Commentary on Recent Illinois Court Decision That Allows Candidate “Slating” to Continue for 2024 Election

Here is a commentary from UC Davis Law Professor Vikram David Amar on the recent Illinois State Court decision that ruled unconstitutional (for 2024 only) a recent law passed in Illinois that bars “slating,” or the placement of candidates of established parties on General Election ballots, after the Primary date, when a party did not have a candidate in that district who gathered a sufficient number of signatures to appear on the Primary ballot in that district. This was because the court found that the law change was changing the rules in the middle of the election process for 2024.

In future years, the law will be to the detriment of Illinois voters, as there will be fewer contested General Elections in Illinois.

North Dakota Passes Candidate Age Restriction Constitutional Amendment

The North Dakota Constitutional Amendment passed yesterday with a 61% Yes vote (a majority vote was needed) that bars candidates for US House or US Senate who would attain their 81st birthday by December 31 of the year preceding the year in which their term ended.

So, this could stop some people who are younger than 79 years (for US House elections) and younger than 75 years (for US Senate elections) on Election Day from seeking office.

This will likely face legal challenges based on the US Constitution and prior rulings that qualifications for federal offices cannot be more than those stated in the US Constitution (e.g., the US Term Limits decision of the US Supreme Court).

Here is the story from NBC News.

Two Lawsuits Aim to Keep RFK, Jr. Off the Ballot in New York State

Here is a story about a lawsuit filed in Nassau County.

Here is a story about a lawsuit filed in Dutchess County.

Here is a link to the Complaint in the Dutchess County litigation.  

The Dutchess County lawsuit fails to note that, while Kennedy and Nicole Shanahan, his VP running mate, both live in California, one of them could move to another state before January 6, 2025, which would allow them to receive California electoral votes, in the event that they won the presidential election in that state.

Given the numbers presented in the USA Today article about the Nassau County lawsuit, the Kennedy/Shanahan ticket would need a signature validity rate of only 30.79% in New York. The suit alleges that only 21.31% of the petition signatures are valid.

The Dutchess case is Cartwright v Kennedy, 52389/2024.  The Nassau case is Smith v Kennedy, 000427/2024.