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Federal court turns thumbs down on state elections board’s Hail Mary appeal

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Illinois

* The 7th Circuit US Court of Appeals has affirmed Judge Rebecca Pallmeyer’s preliminary injunction allowing for far fewer petition signatures for third party and independent candidates…

The eight members of the Illinois State Board of Elections (the “Board”) appeal from the district court’s preliminary injunction and its partial denial of the Board’s motion to reconsider. The Board argues that the district court had no authority to rewrite Illinois’s statutory requirements governing ballot access and deadlines, but ignores the specific circumstances leading to the preliminary injunction. We conclude that the district court did not abuse its discretion when it entered a preliminary injunction drafted by the Board and agreed to by the parties or when it granted reconsideration in part. […]

Once again in its appellate briefs the Board asks this court to reverse the district court’s decisions and permit the Board to determine the best options for balancing the plaintiffs’ interests with the statutory ballot access requirements in Illinois.

In doing so, the Board devotes not a word to addressing the harm this would cause to candidates and parties who have relied on the agreed preliminary injunction order. Nor does the Board explain how it would make the relevant determinations regarding ballot access, but any change made now, after the deadline for submitting signatures has passed, is certain to severely limit or prevent third-party or independent candidates from accessing the November ballot. The Supreme Court has instructed that federal courts should refrain from changing state election rules as an election approaches.

In reviewing the claims before us, we decline to allow the Board to change the ballot-access requirements on the eve of the deadline for certifying the final contents of the ballot. Indeed, the Purcell principle takes on added force where, as here, the Board seeks to challenge injunctive relief that it initially agreed was necessary and proper. And only after engaging in meaningful delay, including in pursuing this appeal, did the Board change course and put at risk the reliance the plaintiffs have placed in the orders entered by the district court. [Emphasis added.]

Unless the US Supreme Court steps in, this means the challenge to Willie Wilson’s US Senate bid is kaput.

Also, the board couldn’t make the changes even if it wanted to. It had already argued that only the General Assembly can do things like change deadlines, etc.

The State Board of Elections meets tomorrow to certify the ballot.

posted by Rich Miller
Thursday, Aug 20, 20 @ 1:24 pm

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