Judge Rules Illinois Law Unconstitutional, Orders DePoister Back on Ballot

Judge William Becker has ruled the Illinois law that keeps certain individuals off the election ballot in the state unconstitutional, and has ordered Michael DePoister back on the ballot.

DePoister, who is currently a member of the County Board, was seeking re-election as a Republican when he learned that the county's Republican Central Committee then-chairman Steve Donaldson was supporting another person in the March primary. That led DePoister to announce plans to run for re-election as an Independent candidate. He then voted in the March primary using a Republican ballot.

(MIKE DEPOISTER)

State law in Illinois currently indicates that if you vote a Republican or Democrat ballot in the primary, you can't run as an independent in the general election that year. Donaldson filed an objection to DePoister's candidacy and the Effingham County Officers Electoral Board upheld Donaldson's objection and ruled DePoister off the ballot.

The Electoral Board, though, couldn't consider the constitutionality of the state law, only whether Donaldson had correctly filed his objection. That's when DePoister decided to appeal the Electoral Board's decision to Circuit Court, leading to a hearing Tuesday morning before Judge Becker and his ruling that the state law is unconstitutional.

Judge Becker ordered DePoister's counsel, Chris Koester, to prepare an order reflecting the judge's ruling and ordering that DePoister is back on the ballot as an Independent candidate for County Board in District E. 

The judge took several minutes during the hearing to debate the law with Donaldson's attorney, Lucas Mette. Mette contended that the law is an effort to make sure that the majority of those who chose nominees in the primary will see those nominees as the candidates to be considered in the general election.

The law in Illinois had been that someone couldn't run as a candidate of another recognized party in the general election if they didn't win in the primary. The Illinois General Assembly passed a law in 2012, though, that also prohibited Independents from being able to run in the general election if they voted the ballot of a recognized political party in the March primary.

Judge Becker said that provision was troubling, asking Mette, "If I'm not a Democrat or Republican, why is this a compelling interest for me? Why can't I run after the primary? (Under this law) I can't even run against the people I don't like." 

In making his ruling, Judge Becker said, "It's personally offensive to me that if I take a certain ballot, I can't run...I think the statute is unconstitutional."

Koester had contended that the last Illinois Supreme Court ruling on the issue came in 2010, when Independent candidates were not included in the state law.

Mette and Donaldson said after the hearing they didn't know yet whether they would appeal Judge Becker's ruling. Since the Electoral Review Board was also named in DePoister's objection to being kept off the ballot, they would also have the option of appealing the ruling.

DePoister said after the hearing, "We're pleased...now we get to let the voters decide (who is elected)." He said, "At the start, it didn't seem right, and then when Chris (Koester) informed me of the constitutional questions, we decided to pursue the matter."

Koester said if an objection is raised, the matter will bypass the Appellate Court. He said an Illinois Supreme Court rule provides that appeals from Circuit Court "shall be taken directly to the Illinois Supreme Court" when a state statute has been held invalid.