Illinois Supreme Court sides with GOP, upholds unconstitutionality of ban on slating candidates

In a setback for Illinois Democrats and Gov. JB Pritzker, the Illinois Supreme Court has upheld a downstate judge’s ruling that found unconstitutional a Democrat-passed law preventing the slating of legislative candidates for the November election in races where political parties did not field contenders.

The high court’s ruling Friday was not typical of the seven-member body, which is made up of five Democrats and two Republicans. Two of the justices, Democrats P. Scott Neville and Joy Cunningham, recused themselves while the remaining five justices were divided enough that the court couldn’t make a ruling. Under the Illinois Constitution, four concurring justices are needed to decide on cases before the court.

As a result, Sangamon County Judge Gail Noll’s ruling in June was upheld by default — but only for the November election.

Noll earlier this year declared the election law — signed by Pritzker on May 3 — unconstitutional because it “impermissibly burdens” candidates who had been following the previous law from “their right to vote and to have their names placed on the November ballot.”

Before Democrats moved to change the law, local Democratic and Republican committees regularly filled vacancies for legislative spots on the general election ballot in races where no candidates from their party had run in the primary. The candidate slated by the political party was still required to obtain candidacy petition signatures to run in the general election.

Under the decision, the new law stays on the books. That means, if there is no law change, political parties beginning in the 2026 elections will have to run candidates in the primary in order for those candidates to appear on the general election ballot.

Pritzker has defended the constitutionality of the new law, saying it forced candidates to run in the primary and prevented “backroom deals” where “some small group of people in a smoke-filled room” decided who would run in the general election. But the attempt to block slating was viewed by many, especially Republicans, as an effort to give the Democrats a boost in the Nov. 5 general election before a vote was even cast. Democrats in Springfield already hold sizable supermajorities in the House and Senate and the GOP’s inability to slate opponents for late general election challenges would only help Democrats keep their advantage.

The court case was brought by the conservative Chicago-based Liberty Justice Center on behalf of GOP candidates who were circulating petitions for the November ballot when Pritzker signed the new law, which had an immediate effective date.

Illinois Senate Republican leader John Curran of Downers Grove on Friday welcomed the Supreme Court’s decision.

“Gov. Pritzker once again signed a purely partisan law that violated the constitutional rights of Illinois citizens. This latest attempted power grab by Gov. Pritzker and the legislative Democrats that would have reduced voters’ choice in the upcoming election was thankfully rejected by the courts for the final time, and voters, rather than politicians, will have the final say on Election Day,” Curran said in a statement.

Pritzker’s office had no immediate comment Monday about the Supreme Court decision.

Republicans contended Democrats rushed the measure to protect one of the party’s few downstate House Democrats from a challenge. But Jay Keeven, the slated GOP challenger to Democratic state Rep. Katie Stuart, of Edwardsville, had gathered enough signatures and filed to get on the ballot with the Illinois State Board of Elections before Pritzker signed the new bill into law.

“After losing at a lower court, the Illinois Democratic Party appealed directly to the Illinois Supreme Court and lost. As I have said every time, with each attempt to kick me off of the ballot, our campaign continues to gain momentum,” Keeven said in a statement Monday.

At least three other GOP candidates also will be allowed to run for House seats in November against incumbent Democrats in light of the high court’s ruling. They include Republican Donald Puckett, who is running against incumbent Democratic state Rep. Anna Moeller of Elgin; an Aurora-area race in which Republican Teresa Alexander is running against incumbent Democratic state Rep. Barbara Hernandez; and a Northbrook race in which Republican Daniel Behr will face off against incumbent Democratic state Rep. Tracy Katz Muhl.

Not affected by Noll’s ruling are provisions of the law that also will place three nonbinding advisory proposals on the November ballot. The first asks voters if earners of $1 million or more annually should be taxed extra to pay for property tax relief. The second asks if candidates for office should face civil charges for attempting to interfere with election workers. And the third asks whether voters favor insurance coverage protections for in vitro fertilization.

A maximum of three nonbinding proposals are allowed on the ballot and the move by Democrats was aimed at crowding out attempts by conservatives to try to place their own advisory question asking if parental consent should be required for gender counseling, therapy or modification procedures.

Chicago Tribune’s Olivia Olander contributed to this story.