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
Plaintiffs’ 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 Plaintiffs’ 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 “voteauction.com” 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 “bid” on and buy such votes.
B.
These Defendants’ 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 “bid” 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 Plaintiffs’
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 Plaintiffs’ 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 “voteauction.com”
and to remove such web site from the Internet completely or, in the alternative,
to modify the Internet web site known as “voteauction.com” 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:
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