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^IMARIANNE LALONDE,
Petitioner,
V. Case No.
Respondents.
Pursuant to 65 ILCS 20/21-27, please take notice that the attached Verified Election Contest
Petition was filed with the Clerk ofthe Circuit Court of Cook County on Monday April 8,2019, a copy of
which is hereby served on you.
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a copy of the attached Verified Election Contest
Petition was served upon the parties referended on the attached service list via personal delivery and
service of process through the Cook County Sheriff on Monday, April 8, 201'
21
Ed Mullen (Atty. No. 44423)
Bucktown Law
2129 N. Western Ave.
Chicago, IL 60647
312-508-9433
ed_mullen@mac.com
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SERVICE LIST
2019COEL000031
No.. Calendar,6
Oefimdaitc/RBqiondent
COUNTYDIVISION ACTION COVERSHEET
A C^ty Division Acdon Cower Sheetshall be filed widt the complaintin all dvU acrioii&. Htg infermQrio.^ fffa.
adminisaathmpuiposes and cannor be incvodiioed Into evidence. Fleantselea dieaimropnafeenentl cat^iy and then tbe
subcat^oiy tfacfeunder,^appliotUe* that best dbaiacterizea your acdon.
MEMTAT.URAfTH Mtr^rRBTiPJir^ Actxoiis ichuiiig to CoJfoceois Ai^dicidmi for Jutlgment and Older
of Sale (35 ILCS 200/21-175)
Q0003 Rtitioii forInvohmaiy0)iniiunncnt/ljreannent
□ 0012 AnnoallaxSale
under Afontal Healdi&Devdopniental DlsafaUltis Code □ 0013 Scavenger Hue Sak
(Mema!Keahb d05 ILCS 5/1-100 etseq.) □ 0045 Cerdfieates of Error
Jury Demand Qlfis QNo □ 0042 Pedtion to Vacate lax Sale
Q 0011 Fniilofi for \)CUt ofHabeas Coiptis □ 0051 Real Estate Isuc Refund
□ 0010 Betldon to review eeoQtds of treatment undar tbe □ 0040 %edal Assessment
Mental Health fe r>eBglnpmi.n«a1 ninaKilitt^ Codf
(Mental Health 405IICS 5/1-100 er soq.) ^y^OWM^TlTFifft
AnoPTinwPPnnainivrie.
□ 0021 Review ofActions of an Electoral Boaid (10 RCS 5/10-
10.1)
Petition for Adaption (750ILCS 50/1 etseq.) 80022 Election Contest as andtorited under Aitidc 23 of the
□ 0001 Petitiotter(s) related to adoptee Election Code (10 RCS 5/23-1 etseq.)
Q 0006 Bsdtioiieriiot related to adoptee □ 0023 Pedtion seeldng the appointment ofapubhc member to
□ 0007Adult adoption an deetoial boaid.
Q 0029 Petitfon to EitaUidi Pbtatlve Puher □ Oriwi- 3
(750 ILCS 50/12a) OTHER ATTTOrog. |
Q 0002 Petition for Appointment of a Confidendai Iniermediaiy □ 0014 Acdon bsoii^ht under the Emancipadon of Mlnois Act
(750 ILCS 50/183^1 (750 RCS 30/1 etseq.)
□ 0034Actkm biou^t untfor die Abandoned New Bora fofant □ 0015 Peddimseddi^ judicial ^psoval of an underage matiiage
Aa (325 ILCS 2/1 etseq.) (750 RiCS 5/208 etseq.)
DOihen
□ 0037ActxoabtDught under the Esmy and Lose PiopetiyAa
REAL ESTATE TAY MATTRIIA* (765 RCS 1020/0.01 etseq.)
Q 0(01 Actions to Collect Uqiaid Tax/lax &k Bid □ 0073 Peddon to ocdhsa Estate "fox
O 0041 Adminiaimttve Review ofDecision of the PmpettylVif D 0038 Bwtrfnw AntMnraAm frt a laxillgbody
Appeal Boaid (35 ILCS 200/16-195) □ (N09 Petithm seddi^ Disconnection fiom a tanng body
□ laxOfaleciion CompIalntB (35 RCS 200/23-15)
Q 0024Valuation Complaint pexsoss mfocted with a contagious disease (20 RCS
□ 0Q2S lax Rite Gomphittt 2305/2)
□ (X03 Action SeeldiigPajmient fiom the Inifcmnity fimd Q 0017 Actfonoonoeralngthei^ieradonc^DEainageDistticts
(35 ILCS 200/21-305) (70 RCS 605/1-1 etseq.)
□ 0026 Peddon forTax Deed ^ Related Pmceedlnpt (tnAtdfag □ 0010 Actfon biDt^r tmder Ardde 14 td'the School Code
pettdons brou^ tmder735 RCS 5/2-1401) (105 RCS 5/14-1 etseq.)
Q 0027 Pedtlou to EjqKuige Redempdon □ 0046 Qvil Asset Foifchuie
□ 0028 Peddon for Relief Rior to Hlingt^fbdtionforTax Deed □ 00^ Betttton to Chai^ Nune
□ 0047 AdmitusiiatlvcHliiig (Mechanic lien)
Hcaiii^ Date on Rdte Nistioe □ (X05 (aestadonal&noguy
Calfndar 8,9r30 Q 0075 Ddayed Recoid of Bhth
Q 0074 Child ofAsdstedRepnxhictfon
□ Odten
Petitioner,
V.
Case No.
Respondents.
Petitioner Mananne Lalonde hereby her Verified Election Contest Petition pursuant
to 65ILCS 20/21-27 and Article 23 ofthe Illinois Election Code contesting the results ofthe
election for the ofGce ofAlderman ofthe 46^ Ward ofthe City of Chicago that was voted
at the April 2,2019 Chicago Municipal RunoffElection. Lalonde further seeks a dpiKlflmtiCTi that
65 ILCS 20/21-27 is unconstitutional.
INTRODUCTION
1. Petitioner Marianne Lalonde files this election contest Petition within 5 days of
the April 2,2019 runoffelection as required by 65ILCS 20/21-27 deqiite the fact that:(1)some
vote by mail ballots remain to be counted,(2) valid j^visional ballots have not yet been
counted,(3)the statutoiy 5% audit has not yet been conducted,(5)the winner ofthe election has
not yet been proclaimed by the election authority,and(6)a discoveiy recount has not yet been
conducted.
2. Atfte time offiling this Petition, in the mnoffelection fi)t the ofifice ofAldennan
ofthe 46® WaidSlhe Qty ofChicago,Prtitioner Marianne Lalonde has 7,014 votes and T<»m«
C^q)lemai has 7,037 votes, a 23-yote margin See Exh. A.
3. This Petition is based on the infonnadon currently availabie as ofthe date of
filing without the benefit ofinformation that may be obtained through the statutory 5% audit
and/or through a discovery recount, and it is subject to amendment upon further discovery. See
Evans v. Preckwinkle,259 111. App.3d 187,636 NJB.2d 730(1«» Dist. 1994); O'Neal v. Shaw,
248 m.App.3d 632,618 NJE.2d 780(1« Dist 1993).
4. Venue in this Court is i^ropriale under 735ILCS 5/2-101 because all ofthe
parties reside in Cook County,Illinois and the runoffelection occurred in Cook County,and this
Court hasjurisdiction pursuant to 65ILCS 20/21-27 and Article 23 ofthe Illinois Election Code.
PARTIES
9. Petitioner Lalonde voted in the runoffelection for the oflSce ofAlderman ofthe
46^ Ward ofthe City ofChicago,and her campaign had staffand volunteers observing Election
Day procedures and activities at polling places throughout the 46^^ Ward.As set forth more fully
below,in good faith and based on reasonable inquiry which continues,Lalonde is informed and
believes, and therefore alleges,that mistakes and fiaud have been committed in the voting and
canvassing ofballots in the 46^ Ward.Lalonde further alleges that these mijitftlrftfi and fraud are
the cause ofCappleman's current 23-vote lead and thatifthe Court remedies the fraud and
mistakes, Labnde will have more valid votes and will win the election for the office of
Alderman ofthe 4ti^ Ward ofthe City of Chicago at the April 2,2019runoffelection.
10. Lalonde alleges that the authentication process used by tiie Board to verify
signatures on vote by mail ballots violates the Illinois Election Code and has resulted in a
mat^ial number ofvote by mail ballots m fovor ofLalonde not being counted,in particularfor
vote by mail ballots processed on Friday,April 5,2019.
11. Lalonde frirther alleges that several voters placed their vote by mail ballot for
Lalonde in tiie mail on or before April 2,2019,but tiie ballots were rejected based on timeliness.
These ballots ^uld be counted in favor ofLalonde.
12. On mformation and belief the Cappleman campaign ftngngftH in pervasive ill^al
electioneering that caused voters vdio ofoawise might not have voted for Cqjpleman to vote for
him. C^pleman's vote totals diould be reduced to reflect the impact ofC^leman's illegal
electioneermg, particularly among vulnerable populations ofthe elderly and mentally ill. In
particular, C^pleman personally electioneered during voting at die Alden-Lakeland Rehab
Center, bringing cupcakes with him that were in a box labeled "Team Cqq)leman".
13. On mibrmation and beli^ at least one representative ofthe Ctypleman rampaign
ofieied voters a cigarette in exdiange for voting in fevor ofC^leman,and those votes should
be subtracted from Cq[>pleman's totaL
14. On mformation and belief Karra Shirl^,a Cappleman supporter, voted in the
46®* Ward with die registration address of4426 N.Magnolia althou^ she moved out ofthe
Ward months before the election and was not a legal voter in the 46^ Ward.This vote should be
subtracted flom Ci^leman*s total
15. During tite obvious discrepancy review,the Board added ^roximately 50 votes
to Cappleman*s total from early voting touch screen and based on Lalonde's
evaluation,these votes were inqnoperiy added to Cappleman's total and should be subtracted.
16. On mformation and beliei^ in the 20'*' precinct,at least one voter who for
assistance was improperly influenced to vote for C^leman by Mary GilL These votes should
be subtracted flom O^leman's totaL
17. On information and beliei^ voters Michael Butler,Jason Makar and Jaquise
Brown timely applied for vote by mail ballots but did notreceive them until April 3,2019,and
they would have voted for Lalonde ifthey received their vote by mail ballots within the
statutorily required time.These votes should be added to Lalonde*s total.
4
18. On infoimation and belief a significant number ofvoters are illegally registered
to vo&r^business addresses where diey do notreside,and their votes should not be counted,
resulting in a proportional reduction ofvotes in the precincts in whidith^ voted:
McSpaddoi Edward
Agaoglu Selma
Said Mohammad
Said Mohammed
Balogun-Obayemi Comfort
Shamsher Haameem
Yagmur Nuseybe
Rirther Brian
HeUer Adrien
Kozak Mitdiell
Currie Desiiee
Casewh Jane
Lalov Vasil
Debleyzer Brian
Mitchell Michael
Payne Alec
Casewit Stqihoi
19. A voter transposed the street number in his address on his provisional ballot(941
vs. 914),and that provisional ballot wasimproperly rejected and ^ould be counted. Lalonde
believes that vote is for her.
21. On information and belief, a voter who intended to vote for Lalonde was
uiq)roperly turned away in precinct22and not allowed to vote aprovisional ballot That vote
should be counted for Lalonde.
22. On information and beliel^ ^proximately seven voters who went to the Truman
College polling place(prednct 25)to vote were told th^r were in the wrong prednct but they
were not given provisional ballots to be allowed to vote. The vote totals should be adjusted
proportionally to account for these votes.
23. When die vote totals adjusted for the mistakes and fraud alleged above,the result
is that Lalonde has more total votes than Cappleman and should be proclaimed the winner ofthe
election for the ofGce ofAlderman ofthe 46^ Ward ofthe City ofChicago.
24. In iniecincte 13,16 and 32,there were counting discr^)ancies at the Board's
warehouse on April 3,2019 that were not resolved the Board and should have been resolved
before the final {uoclamation.
25. In the process ofreviewing Form 80s filled out by electionjudges,tibete was no
Form 80 in precinct 2,tiiere were unresolved discr^ancies in precincts 3,4,6, 8,9,11,14,15,
18,20,21,22,23,25,26,28,30,31,32,34,40,and there w^e no tapes in predncts 28,25,15,
13,and 11.
(c) declaring Marianne Lalonde tire winner ofthe diection for the office ofAMerman of
the 46^ Ward ofthe City ofChicago; anH
(d)grantmg such otiier and further reliefto Petitioner as may bejust awt pxjper.
COUNT n-DECLARATORY JUDGMENT
26. Lalonde aHeges that 65ILCS 20/21-27 is unconstitutional and violates the equal
protection (Article I, Section 2)and fiee and equal election(Article m.Section 3)clauses ofthe
Illinois Constitution. Candidates in the Chicago municipal elections have only 5 days to file an
election contest petition, wheeas candidates in any other race on the ballot atthe same timi» or
any other time have 30 days fiom the date ofjnxiclaination to file an election contest proceeding.
10ILCS 5/23-20. There is no rational basis for treating Chicago municipal candidates differently
fi:om any other candidate,and Lalonde is injured by this unconstitutional provision because die
has not had a full opportunity to investigate her claims before filing this Petition.
27, On these grounds,Lalonde seeks a declaratoryjudgment pursuantto 735 ILCS
5/2-701 finding 65 ILCS 20/21-27 uiMonstitutioiial.
10
Dated: April 7,2019 MARIANNE LALONDE
11
State ofIllinois
ss.
County of Cook
VERlFICATrQN
The undersigned, having been first duly sworn, undor oadi deposes and affirmg that die
facts stated in the foregoing Verified Election Contest Petition are trua and correct to the best of
her knowledge and belief, as ofthe date signe(^ and as to the statements made on information
and belief,the undersigned certifies as aforesaid that she verily believes the same to be true.
( Mariande Lalonde
Subscribed and sworn to before me
by Marianne Lalonde on this
day ofApril,2019 OFFICIAL SEAL
E B MULLEN III
Notary Public-State of llllnola
My Cnnmlssion Expires October 26.2019
Ii
Notary Public
VERIFICATIQN BY CERTIFTCATTON
Under penalties provided by law pursuant to Section 1-109 ofthe Code of Civil
Procedure(735ILCS 5/1-109),the undersigned states that she has read die above Verified
Election Contest Petition and that the statements set forth in the Petition are true and correct,
exc^t as to matters which are stated on information and beliefand, as to such matters,the
undersigned certiiies as aforesaid that she verily believes the same to be true.
/ Marianne Lalonde
Regialratton ft Turnout
Reglstralion Turnout
Total Ftogistfmtion and Turnout ijmjssi Btujm 82J94%
Contoots
%
AMermanStthWard 45of46 prednotscounted 100.00%
SAMANTHA'GAM"NUQENT 7/154
R08ERT MURPHY 44J»%
Totd 19,918
MARIANNE LALONDE,
Petitioner,
V. Case No.
Respondents.
Pursuant to Supreme Court Rule 19, this is to notify you that the above-referenced action has
been filed challenging the constitutionality of65 ILCS 20/21-27, which requires Chicago Aldermanic
candidates to contest the results ofa runoff election within five days ofthe election. This provision is
unconstitutional because there is no rational basis for requiring a candidate to contest an election before
the results are final, and because the statute violates the Equal Protection (Article I, Section 2), Due
Process(Article I, Section 2), and Free and Equal Election (Article III, Section 3)clauses ofthe Illinois
The undersigned attorney hereby certifies that a copy ofthe attached Verified Election Contest
Petition was served upon the parties referended on the attached service list via personal delivery and
service of process through the Cook County Sheriff on Monday, April 8, 2(
SERVICE LIST
10:30flm
Chicago Bd ofElection Conun'zs,Cappleman,et aL Renim Date; lime:
o® 09C!4.FfeeWuTCd
D 0908 - liial I^tvyeis Appearance - No Re 5
D Jury Demand* Q 1900•Appearance and JoryDemand/Rcftid ^ S Twcfre-pcrson Jury
D 1909-Appearance andJuiyDemand/NoFse Paid CO ^ Sx^^rsoo Jury
The vutdetsigned enters die appearance of: '■* Flaindfr ■' Defendant C/J^
Om
V
lidganrtNtmc: Maoanne L^oode^^^ ISO
m—i UJ
Signature: ^5
0 Initial Counsel of Record D Fro Se ^elf-representecQ CD 2810 Rule 707 Out^of^iate Oramsel
^fo hac vice)
D Addirin^ni A^^w^ranrf O Substhutt Appearance
44423
At^. Na: FtoSe 99500
IMPORTANT
Name: Ed Mullen OiKe this A|q>eaeance fonn is filed, photocopies of this
Atty for 0f applicable): form must be sent to all other parties named in this case (or
tt> their attomies) using ctdies r^ulor Tnatt, {ax, pmaii ac
Masianne Lak>nde petsoital ddhrery. ^ee Supreme Court Rnliia U anrf
13 for more infiamatkm.)
Address: 2129 N Western Aye
Pro Se Only:
Cjty; Chiago D I have read and agree to the terms of Qedc's Office
Hlecttonic Notice PoEcy and dioose to opt in to electronic
State _5l Zm: ^0647 312.508.9433 notice &om die Oerk^ office for diis case at this wnoii address:
Primary Email: «UP»llen@gac-com Email-
* Strike demand fox trial by jury if not ^plicaMe.
I certify diat a copy of the -widan instrument was served on all parties -who have a{^)eared and have not hereto
Court to be in default for feilnm to plead. ~