This change to Illinois election law denies voters a choice at the ballot

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 3, Gov. J.B. Pritzker signed Senate Bill 2412 into law (becoming Public Act 103-0586). The passage of a bill that amends the Illinois Election Code would generally be unremarkable, if not for the remarkable speed with which this bill passed the General 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.

Voters’ faith at risk, at a time of extreme partisanship

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 1 and introduced to the Senate on May 2, 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.

Illinois Republicans have now sued over the law, saying the majority Democrats are blocking ballot access to potential candidates.

Complicating the situation more is 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 will object to the law and file another lawsuit, 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 before taking a vote.

But more importantly, we encourage you to let them know that voters expect better. Voters expect and deserve a voice.

Becky Simon is president of the League of Women Voters of Illinois.

The Sun-Times welcomes letters to the editor and op-eds. See our guidelines.

The Democracy Solutions Project is a collaboration among WBEZ, the Chicago Sun-Times and the University of Chicago’s Center for Effective Government, with funding support from the Pulitzer Center. Our goal is to help listeners and readers engage with the democratic functions in their lives and cast an informed ballot in the November 2024 election.