Rose v. Board of Election Commissioners for the City of Chicago

Vincent Rose (plaintiff) wanted to run for city council in Chicago, Illinois. Illinois law required candidates to obtain 473 signatures on their nomination petitions to appear on the ballot. The Board of Election Commissioners for the City of Chicago (board) (defendant) determined that Rose had only 414 valid signatures on his nomination petitions and ruled that his name would not appear on the 2015 ballot. Rose sought judicial review in the Cook County Circuit Court, challenging both the validity of the signature requirement and the board’s enforcement of it. Rose alleged violations of the First Amendment, the Equal Protection Clause, and the Due Process Clause of the state and federal constitutions and later raised additional claims under the federal Voting Rights Act. The state court issued a written decision denying Rose’s petitions for judicial review and affirming the board’s ruling. Rose did not appeal. Shortly thereafter, Rose filed a substantively identical action in federal district court, adding the State of Illinois (defendant) as a defendant. Rose once again challenged the 473-signature requirement and the board’s decision under the same constitutional and statutory theories as his state action, plus a new claim under 42 U.S.C. § 1983. The board and the state moved to dismiss Rose’s complaint based on the doctrine of claim preclusion. The district court granted the motion. Rose appealed.