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 Governor signed the bill into law almost immediately following Senate concurrence with the House amendments.
House Republican Floor Leader Patrick Windhorst issued a statement criticizing the rushed process after the bill passed the House.
“The process that led to this legislation passing through the House in just a single day shows just how far the Democrats will go in flexing their political muscles under the Statehouse dome. A bill like this that changes so much about our elections, adds questions on major issues to the ballot, and stifles the power of the minority party to appoint candidates to the ballot deserves thorough debate. This legislation was barely on the calendar before it cleared the House. This is not the best that we can do for the people of Illinois.”
Likewise, Deputy House Republican Leader Ryan Spain denounced the Democrats’ political games shortly after bill passed.
“The Democratic Majority has the ability to put real questions on the ballot, such as Fair Maps and critically needed Ethics Reform; but today they chose to play games. It’s disingenuous. They are disenfranchising voters and suppressing competition: what this bill intended. In short, this initiative prevents choice and competition in our elections. The rules shouldn’t be changing in the middle of the election cycle.”
Under previous rules, political parties had a 75-day window following the primary election to slate candidates in races where no primary candidate had run. This provision allowed parties to ensure they had candidates in all races, even if the primary had failed to produce a nominee. The new law effectively eliminated this practice, forcing parties to rely solely on primary candidates for the general election, a move seen by many as a way to secure Democratic incumbents’ positions in the legislature by reducing competition.
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. That messaging was repeated by multiple House Republicans, who decried the law as a blatant attempt by Democrats to protect their more vulnerable incumbent members.
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.
Following the successful effort by Republicans to oppose the implementation of the sweeping elections omnibus law, Rep. Windhorst said the following.
“This ruling is a victory for democracy and voter choice. The decision represents a significant check on the power of the state’s Democratic majority, ensuring that, at least for this election cycle, voters will have the opportunity to choose from a full slate of candidates.”