Independent Candidates Will Have Easier Ballot Access in Illinois
by TChris
The Court of Appeals for the Seventh Circuit today invalidated an Illinois law -- on the books since 1980 -- that has effectively prevented independent candidates from running for the state legislature. To qualify for a listing on the ballot, independent candidates in Illinois must obtain signatures that equal 10 percent of the votes cast in the last general election, and they must do so at least 323 days before that election. These requirements, said the court (pdf), are too onerous.
In combination, the ballot access requirements for independent legislative candidates in Illinois--the early filing deadline, the 10% signature requirement, and the additional statutory restriction that disqualifies anyone who signs an independent candidate's nominating petition from voting in the primary--operate to unconstitutionally burden the freedom of political association guaranteed by the First and Fourteenth Amendments. Ballot access barriers this high--they are the most restrictive in the nation and have effectively eliminated independent legislative candidacies from the Illinois political scene for a quarter of a century--are not sustainable based on the state's asserted interest in deterring party splintering, factionalism, and frivolous candidacies.
< Debunking the Latest Terrorist Threat | Willie Nelson: Off the Road Again > |