Illinois Legislature Revives and Passes Dormant Bill to Restrict Who Can Run as Independent Candidates

In 2011, the Illinois House passed HB 2009, which says that no one who voted in a primary, or who filed a declaration of candidacy to run in a primary (but who then chose not to run in that primary), can then be an independent candidate in November. The law applies to all partisan office. The bill then languished in a Senate committee for almost a full year.

Illinois held its primary this year, for president and all other office, in March 20, 2012.

Then, on March 27, HB 2009, which had long been forgotten, was shifted to another Committee in the Senate. On March 29 it passed the Senate 53-3. Governor Pat Quinn signed it the next day. It has an urgency clause so took effect on March 30. So now anyone who voted in the Democratic or Republican primary on March 20 this year cannot run for any partisan office in November as an independent candidate.

This maneuver almost certainly violates due process. It is fundamentally unfair to pass a law that adversely affects primary voters after the primary is over and to make it effective so that it affects this year’s general election.

Illinois does not have registration by party. If this law had been in effect in 1980, it would apparently have prevented John B. Anderson from getting on the ballot as an independent candidate, since he voted in the March 1980 Republican presidential primary. He didn’t declare as an independent until April 24, 1980.


Comments

Illinois Legislature Revives and Passes Dormant Bill to Restrict Who Can Run as Independent Candidates — No Comments

  1. Re-posted from;
    http://www.lp.org/blogs/staff/presidential-candidates-submit-statements-for-lp-news

    My name is James Orlando Ogle. My logo is Joogle, and Google derived from my logo in 1997 because I started a virtual parliament that allows all voters to work in unity based on marked ballots kept as proof under ranked choice majority voting, while giving every voter more liberty to self-categorize as they wish.

    I have innovated the ranked choice consensus voting system which guarantees that legislation can be approved by allowing multiple alternatives to be ranked, the more the better, so that items with 100% approval can be approved by consensus.

    In addition, ranked choice majority voting can be used to find alternatives in Congress, where any item receiving 50% plus one vote can be considered approved by a simple majority, thus doing away with all the fighting and bickering that you’re used to seeing in politics.

    I won the Libertarian Party primary with 52.7% of the total votes cast on these planks, along with philosophy of the the non-initiation of force, smaller government and more liberty. Please see USParliament.org for more information:
    http://www.usparliament.org/google2012.php

  2. The act does NOT prevent those who “took out papers to run in a primary” from running as an independent candidate. It prevents those who have either (1) filed a statement of candidacy, or (2) voted the ballot of an established political party. Candidates are not required to file a statement of candidacy in order to “take out” nomination petitions (The statement of candidacy is normally filed at the same time the petition is filed;) and in fact, many candidates never “take out” nomination petitions in the first place–instead opting to design their own that meet the legal requirements AND add useful fields, such as “printed name” when the law, and provided “sample” petitions, provide only “signature.”

  3. One more const amdt sentence —

    ALL election laws in force as of X days before the election — to prevent the robot party hacks from doing their EVIL machinations.

  4. Pingback: Illinois Legislature Revives and Passes Dormant Bill to Restrict Who Can Run as Independent Candidates | ThirdPartyPolitics.us

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.