David Gill, an independent candidate for U.S. House in the Illinois 13th district, has been challenged off the ballot. He needs 10,754 valid signatures and he was found to have only 8,593. According to this story, he will soon file a lawsuit challenging the number of signatures needed by independents for U.S. House in Illinois.
In all of Illinois history, no petitioning candidate for U.S. House in the general election has ever overcome a petition requirement greater than 9,698, if the petition was challenged. The toughest petition requirement ever met by an Illinois petitioning candidate who was challenged was the 9,698 required in 1974 in the 15th district. That candidate was K. Douglas Lassiter. Thanks to Phil Huckelberry for the link.
The justification for such ridiculously high requirements–the state’s compelling interest in avoiding ballot clutter and voter confusion–is bogus, considering the number of unopposed candidates that run in Illinois.
1. Every election is NEW.
2. EQUAL ballot access tests for ALL candidates for the same office in the same area.
3. Way too many MORON lawyers doing ballot access cases since 1968.
Incredibly, Illinois courts have ruled that the requirements are ALREADY equal for all candidates of parties “in the same class.” In other words, all established parties are treated the same; and all new parties are treated the same. Until there’s a state constitutional provision that explicitly stipulates that the state shall provide no preference or advantage to ANY political party, to the detriment of any other party or independent, Democrats and Republicans will continue to adopt rules that privilege themselves, despite Article III, Section 3, which already states, “All elections shall be free and equal.”
Actually, I recall Rich Whitney telling me that Paula Bradshaw’s 2012 petition for the IL-12th Congressional District was challenged, but she was allowed on the ballot after it was found that the objector had filed their own paperwork incorrectly. I’m not sure if the requirement in that election was greater than 9,698, but it is still a fascinating ballot access story.
Joshua, in years that end in a “2”, the requirement for independent candidates for U.S. House in Illinois, and the requirement for the nominees of unqualified party, is always exactly 5,000 signatures. So in 2012 Paula needed 5,000.
It is true that an objection has legal requirements, just like nominating petitions do. I’ve always broken these requirements into must, must not, and not mentioned / optional; so for example while the voters’ signatures and addresses are required on nominating petitions in Illinois, printed names are not. Printed names are not prohibited either; but if you don’t have them, it’s much more difficult to survive a challenge. The sample petitions provided by election authorities contain only those fields required by law; so it’s actually better to make your own petition, especially considering that the election authority is under no obligation to guarantee their sample is legally compliant. I’m aware of at least one case where a candidate was successfully challenged because they relied on insufficient sample petition, provided by the state.