Sangamon Sun

Democrats introduced significant changes to Illinois election laws during the 2024 Spring Legislative Session, swiftly altering a Senate child welfare bill in early May. The newly enacted legislation changed the procedures for candidates seeking to appear on the ballot for the upcoming November 2024 election.

The new law immediately ended the practice of 'slating.' Previously, political parties without a candidate in the March primary had until June 3 to nominate or 'slate' a candidate for the November ballot, provided that proper nomination papers were submitted by that date. Democrats' rapid legislative action aimed to prevent several Republicans from appearing on the November ballot, particularly in one Metro East District where a Republican challenger had not yet filed paperwork but was considered a strong contender against his Democratic opponent.

Under the new law, candidates must have participated in the March primary to be eligible for the November general election ballot or run as third-party candidates. House and Senate Republicans criticized this mid-cycle rule change as unconstitutional. All Republican legislators voted 'present,' joined by seven Democrat dissenters and several non-voters.

"We don’t understand the sense of urgency right now unless the end goal is to stifle the democratic process through changes on slating candidates," stated House Minority Leader Tony McCombie (R-Savanna).

On May 10, the Liberty Justice Center filed a lawsuit against the Illinois State Board of Elections, alleging that repealing campaign laws mid-election violated Illinoisans' constitutional voting rights. The lawsuit represented multiple prospective Republican candidates who intended to file nomination papers within 75 days post-primary, targeting a June 3 deadline.

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

Judge Noll's ruling applied solely to this election cycle. In her report, she noted: "The General Assembly could make revisions effective for the next election rather than during an ongoing one. Changing rules mid-cycle disrupts electoral certainty and is unnecessary for achieving legislative goals."

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