Federal appeals court finds First Amendment not served by Illinois full-slate ballot requirement

The 7th U.S. Court of Appeals ruled that the Illinois full-slate requirement for elections was a violation of the First Amendment right to free association. The law required parties receiving less than five percent of the vote in the most recent election to field a full slate of candidates to allow the party name to appear on the ballot next to its candidates.  (First Amendment Blog, September 25, 2017)

In the Illinois case the Libertarian Party sued after it wanted to run a candidate for county auditor but to do so had to run candidates for circuit clerk, recorder, prosecutor, coroner, board chair and school superintendent. The court found that law failed to support the state’s interest in political stability, unburdened ballots and clarity for voters. Instead it could result in a number of nominal candidates confusing the voters and crowding the ballot. (Constitutional Law Prof Blog, September 26, 2017, by Steven D. Schwinn)