FOIA request for Kane County Illinois marriage record

Neil Gillespie filed this request with the Kane County Clerk of Court John A. Cunningham of Kane County, IL.
Est. Completion None
Status
Withdrawn

Communications

From: Neil Gillespie

To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to 11), I hereby request the following records:

VIA Email: CountyClerkFoia@co.kane.il.us
Freedom of Information Act (FOIA) Officers:
Shauna Becker, John Emerson Jr., Raymond Esquivel

John A. Cunningham
Kane County Clerk
FOIA Request
719 S Batavia Ave, Bldg B
Geneva, IL 60134
Cc: Joseph McMahon, Kane County State’s Attorney, mcmahonjoseph@co.kane.il.us

Re: Freedom of Information Act Request

Please find attached to this email my Freedom of Information Act Request.

This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr. Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).

I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as set forth below.

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter 382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html

Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382

382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.—
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage, dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,

Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued. Beginning in 1972, the application to marry section was incorporated with the front of the marriage record. The application to marry may be available from the Clerk of Court for events prior to 1972.

The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of the same record when ordered at the same time. No restrictions exist for ordering these records.

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy Clause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS 140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause

My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).

Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Neil Gillespie

From: Lambert, Ann

Mr. Gillespie,

The below request came into our Research email and I’m not sure what you are looking for from our office. Your request was regarding a marriage record and those are not under the control of the Circuit Clerk’s Office.

In Illinois the Freedom of Information Act only applies to the Legislative and Executive branches of government and does not apply to the judicial branch. 5 ILCS 140/2(a).

The courts have expressly held circuit clerks are not subject to the FOIA. Newman v. Brown, 394 Ill.App.3d 602 (2009)(Non-judicial circuit court clerk component of the judicial branch not subject to the FOIA). Therefore your request to this office is denied.

Ann Lambert
FOIA Officer

From: MuckRock

To Whom It May Concern:

The public records request copied below is being forwarded to your office for processing. Confirmation of receipt and an estimated date of completion would be greatly appreciated.

Thank you.

_______________

VIA Email: CountyClerkFoia@co.kane.il.us
Freedom of Information Act (FOIA) Officers:
Shauna Becker, John Emerson Jr., Raymond Esquivel

John A. Cunningham
Kane County Clerk
FOIA Request
719 S Batavia Ave, Bldg B
Geneva, IL 60134
Cc: Joseph McMahon, Kane County State’s Attorney, mcmahonjoseph@co.kane.il.us

Re: Freedom of Information Act Request

Please find attached to this email my Freedom of Information Act Request.

This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr. Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).

I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as set forth below.

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter 382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html

Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382

382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.—
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage, dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,

Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued. Beginning in 1972, the application to marry section was incorporated with the front of the marriage record. The application to marry may be available from the Clerk of Court for events prior to 1972.

The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of the same record when ordered at the same time. No restrictions exist for ordering these records.

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy Clause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS 140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause

My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).

Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

From: MuckRock

To Whom It May Concern:

Please find attached additional material regarding this public records request.

Thank you.

  • FOIA-Neil J Gillespie to Kane County, IL Dec-23-2015 (1) (1).pdf

From: Lambert, Ann

The request you made was to the County Clerk as they handle the marriage certificates. Is there something you are looking for from the Circuit Clerk’s office? Our court files are public record unless impounded or restricted by statute.

Ann Lambert
630-208-2162

From: MuckRock

Hello Ms. Lambert,

Thank you for your message. This request was inappropriately directed to your office. It is being resubmitted to CountyClerkFoia@co.kane.il.us. Please let us know if it should be directed elsewhere.

Thank you for your help and patience.

From: MuckRock

This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr. Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for chapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).

I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the Commerce Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I am also making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as set forth below.

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter 382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause

Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html

Chapter 382 Florida Statutes, Vital Statistics http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382

382.003 Powers and duties of the department
382.004 Reproduction and destruction of records
382.005 Duties of local registrars
382.021 Department to receive marriage licenses
382.025 Certified copies of vital records; confidentiality; research
(2) OTHER RECORDS.—
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage, dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it upon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,

Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record prior to June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued. Beginning in 1972, the application to marry section was incorporated with the front of the marriage record. The application to marry may be available from the Clerk of Court for events prior to 1972.

The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification of the same record when ordered at the same time. No restrictions exist for ordering these records.

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the Supremacy Clause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS 140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause

My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).

Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

  • FOIA-Neil_J_Gillespie_to_Kane_County_IL_Dec-23-2015_1_1.pdf

From: Neil Gillespie

I am closing the MuckRock FOIA without getting records

From: Neil Gillespie

Kane County says the records are not FOIA records, but available under another process.

Files