Allen v. Powell

This is a direct appeal from a final judgment of the circuit court of Madison County in favor of the defendants, Paul Powell,
Secretary of State, and Eulalia Hotz, County Clerk of Madison County, against the plaintiff-taxpayers. A constitutional question
gives us jurisdiction. This case followed the election of Paul Simon, State Senator for the Fifty-Third District, to the office of Lieutenant Governor.
On November 8, 1968, he wrote to the then Governor, Samuel H. Shapiro, submitting his resignation as Senator "to be effective
at 11:59 A.M. on January 8, 1969." On November 12, 1968, the Governor issued writs of election to the defendants commanding
them to cause a special primary election to be held on March 11, 1969, for the nomination of candidates to fill a vacancy
for the Fifty-Third Senatorial District and a special general election on April 29, 1969, for the election of a senator to
fill such vacancy.