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Saturday, September 28, 2024

Judge blocks Illinois Democrats' mid-election rule change

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State Representative David Friess (IL) | Representative David Friess (R) 115th District

State Representative David Friess (IL) | Representative David Friess (R) 115th District

In early May, during the 2024 Spring Legislative Session, Illinois Democrats made significant changes to election laws by altering a Senate child welfare bill. The new legislation changed the rules for candidates seeking public office in the upcoming November 2024 election. "This abrupt change to our election laws not only undermines the integrity of the democratic process but also silences the voices of many Illinoisans," Rep. Friess stated. "By altering the rules in the middle of an election cycle, we are effectively silencing potential candidates and their supporters. This move is manipulating the system. We must stand firm against such tactics and protect the fundamental rights of our citizens to choose their representatives freely and fairly."

The new law ended 'slating,' which allowed political parties without a candidate in the March primary until June 3 to nominate one for November, provided proper nomination papers were submitted by that date.

Critics argue that Democrats aimed to keep several Republicans off the November ballot, particularly in one Metro East District where a Republican candidate had yet to file paperwork but was seen as a legitimate challenger. The law retroactively required candidates to run in the March primary or as third-party candidates for eligibility in November.

House and Senate Republicans called these mid-cycle rule changes unconstitutional. All House and Senate Republicans voted 'present' on this legislation, with seven Democrat dissenters and some abstentions.

On May 10, the Liberty Justice Center filed a lawsuit against the Illinois State Board of Elections, alleging that repealing campaign laws mid-cycle violated constitutional voting rights. The lawsuit represented multiple prospective Republican candidates planning to file within a 75-day window from the primary date, ending June 3.

On June 5, Sangamon County Circuit Court Judge Gail Noll granted a permanent injunction blocking enforcement of slating repeal for this election cycle. The court ruled it unconstitutional to restrict ballot access under pre-May 3 law.

Judge Noll's ruling pertains only to this election cycle: "The General Assembly could make revisions effective for the next election rather than during the current one," she wrote. "Changing ballot access rules mid-cycle removes certainty from elections and is unnecessary for achieving legislative goals."

It remains uncertain if Attorney General Kwame Raoul or the State Board of Elections will appeal Judge Noll’s decision.

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