No. 20-1731

Trista Oettle v. William J. Cadigan, Chairman, Illinois State Board of Elections, et al.

Lower Court: Illinois
Docketed: 2021-06-15
Status: Denied
Type: Paid
Response Waived
Tags: ballot-selfie content-based-restriction first-amendment free-speech political-expression political-speech public-forum viewpoint-neutral viewpoint-neutrality
Key Terms:
SocialSecurity FirstAmendment DueProcess Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a ballot selfie is a form of political expression

Question Presented (OCR Extract)

QUESTIONS PRESENTED Illinois promulgated 10 ILCS 5/29-9, providing, in pertinent part, that “[e]xcept as permitted by this Code, any person who knowingly marks his ballot or casts his vote on a voting machine or voting device so that it can be observed by another person shall be guilty of a Class 4 felony.” The questions presented are: 1. Whether a photograph of a completed ballot, commonly called a ballot selfie, is a form of political expression in a public forum or a nonpublic forum. 2. Whether a ballot selfie photography ban is a permissible, viewpoint-neutral ban or an unconstitutional content-based ban on political expression.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-06-21
Waiver of right of respondent William Cadigan to respond filed.
2021-06-01
Petition for a writ of certiorari filed. (Response due July 15, 2021)

Attorneys

Trista Oettle
Peter Jonathan MaagMaag Law Firm, LLC, Petitioner
Peter Jonathan MaagMaag Law Firm, LLC, Petitioner
William Cadigan
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent