MacDougall v. Green, 335 U.S. 281 (1948)

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

Syllabus

The Illinois Election Code, Ill.Rev.Stat., c. 46, § 10-2, requires that a petition to form, and to nominate candidates for, a new political party be signed by at least 25,000 qualified voters, including at least 200 from each of at least 50 of the 102 counties in the State. Alleging that 52% of the State’s registered voters reside in Cook County alone, 87% in the 49 most populous counties, and only 13% in the 53 least populous counties, appellants sued to enjoin enforcement of the requirement of at least 200 signatures from each of at least 50 counties.

Held: this requirement does not violate the due process, equal protection, or privileges and immunities clause of the Fourteenth Amendment, Art. I, § 2 or § 4, Art II, § 1, or the Seventeenth Amendment of the Constitution of the United States. Pp. 282-284.

80 F.Supp. 725, affirmed.

In a suit to enjoin enforcement of Ill.Rev.Stat., c. 46, § 10-2, the District Court found want of jurisdiction and denied the injunction. 80 F.Supp. 725. On appeal to this Court, affirmed, p. 284.