IN THE CIRCUIT COURT OF COOK COUNTY

COUNTY DEPARTMENT, COUNTY DIVISION

 


BOARD OF ELECTION COMMISSIONERS OF THE CITY OF CHICAGO,
LANGDON D. NEAL, RICHARD S. COWEN and THERESA M. PETRONE,

 

            Plaintiffs,

 

vs.

 

HANS BERNHARD, LUZIUS A. BERNHARD, OSKAR OBEREDER,
CHRISTOPH JOHANNES MUTTER, JAMES BAUMGARTNER
and DOMAIN BANK, INC.,

 

            Defendants,


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PLAINTIFFS' EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER

OR PRELIMINARY INJUNCTION

 

            NOW COMES the Board of Election Commissioners of the City of Chicago, langdon d. neal, richard a. cowen and THERESA M. PETRONE, Plaintiffs in the above-entitled cause, by their attorney, James M. Scanlon & Associates, and moves this Court to enter a temporary restraining order, without bond, pursuant to Section 11-101 of the Code of Civil Procedure (735 ILCS 5/11-101) or a preliminary injunction pursuant to Section 11-102 of the Code of Civil Procedure, notice having been given to the defendants, restraining and enjoining Defendants HANS BERNHARD, LUZIUS A. BERNHARD, OSKAR OBEREDER, CHRISTOPH JOHANNES MUTTER, JAMES BAUMGARTNER and DOMAIN BANK, INC., and each them and their agents, employees, and all others acting in concert with them from using or operating an Internet web site known as žVoteauction.comÓ or any web site by any other name in any manner as a forum for conducting an žauctionÓ for the purpose of encouraging, soliciting and allowing residents of the State of Illinois to sell their votes to be cast at the November 7, 2000 General Election and encouraging, soliciting or allowing individuals and corporations to žbidÓ on and buy such votes, all until further order of this Court.

            More specifically, Plaintiffs move:

A.        The Court enjoin Defendants and all those acting in concert with them and order them to immediately cease and desist form using or operating any Internet web site that encourages or allows residents of Illinois to sell their votes to be cast at the November 7, 2000 General Election.

B.         The Court enjoin Defendants and all those acting in concert with them and order them to immediately cease and desist from using, operating, facilitating or accessing domain name žvoteauction.comÓ and to remove such web site from the Internet completely or, in the alternative, to modify the Internet web site known as žvoteauction.comÓ so as to remove any illegal content.

C.        The Court enjoin Defendants and all those acting in concert with them from allowing or continuing registration of the Internet domain name "voteauction.com" or any other domain name offering substantially the same service as voteauction.com.

D.        The Court enjoin the Defendants and all those acting in concert with them and order them to immediately cease and desist from using or operating in the State of Illinois any Internet web site by any name in any manner that would violate prohibitions in the laws of the State of Illinois and of the United States against the buying and selling of votes in elections.

E.         The Court enjoin the Defendants and all those acting in concert with them and order them to immediately disclose to the proper election authorities the names and addresses of every individual in Illinois who has sold his or her vote or has offered to sell his or her vote through voteauction.com and the names and addresses of every individual and/or entity that has paid or has offered to pay for votes of Illinois residents through voteauction.com.

F.         The Court enjoin the Defendants and all those acting in concert with them and order them to cease and desist from accepting from residents of the State of Illinois any registration or offer to sell votes or to buy votes at auction through voteauction.com and to modify their web site to indicate that all registrations or offers to sell votes from Illinois residents will be denied.

G.        The Court order that Defendants shall within 10 days report to the Court on the measurers they have taken to implement this order.

H.        The Court shall retain jurisdiction over this matter.

I.          The Court order Defendants to pay Plaintiffs their costs and attorneysŪ fees for this action.

J.          The Court order such other relief that the Court may deem just.


In support of this motion, a copy of the PlaintiffsŪ verified Complaint for Declaratory Judgment, Injunction and Other Relief and exhibits thereto filed in this Court on October 16, 2000 is attached hereto and made a part of this motion.

BOARD OF ELECTION COMMISSIONERS OF THE CITY OF CHICAGO, LANGDON D. NEAL, RICHARD A. COWEN and THERESA M. PETRONE, Plaintiffs

 

 

                                                                        By: _______________________________

                                                                                                Their Attorney

 Atty. No. 70383
James M. Scanlon
James M. Scanlon & Associates, P.C.
70 West Madison, Suite 3600
Chicago, IL 60602
312.977.4881