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People ex rel. Klinger v. Howlett

Illinois Supreme Court

278 N.E.2d 84, 50 Ill. 2d 242 (1972)

Facts

Article IV, § 9(e) of the Illinois constitution allowed the governor to make conditional vetoes, in which the governor would return a bill to the legislature with specific recommendations that altered the bill. If the legislature accepted the recommendations, the bill would become law. In 1971 the Illinois General Assembly passed three bills related to financial assistance for private-school education. The governor returned all three bills with conditional vetoes. In his vetoes, the governor replaced all the substantive text in all three bills with new text, essentially proposing new bills. Both houses of the Illinois General Assembly accepted the governor’s recommendations, and the bills became law. Lawrence E. Klinger (plaintiff) filed a petition for a writ of mandamus to require Michael J. Howlett, the auditor of public accounts (defendant), to process vouchers in accordance with the laws.

Rule of Law

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Issue

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Holding and Reasoning (Schaefer, J.)

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