Illinois Election Statutes Ruled Unconstitutional
Lisa Madigan lost this case and I hope she doesn't waste any more taxpayer money appealing it to the US Supreme Court. They've already said 10% is too high and 11 months prior to the election is too early.
The Chicago Tribune has the story up already here. A federal appeals court declared Monday that the unusually high hurdles independent candidates for the Illinois legislature must clear to get their names on the ballot are unconstitutional.
Thank you David Lee, Dan Johnson-Wenberger, Richard Winger and COFOE, and Richard C. Miadich. And everyone else who made this a HUGE win over Lisa Madigan's attempts to thwart free and equal, democratic elections in Illlinois along with the entire monopoly Combine political machine.
"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," a three-judge panel of the U.S. 7th Circuit Court of Appeals said in its 17-page decision.
This win was three years in the making and I've spent a lot of time and energy on this, so I'm celebrating tonight!!! I'll comment more at my blog later after I read the whole opinion. For background on this case, my Election Laws category has a ton, including the fascinating oral arguments audio from the 7th Circuit Court of Appeals.
Now let's get something similar to House Bill 758 - introduced by Rep. Boland and supported by Rep. Froehlich and Rep. Franks - passed right away to comply with the US Constitution. It's already written and ready to go. Of course, a bill that lived up to the Illinois Constitution's free and EQUAL requirement would be even better.
7 comments:
As the Atty Genl, L-Madigan's office had to defend the State Board of Elections.
Hurling insults at her ("attempts to thwart free and equal, democratic elections") doesn't change her role as the attorney general. Joe Birkett would've had to defend the ISBE had he been in the AG's seat.
A heckuvalotta people agree with your positions Jeff, but nobody like bitterness and shrill screeching.
"attempts to thwart free and equal, democratic elections"
This is an insult? How is that in insult? He's only stating an opinion. It could even be somewhat truthful. But somehow this is an insult to you?
I didn't see the bitterness or shrillness here... and I'm sympathetic to rules that keep it a two party system.
What was insulting were the ridiculous arguments Lisa's AG office were making in the hearing. Almost as insulting as the unconstitutional laws her daddy refused to even discuss.
No, Lisa did not have to defend obviously unconstitutional laws and the ISBE. Your premise is false right off the bat.
First, she could have and should have issued an opinion that current laws were unconstitutional (remember trying to sell/lease the Thompson Building). Second, she could have walked in (or mailed the no Defense Reply) to the District Court and said the plaintiffs are right. Third, she could have done the same thing at the 7th Circuit Court.
But instead, Lisa's decision was to go ahead and try to defend the worst ballot access laws in the world wasting taxpayers money, her office's time and resources, and our Court's time and resources. And now YOU have to pay our legal bills on top of that.
Nobody else criticizes (insults) Lisa Madigan's performance so someone has to do it. She was wrong on this one and passed up several opportunities to be a REAL leader.
This decision shines a light on the fact that our Board of Elections and Attorney General have been protecting the politicians of the two parties over the people. At the expense of the people.
My comment didn't get posted. Sorry, if this ends up getting posted twice.
This decision shines a light on the fact that our Board of Elections and Attorney General have been protecting the politicians of the two parties over the people. At the expense of the people.
Congratulations Jeff! It's obvious that the Illinois ballot access laws are indefensible. Too bad it takes a federal court to force reform. But this is Illinois.
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