Greens Sue Illinois for Ballot Access

Summers v Smart

On July 15, the Illinois Green Party, with Scott Summers, gubernatorial candidate, as lead plaintiff, filed suit against the State Board of Elections in Federal Court.

The docket number is 14-cv-5398. (The case is called Summers v Smart as the first-named defendant is Jesse Smart, Chairman of the Illinois State Board of Elections.)

A PDF of the complaint can be found here.

This is the text of the press release which went out shortly after the complaint was filed:



Scott Summers, Green Party candidate for Governor, and the slate of Green Party statewide candidates, have filed a lawsuit in federal court seeking to halt the state’s “binder check” process and have key provisions of the Illinois Election Code ruled unconstitutional.

On June 23, the Green Party filed over 29,000 signatures to place Summers, U.S. Senate candidate Omar Lopez, and five other statewide candidates on the November ballot. A week later, the petition was challenged by Karen Yarbrough, Cook County Recorder of Deeds and long-time ally of Governor Pat Quinn.

“Voters want to see more than just one or two candidates on their ballots,” Summers says. “My campaign and this lawsuit challenge the election laws that choke off choice.”

The lawsuit makes three distinct allegations:

* The “binder check” process which is used to review petitions is unconstitutional, because it is biased against petitioning candidates, is subject to on-the-spot rules changes every year, and requires many hours of effort on the part of candidates and supporters to defend signatures. No other state uses such a system.

* The “full slate” law which requires non-established parties to field candidates for all offices at a given jurisdictional level is unconstitutional for several reasons, especially equal protection and due process arguments under the 1st and 14th Amendments. In numerous counties either the Republicans or Democrats fail to field candidates for all county offices, yet the law demands that if a “new” party candidate wishes to run for county office, he or she must be part of a “full slate” for all county offices. Similarly, to run for Governor, a “new” party must field candidates for all other constitutional offices, whether they wish to or not.

* The notarization requirement for petitions is unconstitutional as it drastically limits approaches to organizing petition drives and yet fills no compelling state interest. Because petitions must be notarized, would-be signers cannot download a petition, sign it, and send it off, without first finding a notary, substantially curtailing their freedom of association.

The full slate of candidates includes Scott Summers of Harvard; Omar Lopez of Chicago; Bobby Pritchett Jr. of Roseville for Lieutenant Governor; David Black of Belvidere for Attorney General; Sheldon Schafer of Peoria for Secretary of State; Tim Curtin of Berwyn for Comptroller; and Julie Samuels of Oak Park for Treasurer. The candidates are joined in the suit by the Illinois Green Party, and by Rita Maniotis, Green Party Berwyn Township Committeeperson, who personally collected over 4,000 signatures.

“Over 100 of us have done a massive amount of work to get on the ballot,” said Maniotis. “We have been burdened with these unfair requirements for years, and are forced to seek relief in the courts from rules meant to exclude third parties.”

Lead counsel for the plaintiffs are Chris Kruger of Evanston and Andrew Finko of Chicago. Last January, the Green Party and congressional candidate LeAlan Jones won injunctive relief in federal court against Illinois law governing signature requirements for special congressional elections.

“Our argument is solid and based on substantial federal case law,” said Kruger. “We shouldn’t have to go to federal court to fight for basic democratic rights, but this is Illinois.”