Libertarians Fight For Ballot Access In Illinois

Ballot Access News had a great post recently on Libertarians in Illinois called “Illinois Libertarians File Final Brief in Case Challenging “Full Slate” Requirement” where the author, Richard Winger, had the following information:

On July 15, the Illinois Libertarian Party filed this final brief in U.S. District Court, in its lawsuit to overturn the unique Illinois law that requires newly-qualifying parties (but not other parties) to run a full slate of candidates. The state will then file a response and then the court will make a decision. Earlier in this same case, another U.S. District Court Judge already enjoined the requirement.

From the conclusion of the Libertarian Party brief:

The full-slate requirement violates plaintiffs’ rights to associate for the advancement of their political beliefs and to vote effectively, because it is unduly burdensome, wholly unnecessary, and does not serve any cognizable state interest. In particular, it subverts plaintiffs’ “constitutional right … to create and develop a new political party.” Norman v. Reed, 502 US. 279, 288 (1992). It also violates plaintiffs rights to equal protection, because it does not apply to established parties or to independent candidates. It fails the Anderson/Burdick test for determining the legitimacy of ballot access restrictions. It is unconstitutional because it does not survive any level of constitutional scrutiny on the continuum from rational basis analysis to strict scrutiny. For the foregoing reasons, Illinois’ full-slate requirement should be declared unconstitutional on its face and as applied to the plaintiffs in this case.

Read the rest via

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