East Central Reporter

The Illinois Supreme Court recently upheld a lower court ruling that declared a controversial election law passed by Illinois Democrats unconstitutional. Senate Bill 2412, which House Republicans nicknamed the “Katie Stuart Protection Act,” aimed to end the 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 attempted to eliminate this practice.

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.

State Representative Chris Miller issued a statement criticizing the rushed process after the bill passed the House.

“The playbook Democrats use every year is loaded with corruption, lies, and gimmicks. Election interference is the bread and butter for Democrats to get their way, but this time it failed. This is one example of many that illustrates how the majority party operates in Illinois and they clearly show no respect for our democracy.”

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 it was an unconstitutional attempt to interfere with the electoral process. They contended that it violated their right to run for office and voters’ right to choose from a full slate of candidates. Multiple House Republicans echoed this sentiment, decrying it as an attempt by Democrats to protect vulnerable incumbent members.

Sangamon County Circuit Judge Gail Noll ruled in favor of the plaintiffs, issuing a permanent injunction against applying the law in the 2024 election. Judge Noll’s ruling criticized its timing, stating that it impermissibly burdened plaintiffs’ rights by changing rules mid-election cycle. She emphasized that while modifying election laws is within legislative authority, doing so during an ongoing cycle was unconstitutional.

Illinois Democrats quickly appealed Judge Noll’s decision to the Illinois Supreme Court; however, Illinois’ highest court ultimately upheld her ruling.