On August 23, the Illinois State Supreme Court issued a one-paragraph decision in Collazo v Illinois State Board of Elections.  This is the case over whether a new Illinois ballot access restriction that was passed this year can go into effect this year.  The lower court had ruled that it is unconstitutional for the state to deprive qualified parties of the ability to nominate legislative candidates after the primary is over, and to make the new restriction effective immediately.

The new law is still in place, but it can’t be applied this year.

Here is the one-paragraph order from the Illinois Supreme Court, explaining that precedential decisions need four votes, but in this case neither side got four votes.  That is because two members of the seven-member court had recused themselves.  The court did not say whether the vote was 3-2 in favor of the plaintiffs, or 3-2 in favor of the defendants.  It doesn’t matter, because when the Supreme Court can’t reach a decision, the lower court ruling stands.