IN THE CIRCUIT COURT OF COOK COUNTY

COUNTY DEPARTMENT, COUNTY DIVISION

 


 

Board of Election Commissioners of the City of Chicago,

LANGDON D. NEAL, RICHARD A. 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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 PRELIMINARY INJUNCTION ORDER

 

This matter coming before the Court upon PlaintiffsŪ Emergency Motion for a Temporary Restraining Order or Preliminary Injunction pursuant to Sections 2-701, 11-101 and 11-102 of the Code of Civil Procedure (735 ILCS 5/2-701, 5/11-101 and 5/11-102), seek declaratory judgment, injunctive and other relief against said Defendants either jointly, severally or in the alternative, and upon PlaintiffsŪ verified Complaint for Declaratory Judgment, Injunction and other relief filed against Defendants HANS BERNHARD, LUZIUS A. BERNHARD, OSKAR OBEREDER, CHRISTOPH JOHANNES MUTTER, JAMES BAUMGARTNER and DOMAIN BANK, INC., and the Court having reviewed and considered the allegations in the verified complaint and exhibits thereto, as well as evidence presented at the hearing on this Motion, and having heard and considered oral argument, the Court finds as follows:

1.         This Court has subject matter jurisdiction over this action.

2.         This Court has personal jurisdiction over all of the parties in this action.

3.         Venue is proper in Cook County.

4.         Plaintiffs BOARD OF ELECTION COMMISSIONERS OF THE CITY OF CHICAGO, LANGDON D. NEAL, RICHARD A. COWEN and THERESA M. PETRONE, having standing to bring this action.

5.         Plaintiffs have demonstrated a likelihood of success on the merits and the proofs, once submitted would likely show that:

A.        Defendants James Baumgartner, Hans Bernhard, Luzius Barnhard, Oskar Obereder, and Christoff Johannes Mutter, and those acting in concert with them, have violated the election laws of the State of Illinois and of the United States by using and operating an Internet web site known as žvoteauction.comÓ as an auction forum for the purpose of encouraging, soliciting and allowing residents of Illinois to sell their votes to be cast at the November 7, 2000 General Election and encouraging, soliciting and allowing individuals and corporations to žbidÓ on and buy such votes.

B.         These DefendantsŪ continued use and operation of the Internet web site known as Voteauction.com as an auction forum for purpose of encouraging, soliciting and allowing residents of Illinois to sell their votes to be cast at the Election and encouraging, soliciting and allowing individuals and corporations to žbidÓ on or buy such votes constitutes knowing and willful violations of the election laws of the State of Illinois and of the Unites States that will result in illegal and fraudulent voting at the Election if not prevented.

C.        These Defendants and all those acting in concert with them, including those Illinois residents who have or will sell their votes or who have or will buy such votes, owe a duty to Plaintiffs and to all citizens of the State of Illinois not to violate the election laws of the State of Illinois and of the United States.

D.        These Defendants and all those acting in concert with them, including those Illinois residents who have or will sell their votes or who have or will buy such votes, owe a duty to Plaintiffs and to all citizens of the State of Illinois not to deprive them or defraud them of their rights and privileges under the Constitutions and laws of the State of Illinois and of the United States to a free and equal election and to a fair and impartially conducted election process.

E.         These Defendants and all those acting in concert with them, including those Illinois residents who have or will sell their votes or who have or will buy such votes, have deprived and defrauded, and will continue to deprive and defraud if not enjoined, the Plaintiffs and all citizens of the State of Illinois of their rights and privileges under the Constitutions and laws of the State of Illinois and of the United States to a free and equal election and to a fair and impartially conducted election process.

F.         That anyone selling or attempting to sell his or her vote, and anyone buying or attempting to buy the votes of another is in violation of the election laws of the State of Illinois and of the United States as enumerated herein.

6.         Plaintiffs possess certain and clearly demonstrated rights which need protection.

7.         Plaintiffs will suffer irreparable harm without protection of an injunction.

8.         There is no adequate remedy at law to compensate for PlaintiffsŪ injuries.

9.         In the absence of injunctive relief, the Plaintiffs would suffer greater harm without an injunction than Defendants will suffer it is issued.

10.       Defendants have been notice of the PlaintiffsŪ Emergency Motion for a Temporary Restraining Order.

IT IS THEREFORE ORDERED that:

1.         Defendants and all those acting in concert with them are enjoined from:

A.        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.         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.        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.        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.         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 and/or buy votes from Illinois residents will be denied.

            2.         Defendants and all those acting in concert with them and order them shall 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.

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

4.         The Court shall retain jurisdiction over this matter.

 

 

 

Entered: ________________________________

 

 

 

Atty. No. 70383
James M. Scanlon
James M. Scanlon & Associates
70 West Madison Street, Suite 3600
Chicago, Illinois 60602
312-977-4881