Illinois Supreme Court confirms Democrats’ law banning slating of candidates as unconstitutional

The Illinois Supreme Court has upheld a prior ruling that invalidated a law preventing political parties from selecting candidates for the General Assembly in instances where no one ran in a primary. The court’s decision was not based on the case’s merits as two justices recused themselves, resulting in the court lacking the necessary four votes for a valid opinion.
The legislation, supported by majority Democrats and Governor J.B. Pritzker, aimed to end the practice of parties endorsing candidates, hindering Republicans from nominating candidates when no one ran in the primary. Potential candidates could still be drafted if they gathered the required petition signatures by a June 3 deadline.
A judge in Sangamon County deemed the law unconstitutional in June, stating that it infringed upon the right to vote, specifically the ability to access the ballot as a candidate for office. Despite this ruling, the Illinois State Board of Elections continued to accept petition signatures and assess the eligibility of candidates for the ballot.
Justices P. Scott Neville and Joy V. Cunningham, both Democrats, recused themselves from the deliberations without providing a reason, as per judicial discretion. With the remaining court members unable to reach a consensus, the court could not fulfill the constitutional requirement of four judges concurring on a decision.
The court clarified that while its ruling validated the lower court’s decision, it would not serve as precedent for future cases.