% of the state threshold.8 

 

4

 https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-18.aspx 5

 https://www.state.nj.us/state/elections/assets/pdf/candidate/EO-105.pdf 6

 https://dos.myflorida.com/media/702874/1ser20-2.pdf 7

 https://apps.azsos.gov/equal/ 

8

 https://www.governor.ny.gov/news/amid-covid-19-pandemic-governor-cuomo-signs-executive-ordertemporarily-modifying-election 

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34. In order for Plaintiffs’ constitutional amendment referendum to qualify for the 

November 3, 2020 general election, they must submit 363,813 initiative petition 

signatures to the Illinois Secretary of State by May 3, 2020. See Article XIV, Section 3 of 

the Illinois Constitution and Section 28-9 of the Illinois Election Code. 

35. For the Evanston local initiative referendum to qualify, Plaintiff Paller must 

submit 2,800 signatures to the Evanston City Clerk by August 3,,

 2020. See Article VII, 

Section 11 of the Illinois Constitution and Section 28-7 of the Illinois Election Code. 

36. Apart from judicial relief, the Plaintiffs have no way to exercise their right to 

petition and speech without jeopardizing their health and health of the general public. 

COUNT I 

RIGHT TO PETITION AND SPEECH 

37. The allegations contained in all preceding paragraphs are incorporated here by 

reference. 

38. Plaintiffs’ rights to petition and speech are protected by the First Amendment to 

the United States Constitution in conjunction with Article XIV, Section 3, Article VII, 

Section 11, Article III, Section 3 of the Illinois Constitution. Section 28 of the Illinois 

Election Code also requires statewide and local initiative referendum petition sheets to 

contain a sworn and notarized affidavit of the petition circulator that he personally 

witnessed the signatures of all signers of the petition and the notary attesting that he 

witnessed the signature of the circulator. In addition, initiative petition signatures must 

be handwritten by the signer on a paper petition. Finally, the paper initiative petition 

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pages must be bound and filed in one book with the appropriate officer as designated 

by Article VII or Article XIV of the Illinois Constitution. 

39. Under the circumstances, the Illinois petition collection requirements unduly 

burden and violate Plaintiffs’ rights to petition and speech. 

40. A real and actual controversy exists between the parties. 

41. Plaintiffs have no actual remedy at law other than this action. 

42. Plaintiffs are suffering, and will continue to suffer, irreparable harm until they 

obtain relief from this Court. 

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth 

in the prayer for relief below. 

COUNT II 

RIGHT TO EQUAL PROTECTION AND DUE PROCESS 

43. The allegations contained in all preceding paragraphs are incorporated here 

by reference. 

44. Under the present circumstances, Illinois’ petition collection requirements 

unduly burden and violate Plaintiffs’ rights under the Equal Protection Clause of the 

Fourteenth Amendment to the United States Constitution as well as Article I, Section 2, 

Article III, Section 3, Article VII, Section 11, and Article XIV, Section 3 of Illinois 

Constitution. 

45. A real and actual controversy exists between the parties. 

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46. Plaintiffs have no actual remedy at law other than this action. 

47. Plaintiffs are suffering, and will continue to suffer, irreparable harm until 

they obtain relief from this Court. 

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in 

the prayer for relief. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court: 

A. Assume original jurisdiction over this matter; 

B. Issue a temporary restraining order and/or preliminary injunction (i) enjoining or 

modifying enforcement of Illinois' petition collection requirements for initiative 

referendums for Illinois' November 3, 2020 general election; and (ii) enabling and 

requiring the Defendants to allow for petitions to be submitted electronically via 

names of qualified electors collected by an online form to be created by the 

Secretary of State; extend the May 3, 2020 deadline for an Article XIV, Section 3 

referendum to August 3, 2020; and reduce by 50% the number of signatures 

required to qualify statewide and Evanston initiative referendums for the general 

election ballot or some percentage of required signatures necessary to 

demonstrate substantial public support; 

C. Issue a declaratory judgment stating that, in light of the current public health 

emergency caused by the novel coronavirus and executive orders requiring that 

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Illinois citizens stay at home and shelter in place, Illinois' petition collection 

requirements for qualifying Article XIV and Article VII referendums for the 

general election cannot be constitutionally enforced; 

D. Issue a permanent injunction prohibiting enforcement of Illinois' petition 

collection requirements for Article XIV and Article VII referendums for the 

November 3, 2020 general election; 

E. Order Defendants to pay to Plaintiffs their costs and reasonable attorneys’ fees 

under 42 U.S.C. § 1988(b); 

F. Grant such other relief as this Court deems appropriate. 

Respectfully submitted this 7th day of April, 2020. 

 /s/ WILLIAM MORGAN, ET AL., 

John Mauck 

Sorin A. Leahu 

Mauck & Baker, LLC 

1 N. LaSalle Street, Suite 600 

Chicago, IL 60602 

312-726-1243 

Jmauck@mauckbaker.com 

sleahu@mauckbaker.com

Pat Quinn 

216 N. Jefferson #200 

Chicago, IL 60661 

312-485-1852 

Ltg.patquinn@gmail.com

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