Peoria Standard

The Illinois Supreme Court recently upheld a lower court ruling that declared a controversial election law passed by Illinois Democrats unconstitutional. Senate Bill 2412, referred to by House Republicans as the “Katie Stuart Protection Act,” aimed to end the practice of allowing local party organizations to appoint candidates to the ballot for the general election in uncontested legislative races. This slating process requires candidates to collect and file signed petitions from registered voters within their district, but Democrats sought to eliminate it entirely.

Rep. Katie Stuart, a Metro East Democrat, faced no opposition in the March Primary. However, local Republicans slated a candidate and filed the required petition signatures with the Illinois State Board of Elections hours before SB 2412's final passage. Governor JB Pritzker signed the measure into law shortly after telling reporters he had not seen all its details.

House Republican Floor Leader Patrick Windhorst criticized the rushed process following the bill's passage through the House.

“The process that led to this legislation passing through the House in just a single day shows just how far the Democrats will go in flexing their political muscles under the Statehouse dome. A bill like this that changes so much about our elections, adds questions on major issues to the ballot, and stifles the power of the minority party to appoint candidates to the ballot deserves thorough debate. This legislation was barely on the calendar before it cleared the House. This is not the best that we can do for the people of Illinois.”

Deputy House Republican Leader Ryan Spain also denounced what he described as political games by Democrats.

“The Democratic Majority has the ability to put real questions on the ballot, such as Fair Maps and critically needed Ethics Reform; but today they chose to play games. It’s disingenuous. They are disenfranchising voters and suppressing competition: what this bill intended. In short, this initiative prevents choice and competition in our elections. The rules shouldn’t be changing in the middle of an election cycle.”

Previously, political parties had a 75-day window following primary elections to slate candidates where no primary candidate had run. This provision allowed parties to ensure representation even if primaries failed to produce nominees. The new law eliminated this practice, compelling parties to rely solely on primary candidates for general elections—a move perceived by many as reducing competition and securing Democratic incumbents' positions.

The law was immediately challenged in court on grounds that it unconstitutionally interfered with electoral processes by violating rights of candidacy and voter choice—a sentiment echoed by multiple House Republicans who saw it as protecting vulnerable Democratic incumbents.

Sangamon County Circuit Judge Gail Noll ruled against SB 2412, issuing a permanent injunction against its application in 2024 elections. Judge Noll criticized its timing, stating it impermissibly burdened plaintiffs’ rights by altering rules mid-election cycle despite legislative authority over election laws.

Illinois Democrats appealed swiftly but were ultimately unsuccessful as Illinois’ highest court upheld Judge Noll’s decision.

Following this outcome, Rep. Windhorst remarked:

“This ruling is a victory for democracy and voter choice. The decision represents a significant check on the power of state’s Democratic majority ensuring that at least for this election cycle voters will have opportunity choose from full slate candidates.”