Libertarians survive petition challenge in Illinois; Greens, Constitution Party fall short

Ballot Access News:

On August 22, the Illinois State Board of Elections certified the statewide Libertarian Party slate for the November ballot. The decision was not surprising, given that the “binder-check” process had found over 25,000 valid signatures, and that the Hearings Officer for that process had recommended that the petition be considered valid. The vote on the eight-member Board was 5-2.

This is the first time since 2004 that the Libertarian Party will be the only minor party on the Illinois ballot for statewide offices.

And:

U.S. District Court Declines to Put Green Party Slate on Illinois Ballot, But Suggests that Two Ballot Access Laws May be Unconstitutional

On August 21, U.S. District Court Judge John J. Tharp, Jr., declined to put the Green Party statewide nominees on the Illinois ballot. The case is Summers v Smart, 1:14cv-5398, northern district. However, the 20-page opinion suggests that the full-slate requirement is likely unconstitutional, and also suggests that the notarization requirement may be unconstitutional. But because the party complied with the full-slate requirement, and also did notarize all the petition sheets it submitted, the opinion says enjoining either or both of those two laws would not make any difference this year. The party did not submit as many as 25,000 valid signatures in any event.

The Opinion says, “This is a situation of the plaintiffs’ own making. Rather than bring a timely lawsuit to enjoin the provisions that the Plaintiffs allege to be unconstitutional in themselves and collectively – the complete slate requirement, the notarization requirement, and the binder-check rules – the plaintiffs waited to sue until the only possible preliminary injunctive remedy was to place them on the ballot notwithstanding the allegedly overburdensome ballot access requirements.” UPDATE: here is a news story.

And:

The Chicago Times has this story, saying armed private detectives rang doorbells of voters who signed the Libertarian Party’s statewide candidate petition. The story says these detectives then tried to persuade the voters to sign affidavits, disavowing their signature.

As the voter quoted at the end of the story says, the experience will cause him (and surely others as well) never to sign a ballot access petition again.

And:

Illinois Governor Criticizes Tactics Used by Challengers to the Libertarian Statewide Petition

On August 22, Illinois Governor Pat Quinn, a Democrat who is running for re-election this year, criticized the individuals who challenge the statewide Libertarian Party candidate petition.

Quinn for Illinois Statement Regarding Rauner Voter Intimidation with Guns:

The Quinn for Illinois campaign released the below statement regarding news reports of voter intimidation by Rauner’s campaign operatives with guns:

“We are deeply disturbed that the Rauner forces are intimidating people with weapons.”

“Sending armed investigators to people’s homes in the name of politics is not OK in Illinois nor anywhere else.”

“Voter intimidation has no place in our state, particularly with guns.”

“This is a serious matter and it should be investigated by the State Board of Elections, Cook County State’s Attorney, and the U.S. Department of Justice Civil Rights Division.”

Meanwhile via A3PR:

Metropolis, IL, August 19, 2014: With the election still a few months away, the Constitution Party of Illinois and its candidates have conceded their defeat in an attempt to gain ballot access for the 2014 General Elections.

Chairman of the Constitution Party, Randy Stufflebeam said, “The Republican Party has once again successfully ensured that real conservatives will not be on the November ballot to compete in the General Election this year (as they did in 2010). Illinois voters should be incensed by this constant unconstitutional elimination of competition. It is the Illinois voters who suffer, because they have no real choice on the ballot. Both the Republican and Democrat Parties, ensure that the status quo continues so that they can continue to line their pockets on the backs of the voter.”

The Illinois State Constitution, Article 3, Section 3 – ELECTIONS states: “All elections shall befree and equal.” Further, Article 3, Section 4 of the Illinois State Constitution – ELECTION LAWS states: “Laws governing voter registration and conduct of elections shall be general and uniform.”

Tim Pearcy, former chairman of the Constitution Party of Illinois said, “Election laws in the state of Illinois violate its own Constitution. Obviously, elections are NOT FREE, they are expensive and they certainly are NOT EQUAL. Consider that Republicans and Democrats pass laws that force “New Parties” to get 25,000 [uncontestable] signatures while they need only 5,000. Further, it should also be obvious that the conduct of elections are neither general nor uniform. They are specifically different for the various parties and are not uniform.”

In 2007, the Illinois Senate passed SB733 without dissent. It then went to the Madigan controlled House of Representatives where it died in committee. SB733 would have leveled the playing field for all candidates and would have changed the Illinois legislation to actually reflect its Constitution.

Pearcy added, “If Illinois voters ever want to see a constitutional restoration and an elimination of corruption in the state, they must realize that it will never come through the two-party-duopoly (otherwise known as the Republican and Democrat parties).”

“The focus is building the Constitution Party for the next two years to ensure that no one will be able to eliminate us from the ballot in 2016. Will you join us?” Asked Stufflebeam.