Equal Ballot Access Requirement Bills Introduced

Believe it or not, but we have at least one State Representative and one State Senator who believe "all elections shall be free and equal" and that all candidates should have the same opportunity to be on the ballot. This is really good news for the principles of democratic elections in Illinois.

House Bill 158 was introduced by State Representative William B. Black (R-104, Danville). This bill would change the petition signature requirement for "new party" candidates. Instead of needing signatures equal to 5% of the total votes cast in the previous general election, "new party" candidates would need signatures equal to the highest requirement of the "established" parties. So if a Republican needs 460 signatures, a Democrat needs 380 signatures, and a Green needs 290 signatures, the "new party" candidate would need 460 signatures.

The Rs, Ds, and Gs, signature requirement is based on needing the number of signatures equal to 0.5% (one half of one percent, not five percent) of the qualified primary electors (the number of voters that took a primary ballot for their party, not the total votes cast in the general election) of his or her party in his or her district. However, that mumbo jumbo is largely irrelevant for State Rep. and State Senate districts. In a State Rep. race, Rs, Ds, and Gs need either 0.5% OR 500 signatures, whichever is greater. That's almost always 500. For State Sen. races, Rs, Ds, and Gs, need either 0.5% OR 1,000 signatures whichever is greater. Again, that's almost always 1,000. It does come into play more in US House races, but I'll deal with that another day.

So this bill, for practically all State Rep. and Senate races would make the requirements the same for all political party candidates. (But not independents, which we'll get to.)

When I mentioned House Bill 158 earlier I pointed out it would not put our election laws in compliance with the Lee v. Keith ruling that said our election laws violate the 1st and 14th Amendments of our Constitution. I also pointed this out to the Honorable William Black, and he listened.

House Bill 632 was introduced by Representative Black a few days later, and it will make our election laws constitutional to comply with the 7th Circuit's ruling in Lee v. Keith.

HB 632 changes the requirement of independent candidates in the same way HB 158 changes it for "new party" candidates. In addition to changing the signature requirement, HB 632 also changes the deadline to submit petition signatures for independent candidates. Instead of filing them at the same time "established" parties file for the primary, independents will file their's at the same time "new party" candidates file for the general election.

These two bills combined are almost perfect and everything I could hope for as far as signature requirements go. All candidates having an equal chance to run for office is exactly how a democracy should work.

And just when I think it can't get any better, State Senator Michael Frerichs (D-52, Champaign) pleasantly surprises with Senate Bill 733.

Senate Bill 733 combines HB 158 and HB 632 into one glorious piece of democratic election heaven. It is especially suprising coming from Senator Frerichs. Why?

Frerichs won by 542 votes in a close 3-way race for an open Senate seat. Yes, 3-way race, which saw Socialist Equality candidate Joe Parnarauskis also on the ballot and getting 1,894 votes good for 3.4%. But before Joe was on the ballot, the Democrats were so afraid of not getting those socialist votes that they tried just about everything to throw him off the ballot.

Even though the petition challenge found that Joe had enough signatures to be on the ballot, the 4 Democrats on the State Board of Elections refused to vote to certify Joe's name on the ballot. After suing, those 4 Democrats were finally forced by the courts to do their statutory duty and put his name on the ballot. They were soo desperate to keep Joe off the ballot they went so far as to refuse to obey the laws until the courts forced them to. That was one of the most dispicable acts against democratic elections we have seen in Illinois or America for quite a while.

During that whole ordeal, Frerichs did try to distance himself from the process but he caught a lot of heat anyway. I'd venture to guess some of Joe's 1,894 votes were motivated by sympathy for what Michael Madigan's Democratic Party had tried to do. I have no doubt Party Chair Madigan was calling the shots, not Frerichs.

Whatever the Honorable Senator Frerichs' motivations are for introduing SB 733, I certainly admire him for it. Does he feel guilty for what happened to Joe? Is he worried he almost lost the election because of the anti-democratic actions of his party? I would be very interested to know, but it really doesn't matter to me. Senate Bill 733 is, again, a glorious piece of democratic election heaven and Senator Frerichs has my deep respect for that.

So now the bills are there, and it's up to us true believers in democratic elections to help get them passed. Call your State Rep. and ask them to co-sponsor HB 158 and HB 632. Do it today. You'd be amazed what one phone call can do. Call your State Senator when you're done and ask them to co-sponsor SB 733. Us whiners (as Rich Miller calls us) have been asking for this opportunity for years and years and years. Let's at least do all we can do, even if the mighty Democratic Party leaders want to shun the very meaning behind their party's name.

Do you call yourself a Democrat? If so, let's see you put your actions where your mouth is and live up to the name of your chosen political party. Are you a Republican? Who care, your votes only matter if Blagojevich vetoes it. Just kidding. A republic is nothing if it doesn't treat us all equally under the rule of law. And speaking of the rule of law, the spirit of our own Illinois Constitution, the one our legislators SWORE to uphold and defend, is very clear about how our elections should be run.

"All elections SHALL be free and equal" - Article III, Section 3. Illinois Constitution.