Illinois election law says that only three ballot measures may appear on the ballot. If more than three are submitted, only the first three may qualify. On June 14, the Seventh Circuit upheld this law. Jones v Qualkinbush, 17-1227. Here is the nine-page opinion.
The plaintiff, who had sponsored a city initiative in Calumet City, argued that the law isn’t fair. Because the city council can put ballot questions on the city ballot quickly, if the city council learns that a city initiative is circulating and is likely to qualify, the city council can immediately stop that initiative by putting three ballot measures of their own choice on the ballot. Thus the initiative is stymied. But the Seventh Circuit said there is no federal constitutional right to initiatives anyway, so the state law doesn’t violate the U.S. Constitution.
Surely to be copied in other ANTI-Democracy gerrymander regimes.
Reads like the 7th Circuit decision is by the law – that is legal – but certainly not fair to the initiative circulators. In other words, this decision points out that there can be a great deal of difference between LAW and JUSTICE.
One of the very few things reducing TOTAL revolution in the USA is voter petitions for State Const Amdts and laws.
About 20-30 States do NOT have either and are explosive pressure cooker gerrymander regimes–
quite ready to blow up.
Stay tuned for the pending 2-3 SCOTUS gerrymander cases by early July 2018.