IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONGERALD ANTHONY JUDGE and )DAVID KINDLER, ))Plaintiffs, )) No.v. ))PAT QUINN, GOVERNOR of the STATE of )ILLINOIS, ))Defendant. )COMPLAINT

Now come plaintiffs, Gerald Anthony Judge and David Kindler, by their attorneys, andfor their Complaint against defendant Pat Quinn, Governor of the State of Illinois, state asfollows:

NATURE OF ACTION

This is an action, pursuant to 42 U.S.C. §1983 and 28 U.S.C. §§2201 and 2202,seeking to redress the ongoing violation of the Seventeenth Amendment to the United StatesConstitution by the failure of defendant, as Governor of Illinois, to issue a writ for a specialelection to fill a vacancy in the United States Senate. This action seeks to uphold plaintiffs’rights under the Seventeenth Amendment and under the general principles of democracy uponwhich our nation rests to vote for and directly elect their United States Senator.2)

One of Illinois’ two seats in the United States Senate became vacant on or around November 16, 2008, when President Barack Obama resigned his seat after winning the presidential election.

FILED: FEBRUARY 26, 200909CV1231JUDGE GRADYMAGISTRATE JUDGE MASONBR

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On December 30, 2008, then Governor Rod R. Blagojevich appointed RolandBurris to fill the vacant seat.4)

On January 15, 2009, Roland Burris was sworn in as the junior United StatesSenator for the State of Illinois.5)

Senator Burris was never elected to his current office of United States Senator,and neither former Governor Blagojevich nor defendant Governor Pat Quinn has issued a writcalling for any election to fill the vacancy created when President Obama resigned that seat.6)

As of late 2008, there is significant evidence that allowing the Governor toappoint a Senator invites corruption and abuse of power. Former Governor Rod R. Blagojevichis currently under federal investigation for alleged acts including conspiring to use this power tosell the Senate seat vacated by President Obama for substantial sums, or alternately to trade it for other personal gain.7)

Even more recently, Senator Burris has revealed publicly that he offered tofundraise for former Governor Blagojevich while he was simultaneously seeking to be appointed by former Governor Blagojevich to the then to-be-vacated Senate seat of President Obama.8)

Given Illinois’ unfortunate history of governors being convicted for crimescommitted while in office, there having been two such governors, not including Mr. Blagojevich,convicted since 1968, there is a very real potential for such corruption and abuse in the filling of vacancies in the Unites States Senate under future Illinois governors.9)

The issue of how to fill a vacancy in a seat in the United States Senate is likely tooccur again.

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The Seventeenth Amendment was adopted as a remedial measure in order toremove the power of selection of U.S. Senators from state officials and replace it with directelection by the people.11)

Illinois statutes providing for the appointment of persons to fill vacancies in theU.S. Senate are contrary to this purpose in that current statutes give the power to select a UnitedStates Senator to one elected official—the Governor—and take it away from the people.12)

The need to prevent and avoid the potential for corruption and abuse by theGovernor in using the power to appoint persons to fill vacancies in the United States Senate,together with the right of the people to the direct election of persons to fill such vacancies,outweighs any interest the State might have in permitting persons appointed to such vacancies toserve in the Senate for extended periods of time.13)

The fundamental democratic nature of the selection of United States Senators bydirect election and the rights of voters to engage in such direct election must be upheld byrequiring the defendant Governor to issue a writ ordering a special election at the earliest practical date to fill the United States Senate seat vacated by President Obama and currently held by the temporarily appointed Senator Roland Burris.

PARTIES

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Plaintiffs are residents of the Northern District of Illinois, citizens of Illinois, andregistered voters in Illinois. They bring this action to enforce their rights as voters to participatein the direct election of their United States Senators under the Seventeenth Amendment.15)