Illinois Supreme Court upholds unconstitutionality of Democrats’ law banning slating of candidates

SPRINGFIELD, Illinois — The Illinois Supreme Court on Friday upheld a lower court’s ruling that struck down a law that political parties in choosing candidates before the General Assembly when no one participated in the primaries.

The court’s decision was not based on the merits of the case: two justices withdrew from deliberations and the court failed to secure the four votes needed to render a valid judgment.

The law, passed in May by the Democratic majority and Governor JB Pritzker, ended the long tradition of parties “shaming” candidates.

It was intended to help Democrats win the November election and effectively prevented Republicans from fielding candidates after no one showed up on the ballot in the March primary. Draftees were eligible as long as they collected the required number of petition signatures by the June 3 deadline.

But a Sangamon County judge ruled in June that the law that has been unconstitutionally intervened in with the right to vote, which also means that you have access to the ballot paper to run for a particular office.

The Illinois State Board of Elections continued to accept petition signatures and rule on the eligibility of candidates to be on the ballot.

Justices P. Scott Neville and Joy V. Cunningham, both Democrats, have recused themselves from the high court’s deliberations but have not said why. Such decisions are a matter of judicial discretion and justices are not required to reveal the reason, court spokesman Christopher Bonjean said.

With the rest of the seven-judge court divided, “it is not possible to obtain the constitutionally required consent of four justices for a decision,” the ruling said.

The Court added that the ruling carries the same weight as a ruling confirming the opinion of the lower court, but has no value as a precedent for future decisions.