IN THE CIRCUIT COURT TWENTIETH JUDICIAL CIRCUIT ST.

CLAIR COUNTY, ILLINOIS

IN THE MATTER OF THE WRIT OF MANDAMUS MOTION in re ) THE EAST ST. LOUIS BOARD OF ELECTIONS COMMISSIONERS et al ) ) ) MATTHIAS HAWKINS, ) Plaintiff, ) ) Vs. ) ) EAST ST. LOUIS BAORD OF ELECTIONS COMMISSIONERS et al, ) Elmer Jones, Chairman ) Edna Allen, Vice-Chairman ) Joseph McCaskill, Secretary ) James Lewis, Executive Director ) Defendants, )

CASE NUMBER: 12-MR-65

MOTION TO REQUEST A WRIT OF MANDAMUS NOW COME PRO SE, Matthias Hawkins, hereinafter Plaintiff, is a duly registered voter who currently resides at 1705 Exchange Avenue, #B, East St. Louis, Illinois, 62205. This address is located within Precinct 1 in the City of East St. Louis according to the East St. Louis Board of Elections, which has administered elections in the City of East St. Louis since 1886. Please see Exhibit A: Copy of Voter Registration and Illinois Drivers License. Pursuant to 735 ILCS 5, Article 14, Plaintiff hereby petitions the 20th Judicial Circuit Court to issue a Writ of Mandamus to compel the East St. Louis Election Board, hereinafter the Board, to strictly comply with all Sections of the Election Code which remain in force. Plaintiff prays the courts mercy and requests the Courts assistance in affirming the Election Code and to compel the Defendant(s) to immediately achieve strict compliance to the Illinois Election Code (10 ILCS 5) with particular attention to: A. Section 4-14.1: Removal of Deceased Persons
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IN THE CIRCUIT COURT TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS

B. Sections 6-44 & 6-45 : C. Section 6-58:

General Registration Hearings Removal of Inactive Voters

A. Monthly Removal of Deceased Persons, Section 4-14.1 The Plaintiff contends that despite informing Mr. Lewis and the Board about overregistration in September of 2011 there are 28 deceased persons who remain registered to vote as of January 13, 2012. We ask the Courts assistance in ensuring the removal of ALL deceased persons prior to the March 2012 primary election. Please see Exhibit B: List of Deceased Registrants. B. Registration and Erasure Hearings not Held, Sections 6-44 & 45 According to Section 6-44 of the Election Code, Any voter or voters in the ward,
village or incorporated town containing such precinct, and any precinct committeeman in the county, may, between the hours of nine o'clock a.m. and six p.m. of Monday and Tuesday of the second week prior to the week in which such election is to be held make application in writing, before such board of election commissioners, to have any name upon such register of any precinct erased.

The Board has indicated in a letter dated December 16, 2011 that pursuant to the National Voter Registration Act (NVRA) of 1993, both of these sections in the state statutes have been repealed. We ask the Courts mercy and assistance in affirming that Sections 6 -44 nor 6-45 have not been repealed and to command the Board to achieve full compliance prior to the March 2012 primary election to these state statutes. Please see Exhibits E & F: October & December 2011 Board Letters.
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IN THE CIRCUIT COURT TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS

C. Failure to Remove Inactive Voters Pursuant to Section 6-58 In September of 2011, Defendant was informed that once again the NVRA of 1993 repealed Section 6-58 by extending the amount of time an inactive voter may remain on the voter rolls from 4 years to 8 years. Plaintiff contends that this interpretation on the NVRA of 1993 is patently false and erroneous. Plaintiff asks the Courts assistance in clarifying the impact of the NVRA of 1993, if any, upon the Illinois Election Code (10 ILCS 5) and to command the Board to achieve full compliance with the Illinois Election Code prior to the March 2012 primary election. Please see Exhibit C: September 2011 Board Minutes. D. Requested Remedy Plaintiff prays the Courts mercy in the granting of this Writ of Mandamus. Plaintiff humbly requests an immediate Hearing to establish the Boards level of compliance to the Illinois Election Code with particular attention paid to repealed sections aforementioned herein. If the Defendant is found out of compliance with the Illinois Election Code by this Court, Plaintiff also prays the Courts mercy in the granting of filing fees and other legitimate expenses incurred during the submission and development of this Petition for a Writ of Mandamus.

RESPECTFULLY SUBMITTED,

MATTHIAS HAWKINS, Petitioner

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