On September 11, Bill Redpath, Libertarian Party nominee for U.S. House, Illinois Sixth District, won his ballot access lawsuit in state trial court. Bixler v Illinois State Board of Elections, Sangamon Co., 20 MR 775.
The Illinois Board of Elections had determined that Redpath had enough valid signatures. Persons associated with the Republican Party then sued the State Board, arguing that he should be removed from the ballot. The basis for the challenge was that the some of his signers had already voted in the March 2020 primary. The challengers showed that if the primary voters were excluded, then Redpath didn’t have enough valid signatures.
There is no Illinois law saying that primary voters can’t sign for an independent candidate, or the nominee of an unqualified party. There was once a law barring primary voters from signing for an independent candidate, but it had been repealed in 1975. Nevertheless, the objectors claimed that it is intrinsically true that a primary voter can’t sign a general election petition, because that is equivalent to “voting twice.”
Here is the 3-page court order. It does not discuss the theory set forth by the objectors. It just says the decision to put Redpath on the ballot is in accord with the law.
WHERE IS THAT MODEL ELECTION LAW ???
— TO N-O-T HAVE THE TYPICAL OBJECTION JUNK AS IN THIS CASE.
I thought he would win. The grounds for the challenge lacked any real merit.
Republicans up to usual bullying tactics, I see. Glad justice prevailed in this case. Congratulations, Bill!
Excellent.
In a somewhat similar case a judge in Oregon ruled that a Libertarian should stay on the ballot despite a challenge from the Republican opponent. It would be sweet for the Libertarian to turn around and beat this QAnon slurping Republican.
Was pretty much an open and shut case. The arguments made by Frances Bixler, Mary Perkins and legal counsel Jeffrey Meyer tried pushing this narrative before the Board of Elections. The Board’s legal counsel Marni Malowitz was the one who essentially invalidated the argument during the Board of Elections’ August 21 ballot certification meeting.
Audio archive: https://www.heartlandnewsfeed.com/2020/08/21/audio-podcast-illinois-state-board-of-elections-ballot-certification-meeting-august-21-2020/
I knew that at some point, their case would be invalidated in Sangamon County Court, but it would interesting what kind of crap will take place when the appeal goes to the Fourth Appellate Court District…which the hearing would be well past the general election (presumably mid-to-late November).