Illinois Senator Ram Villivalam (D-Chicago) has introduced SB 1830. It sets out a procedure for a party that nominates by primary to replace any nominee, if that nominee is found to be associated with any Communist, Fascist or Nazi Group, or if the nominee has engaged in “hate speech”. A petition can be circulated to trigger the procedure. It needs the same number of signatures that were required for the candidate to have qualified for the primary ballot. Only people who voted in that primary may sign.
If the signatures are collected, then the appropriate political party committee may then vote on whether to replace the nominee.
The Illinois election code still contains another provision, banning any Communist, Nazi or Fascist Party from the ballot. This was was held unconstitutional in federal court in 1942. It was the first ballot access law ever invalidated by a federal court. The state did not appeal, but the law has never been replaced. The same law was also held unconstitutional in 1972. Apparently the plaintiffs, the Communist Party and the Socialist Workers Party, did not know when they filed their 1972 lawsuit that the law had already been declared unconstitutional in 1942.