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Independent congressional candidates crash into legal realities

Tuesday, Jul 21, 2026 - Posted by Rich Miller

* Sun-Times

Two independent candidates vying for U.S. Rep. Jesus “Chuy” Garcia’s Congressional seat will not appear on the November ballot after the Illinois State Board of Elections on Tuesday ruled that both did not submit the minimum number of valid petition signatures — 10,816 required to run as an independent candidate.

Both Mayra Macías and Ald. Byron Sigcho-Lopez (25th) will not appear on the ballot, leaving Lyons Mayor Chris Getty as the only independent to make it to the ballot. There were no challenges filed against Getty’s petitions. Patty Garcia, Rep. Garcia’s chief of staff, is running for his seat after the congressman abruptly dropped out of the race and raised eyebrows by quickly helping her get enough signatures to make a tight deadline. […]

State Board of Elections general counsel Marni M. Malowitz said Mayra Macías submitted 9,758 valid signatures, which is 1,058 fewer than was required. In one instance, a petitioner provided a wrong home address, so 101 of the signatures she collected were tossed. In another, a petition circulator was also getting signatures from other Democratic candidates, which is not allowed for independent candidates. In other cases, signatures were not valid. […]

Macías, who was at the hearing, criticized the process, saying she was given just three days to prove many signatures were legitimate. She also said “the spirit of the law is being completely broken in this race.”

The spirit of the law was followed to a “T”. The whole point of these state ballot access laws is to hinder ballot access.

Sigcho-Lopez vowed to take his case to the Illinois Supreme Court.

If the idea of this bid was to set up a court case, then go for it, but I kinda think that isn’t the case. But if the idea was to actually qualify for the race and set up a 2028 primary bid, then they both should’ve worked harder and better because the rules were clearly stacked against them.

Sounds mean to say, but it’s just Illinois reality. And reality bites here for indies.

       

15 Comments
  1. - Three Dimensional Checkers - Tuesday, Jul 21, 26 @ 1:00 pm:

    It is a law written by incumbents to protect incumbents as the election attorneys say.

    It is maybe a little fishy to me that these two lost but CTU’s school board picks survived at the Chicago Board of Elections.


  2. - btowntruth from forgottonia - Tuesday, Jul 21, 26 @ 1:04 pm:

    It does bite.
    I would like to see a lower threshold for signatures required for candidates to get on state ballots.
    7,000-8,000 sounds reasonable IMO.


  3. - Rich Miller - Tuesday, Jul 21, 26 @ 1:09 pm:

    ===little fishy to me that these two lost but CTU’s school board picks survived===

    CTU was on home turf and the requirements were lower.

    These two were apparently in over their heads.


  4. - DuPage Saint - Tuesday, Jul 21, 26 @ 1:24 pm:

    I have never understood how these ridiculous signature requirements for an independent have survived an equal protection challenge. I certainly know the reason for them and they do work but the in your face of it is outstandingly bold


  5. - Bears Fan - Tuesday, Jul 21, 26 @ 1:27 pm:

    After a remap, the signature requirement for independents and 3rd party candidates for Congress is 5,000 regardless of the district. That seems to me to be a fair threshold and I’d like for it to apply to non-redistricting years as well. However, as Rich said, the petition requirements are designed to keep people off the ballot


  6. - Bears Fan - Tuesday, Jul 21, 26 @ 1:32 pm:

    The “dual circulator” prohibition of the election code at issue with the CTU candidates is a bit more complicated. The election code is clear that someone can’t circulate for an independent in the same cycle after circulating for Democrats or Republicans. The question of whether that applies to nonpartisan candidates like school board members is not as explicit and requires complicated statutory interpretation of the election code, which is why I expect it to be appealed


  7. - Frida's Boss - Tuesday, Jul 21, 26 @ 1:33 pm:

    Know the law, or know you’re not going to succeed, and do performance theater claiming injustice for yourself.
    Guess we know which way this went.


  8. - regular democrat - Tuesday, Jul 21, 26 @ 3:35 pm:

    Chris Getty cant be happy about this. I cant imagine he will continue his campaign. Doesnt seem to be a path to victory.


  9. - Friendly Bob Adams - Tuesday, Jul 21, 26 @ 4:16 pm:

    Haven’t looked at this in a while, but it’s worse than I remember:

    “In Illinois, independents must submit a minimum of 10,816 petition signatures, compared to just 697 for Democrats and 371 for Republicans.”

    I wish them luck with a legal challenge. That difference is impossible to defend.


  10. - Leslie Dimas - Tuesday, Jul 21, 26 @ 5:03 pm:

    First of all shoutout and kudos to Ed Mullen on his win. Second,
    I was extremely critical of Patty. But I now see her strategy was defensive, meant to deter local MAGAcrats with close ties to this administration.

    It really bothered me that Macías had a team of DC veterans, social media influencers, donors and allies. She even brought celebrity friends to canvass for her. That type of DC centered celebrity politics is exactly how we as a party lost Latino and working class voters. No one cares about celebrities when you can’t pay for gas, groceries or rent.

    A candidate cannot parachute in and try to stake a claim in Chicago politics without doing the work first. If you want to change the system, you have to know the system. You have to do the ground work. You disagree on how Patty Garcia’s got on the ballot, you can never say she didn’t do the work.


  11. - New Day - Tuesday, Jul 21, 26 @ 6:34 pm:

    The difference is absurd but it is also extremely well known. Their failure to gather the requisite number of signatures, especially Sigcho-Lopez’s, is just an indictment of their ability to organize. Yes, let’s change the law. But you know what you were getting into when you went down this road. Surprised nobody else has said this, but politics ain’t beanbag, so just ask Alice Palmer how it works out for you when you don’t file enough sigs. Can’t see how appealing to the Supremes is gonna help.


  12. - low level - Tuesday, Jul 21, 26 @ 7:50 pm:

    Looking ahead to 2028, Byron would seem to have the best chance in a Dem primary should he decide to run. DSA types have been winning around the country. Or is there a stronger lefty candidate in that district? I’d love to hear people’s opinions.


  13. - ZC - Tuesday, Jul 21, 26 @ 8:02 pm:

    All I have to add is, I was always told, submit at least twice the number of signatures you need, to withstand a petition challenge.

    For indies in this case, that’s legally impossible - they’d need to collect and submit over 21,000 signatures, but they’re capped at submitting a bit over 17,000.

    I know they’re supposed to vet them carefully and they have several thousand signatures “cushion” - but relative to the cushion percentage most other candidates have, to throw in extra signatures, I personally find that part especially unfair to the indies. They should be allowed to submit at least 20K.


  14. - Watchdog - Tuesday, Jul 21, 26 @ 8:06 pm:

    The signature requirement for independent congressional candidates in IL is one of the most onerous in the nation. In 2016 Springfield US District Court Judge Sue Myerscough ruled it unconstitutional & ordered David Gill’s name to be printed on the ballot, but the US Court of Appeals reversed her. Independent candidates for statewide office only need 25,000, but if you add up the required signatures for independents in all 17 Congressional Districts it would exceed 170,000. The legislature should at least make the requirement proportional to the statewide requirement, but it probably never will.


  15. - maybe - Tuesday, Jul 21, 26 @ 9:56 pm:

    ==The whole point of these state ballot access laws is to hinder ballot access==

    I thought we stood for access not hindering, are we Nicaragua?


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