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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.

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    Re: Independent Candidates Will Have Easier Ballot (none / 0) (#1)
    by Andreas on Mon Sep 18, 2006 at 12:53:18 PM EST
    On Tuesday, Socialist Equality Party candidate Joseph Parnarauskis filed a lawsuit against the Illinois State Board of Elections (SBE), demanding that it break its deadlock and certify him for the November 7 ballot. Parnarauskis is running for state Senate from the 52nd Legislative District, which includes Champaign-Urbana and Danville in east central Illinois. Due to the intransigent opposition of the board's four Democratic Party members, the SBE missed the September 1 deadline for the certification of the SEP candidate. Meanwhile, election officials in the 52nd Legislative District are preparing to print ballots without Parnarauskis's name. On August 31, the SBE certified every candidate in the state's 110 election jurisdictions except Parnarauskis. This occurred after Democratic commissioners voted against the recommendation of the board's own examiner to put the SEP on the ballot because he had met the signature requirement. Despite having failed to prove their frivolous objections to Parnarauskis's nominating petitions, the Democrats have prevented the board from amending the list of certified candidates to include his name--a flagrant violation of their legal obligation to certify a candidate who has met the state's requirements for ballot status.
    SEP candidate sues Illinois election board to gain ballot status By Tom Carter, 14 September 2006

    A lawsuit to ensure less than 1% of the vote is received? Sounds productive.

    Re: Independent Candidates Will Have Easier Ballot (none / 0) (#4)
    by Andreas on Mon Sep 18, 2006 at 09:20:29 PM EST
    With the clock ticking and ballots scheduled to be printed within a matter of days, the Illinois election board remained deadlocked at a meeting yesterday in Springfield. While Socialist Equality Party candidate in the 52nd state Senate district Joseph Parnarauskis has not been removed from the ballot, the four Democrats on the eight-member State Board of Elections (SBE) are continuing to block the vote needed to certify his name for the November 7 ballot. ... Since the board remains deadlocked, Judge Kelly will hear the SEP's case this morning, September 19, at the Sangamon County courthouse.
    Illinois election board still deadlocked on SEP candidate By Tom Carter, 19 September 2006

    Readers should be aware that Democrats run the state of Illinois. The Democratic Speaker of the House killed a bill this year to reform the world's most restrictive ballots laws. His daughter, the Attorney General, defended those laws in federal court.

    Re: Independent Candidates Will Have Easier Ballot (none / 0) (#5)
    by Andreas on Tue Sep 19, 2006 at 10:00:24 PM EST
    A Sangamon County Circuit Court judge on Tuesday ordered the Illinois State Board of Elections (SBE) to amend its list of certified candidates to include the name of Joe Parnarauskis, the Socialist Equality Party's candidate for State Senate in the 52nd Legislative District. Judge Patrick Kelley gave the election board until Thursday, September 21, at 2 p.m., to certify the SEP candidate or face being held in contempt of court. The judge also ordered election authorities in Champaign and Vermilion counties, as well as the city of Danville, not to print ballots until the election board complied with the judge's ruling and certified Parnarauskis. The ruling was a blow to the Illinois Democratic Party machine, which has mounted a three-month campaign, involving high-level attorneys, to exclude the SEP from the ballot.
    Judge orders election board to certify Illinois SEP candidate By Jerome White, 20 September 2006