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The United States has a long history of using primary elections to whittle down the field of candidates for our major parties. While not flawless, primaries allow voters from each of the parties to democratically elect the candidate who will represent them in a general election. When only one candidate is either running for or nominated by the party’s leadership, then, of course, no primary is needed. That one candidate simply advances to the general election.
On May 3rd, Governor Pritzker signed Senate Bill 2412 into law (becoming Public Act 103-0586). The passage of a bill which amends the Illinois Election Code would generally be unremarkable if not for the remarkable speed with which it passed the Generally Assembly and its likely long-term impact on how political parties select candidates to represent them in our general elections.
Of note is the amendment to the election code that removes almost all exceptions and limits voter choice by stating “…if there was no candidate for the nomination of the party in the primary, no candidate of that party for that office may be listed on the ballot at the general election.” In other words, if, after the primary, a candidate from one party is going to run uncontested in the general election, an opposing party MAY NOT nominate a candidate to run against him/her in the general election.
It is hard to imagine how passage of this bill serves the interests of the citizens of Illinois.
The League of Women Voters encourages practices that provide the broadest voter representation possible, are expressive of voter choices, and encourage those with minority opinions to participate. The League believes in representative government with elected legislatures that proportionally reflect the people they represent, and we support systems that inhibit political manipulation.
Instituting unnecessary legislation that denies voters a choice, especially when it restricts ballot access for one of the two major political parties in Illinois, runs counter to these beliefs, and is inconsistent with democratic principles in general.
Equally troubling is that a majority party would push such legislation through the General Assembly along partisan lines in only two days. The bill was introduced in and passed the House on May 1st, and introduced to the Senate on May 2nd where it passed that same day. Over 36% of lawmakers abstained from the vote presumably because they had not been given sufficient time to review and debate the bill.
Complicating the situation more is that the bill passed and became effective right in the middle of an election cycle. And it appears the General Assembly did so without consulting with the Illinois Board of Elections or considering the impact and cost of likely litigation.
The Illinois Board of Elections has already accepted candidate filings for the general election, and figures to keep accepting them through June 3 which was the original deadline. Whether citizens or political parties will object to the law and sue, or whether candidates will use the new law to contest the slating of opponents remains to be seen. Regardless, the fallout is likely to result in claims of stolen elections that will resonate for years to come, and reduce voters’ faith in an already highly politicized and partisan environment.
Finally, the General Assembly’s hurried action denied the public the benefit of appearing at hearings and the opportunity to voice any concerns they had to their elected officials. The League of Women Voters believes in transparent and responsive government, something the citizens of our state were denied as part of this process.
Although after-the-fact, we encourage voters to write to their representatives in Springfield and voice their concerns about passage of SB2412. You may want to recommend delaying the bill’s implementation, or passing a law that requires a hearing on all partisan bills and no fewer than three days’ notice to all lawmakers prior to taking a vote. But more importantly, we encourage you to let them know that voters expect better. Voters expect and deserve a voice.
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