Research

Illinois Must Make Changes to Protect Early Voting

  • Legal challenges regarding ballot status for a few candidates are causing Early Voting delays across Illinois
  • Delays are being handled differently in each election jurisdiction, creating the potential for voter disenfranchisement and confusion
  • State officials should be prepared to make important changes to election laws to prevent this issue in the future

Early Voting across the state of Illinois was due to begin last Thursday, February 8, but Illinois residents would be forgiven if they couldn’t figure out when voting actually started. In some areas, Early Voting is delayed by up to two weeks. Because of a few pending legal challenges that will determine whether state and local candidates will actually appear on the ballot, some election officials cannot yet make certified ballots available to voters.
 
The confusion is not the fault of any single jurisdiction, but shows a lack of clarity in statewide election procedures in Illinois. The quick timeline for candidate petition filings, petition objections, and ballot certification is set up to fail, and results in the disenfranchisement of voters across the state. This process must be changed to prevent similar issues in the future.

Inconsistency in Early Voting Delays
An erratic start to Early Voting is an unfortunate tradition in Illinois. In 2016, several counties delayed Early Voting due to questions about which candidates were eligible to appear on the ballot. However, most counties allowed Early Voting to begin as scheduled.

Similarly, 2018 primary voters will have different voting experiences depending on where they live. In 11 of the 25 largest election jurisdictions in the state, Early Voting has been delayed at least one week, and up to two weeks or more. The other 14 largest jurisdictions are proceeding with Early Voting, despite ballot uncertainty.

Even voters who live next to each other may have wildly different voting experiences in the next two weeks. Early Voting opened on Thursday for voters in suburban Winnebago County, despite Early Voting being delayed in Rockford, a major city within the county

One of the main differences between 2016 and 2018 lies in a ballot challenge for just one person: Illinois Attorney General Candidate Scott Drury. Because Drury’s appeals process is ongoing, and he is running for a statewide office, each individual jurisdiction is left to choose for themselves whether to open their doors or delay the voting process. This has created mixed results in different areas of the state, which could shake voter confidence and lead to the disenfranchisement of voters who planned to take advantage of the Early Voting period.

Simple Reforms Can Protect Early Voting
Changing the dates of Early Voting at the last minute is problematic, but executing those changes arbitrarily across the state is unacceptable. Moreover, the issue of ballot challenges impeding Early Voting was a known problem from 2016, yet no solution was sought on a statewide level.

ICPR recommends the following changes to the statewide election administration timeline for Illinois:

  • Move up the petition filing deadline for candidates by at least one month (from December 4th to November 4th)
  • Shorten the current initial 30-day window for judicial review hearings on petition challenges
  • Determine a statewide protocol for petition challenges that continue to be fought in court: Early Voting should proceed as outlined in state statute, with a clear plan in place for election administrators to deal with candidates who have ongoing challenges

ICPR is working with state and local officials to ensure that Early Voting is not delayed in future elections. Public support and statewide leadership will be critical to accomplishing these necessary reforms so that all Illinois voters have an equal opportunity to be engaged in state and local elections.


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