Illinois Democrats’ Rushed, Sweeping Election Interference Law Found Unconstitutional

The Illinois Supreme Court recently upheld a lower court ruling that declared a controversial sweeping election law passed by Illinois Democrats unconstitutional. Senate Bill 2412, which House Republicans nicknamed the "Katie Stuart Protection Act," sought to end the longstanding practice of allowing local party organizations to appoint candidates to the ballot for the general election in uncontested legislative races.

The slating process requires a candidate to collect and file signed petitions by registered voters within the respective district, but Democrats tried to eliminate the slating practice altogether.

Rep. Stuart, a Metro East Democrat, faced no opposition in the March Primary, but local Republicans slated a Republican candidate and filed the required petition signatures with the Illinois State Board of Elections hours before final passage of SB 2412. Governor JB Pritzker signed the measure only hours after telling reporters he had not seen all the details of the measure.

The law was immediately challenged in court, as plaintiffs argued that the law was an unconstitutional attempt to interfere with the electoral process. The plaintiffs contended that the law violated their right to run for office and the voters' right to choose from a full slate of candidates.

Sangamon County Circuit Judge Gail Noll ruled in favor of the plaintiffs, issuing a permanent injunction against the law's application in the 2024 election. Judge Noll's ruling was particularly critical of the timing of the law's implementation, stating that it impermissibly burdened the plaintiffs' rights by changing the rules in the middle of the election process. Judge Noll emphasized that while the General Assembly has the authority to modify election laws, doing so during an ongoing election cycle was unconstitutional.

The unconstitutional ruling was quickly appealed by Illinois Democrats to the Illinois Supreme Court, but Illinois' highest court ultimately upheld Judge Noll's decision.

Find out more about this ruling including reaction from House Republican Floor Leader Patrick Windhorst, here: https://www.thecaucusblog.com/2024/09/illinois-democrats-rushed-sweeping.html.