Supreme Court of the United States · Official docket →
Trista Oettle v. William J. Cadigan, Chairman, Illinois State Board of Elections, et al.
Paid petition · Appellate Court of Illinois, Fifth District, No. 5-19-0306 · judgment December 16, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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:
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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.
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Whether a ballot selfie photography ban is a permissible, viewpoint-neutral ban or an unconstitutional content-based ban on political expression.
Counsel of record
For petitioner
Peter Jonathan Maag
Maag Law Firm, LLC
For respondent
Frank Henry Bieszczat
Office of the Illinois Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 07 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 21 2021Waiver of right of respondent William Cadigan to respond filed.
- Jun 01 2021Petition for a writ of certiorari filed. (Response due July 15, 2021)