August 25,
2000 Contact:
Scott
Schell
212.998.6318
CHICAGO, August
25, 2000 -- Ruling from the bench today, Judge William Hibbler of the United
States District Court, Northern District of Illinois, ordered the State of
Illinois to accept contested petitions to place Ralph Nader on the ballot for
the November Presidential election. The petitions had been rejected by the
State Election Board because they failed to meet a new filing deadline. If
the petition signatures survive challenge at the anticipated rate, the Court's
ruling will result in Nader gaining access to the Illinois ballot.
Judge
Hibbler issued his ruling in response to a constitutional challenge to Illinois'
early filing deadline brought by the Brennan Center for Justice at NYU School of
Law on behalf of Nader, his vice presidential candidate, and Illinois
voters. Judge Hibbler's ruling rejected the State's arguments in favor of
the important interests of the voters of Illinois. Representatives of Illinois'
Democratic Party had joined the State in opposing Nader's effort to gain a place
on the ballot.
At issue in the Illinois litigation was a new and
burdensome early filing deadline for candidate petitions adopted by the State
Board of Elections for the 2000 elections. In the lawsuit, the State
claimed to need more time to process challenges to Nader's petitions, despite
the fact that there has never been a timing problem in preparing ballots for
Presidential candidates in 32 years under the old deadline. Judge Hibbler
indicated in his ruling that the State's interest failed to overcome the harm
done to Illinois' voters.
Ralph Nader is presently the leading
third party candidate for President; he has demonstrated enough support to be on
the ballot in more than 40 states. Nationwide, he is polling between 6 and
8 percent, and in Illinois his campaign has collected almost 40,000 signatures
from citizens supporting his candidacy, thousands more than required by state
election law. However, many of these signatures were collected after the
new filing deadline and were not originally accepted by the State Board of
Elections. This victory orders the state to accept the signatures, almost
assuring Nader a place on November's ballot.
The right to vote is more
valuable when citizens are able to vote for the candidate of their choice.
The Brennan Center Voter Choice Project works to make this fundamental truth a
reality. Through studying ballot access systems and producing publications
such as Voter Choice 2000, and through litigation when necessary, the
Center works to increase access to the ballot for third party and independent
candidates. The Center is currently litigating cases in South Dakota and North
Carolina in support of efforts by third party candidate Ralph Nader to gain
access to these state ballots. Even within the major parties, insurgent
candidates are sometimes denied ballot access, as was the case with John McCain
in New York State who was placed on the ballot only after a successful Brennan
Center lawsuit.
For more information about this litigation, other work
of the Voter Choice Project or the Brennan Center in general, please contact
Scott Schell at 212.998.6318.