East Central Reporter

Democrats introduced significant changes to Illinois election laws in early May during the 2024 Spring Legislative Session. They swiftly amended a Senate child welfare bill, enacting legislation that altered how candidates for public office could qualify for the November 2024 ballot. This new law effectively ended the practice of ‘slating,’ which allowed political parties to nominate candidates after the primary election if no candidate had run in March.

The legislative change required candidates to participate in the March primary or run as third-party candidates to be eligible for the November general election. The move was seen as an attempt to prevent several Republicans from appearing on the ballot, particularly targeting a Republican candidate in Metro East who had not yet filed paperwork but was considered a strong contender against his Democratic opponent.

House and Senate Republicans criticized this mid-cycle rule change as unconstitutional. All House and Senate Republicans voted ‘present’ on the legislation, with seven Democrats dissenting and several abstaining from voting.

“We don’t understand the sense of urgency right now unless the end goal is to stifle the democratic process through the 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 changing campaign laws mid-cycle violated Illinoisans' constitutional rights to vote. The lawsuit represented multiple prospective Republican candidates who intended to file nomination papers within the designated window ending June 3.

On June 5, Sangamon County Circuit Court Judge Gail Noll granted a permanent injunction blocking enforcement of the slating repeal for this election cycle. Judge Noll ruled that restricting ballot access under these circumstances was unconstitutional and restricted voter rights according to pre-existing laws before May 3.

Judge Noll's ruling applies only to this election cycle. In her report, she suggested that “the General Assembly could make revisions effective for the next election rather than in the midst of the current election.” She emphasized that changing ballot access rules mid-cycle disrupts electoral certainty and is unnecessary for achieving legislative goals.

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