Voting Booth, Source: TFP File Photo The Illinois Supreme Court upheld a lower court ruling preventing a change in election law that could have re
The Illinois Supreme Court upheld a lower court ruling preventing a change in election law that could have removed 14 candidates from the 2024 general election ballot. The case stems from new “anti-slating” legislation, signed into law by Governor Pritzker on May 3, which altered ballot access rules mid-election cycle.
The law, P.A. 103-0586, aimed to end the practice of “slating,” where political parties nominate a candidate for the General Assembly to appear on the ballot if no one ran in the primary.
The legislation, introduced hastily through a “gut and replace” maneuver, took effect almost immediately, potentially disqualifying Republican candidates who had already begun gathering signatures.
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Illinois Democrats described the law as an ethics reform to promote accountability and limit party insiders from nominating candidates without voter input. However, the law was criticized for being partisan, as it would have left Illinois voters with only one candidate in legislative races.
On May 10, the Liberty Justice Center filed a lawsuit challenging the law on behalf of potential General Assembly candidates, arguing it violated their constitutional right to ballot access. The Sangamon County Circuit Court sided with the plaintiffs, issuing a preliminary order to block the law’s enforcement, which became permanent on June 5. The court ruled that applying the anti-slating provision to the 2024 election was unconstitutional.
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Illinois House Speaker Chris Welch, who defended the law in court, asked the Illinois Supreme Court to overturn the ruling. However, two of the seven justices recused themselves, and the remaining justices could not reach a four-justice majority required by the state constitution, leaving the lower court’s injunction in place.
“We applaud the courts’ decision to uphold candidates’ rights and strike down Illinois legislators’ partisan attempt to exclude their political opponents from the ballot,” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center.
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