Monday, July 28, we filed this in federal court calling for a judge to place me on the ballot for U.S. House in IL-10. This lawsuit was triggered by the following events.
After the months of petition collection, in which many of you played a part, on Monday June 23, we turned in many times the number of signatures required of my opponents – about 7,000 total.
Do candidates get to choose who their opponents will be,
or do the people of the 10th District
get to choose who their candidates will be?
There is an important legal argument here. These 7,000 or so signatures were below the required minimum to file in Illinois in years ending in ‘0, ‘4, ‘6 ‘8. It was above the required minimum for years ending in ‘2. Of course, this being a year ending in ‘8, I did not meet the minimum. However, with those 7,000 signatures I have enough signatures to have standing before the court and to challenge an arbitrary and unconstitutional part of Illinois election law. The law requires 5,000 signatures in certain election years (years directly following a census), yet irrationally requires more than twice that in other election years. 10,285, to be exact, is what was required in my instance. If this distinction in the law does not make sense to you, don’t worry, a number of people employed by the partisan State Board of Elections have told me that it makes no sense to them either. Experts on election law agree with you on that one too. Lawyers and politicians all over the state of Illinois agree as well. I am with them on this one, the law just doesn’t have a logical basis.
On Monday June 30, a challenge was brought forward by an allegedly independent challenger. He used the usual Republican Party attorney. A hearing officer was assigned and written arguments exchanged hands a few times before the hearing officer issued his recommendation to the Illinois State Board of Elections that I be removed from the ballot.
The man who brought forth the challenge was entirely within his rights to bring forth the challenge. What is interesting about these challenges is that they are in no way independent. Party apparatchiks decide what independent and third party contenders are a threat and then see to it that they are gotten rid of, in an entirely legal fashion. I am running in such a race where I pose a threat to both the Republican and Democratic candidate. Both of whom would prefer to not have to deal with me broadening the scope of the debate that will be taking place over these next 14 weeks. At the heart of that matter is an important question – do candidates get to choose who their opponents will be, or do the people of the 10th District get to choose who their candidates will be?
July 21, twelve supporters and I walked into a hearing at the State Board of Elections where I argued for them to have the sense of decency to overrule the challenge brought forward under Illinois’s unconstitutional ballot access laws. The ballot access laws essentially state that everyone has the freedom to political participation, Democrats and Republicans just have more of it.
The room was filled by people from one of two groups:
1. People paid to be there.
2. Supporters of my candidacy, people who love the Constitution and who just want to see Liberty and Justice for all.
It’s very unusual for anyone but the first group of people to appear in that room, hidden within the Thompson Center, where the State Board of Elections meets. The fact that those twelve people attended was, in itself, a victory since that room, where very important decisions are made, seldom sees the light of public scrutiny.
That day, even video footage of the oral arguments was taken by a man doing a documentary film on the campaign. This is a further unusual step for such a hearing. That room, lit with the pale glow of fluorescent, for a few minutes that morning had daylight streaming in.
Do I role over when confronted with this little obstacle,
or do I push forward all the more vigorously?
The board denied my request made to them to be more than government functionaries, to be Americans, who strive to uphold the US Constitution. In all fairness, the Board of Elections is not permitted to fulfill the kind of request I was making. However, I am one who believes that you should always do the right thing, no matter who (even the State Legislature) insists that you enforce an unconstitutional law. I was not hoping to appeal to them as functionaries, I was hoping to appeal to them as Americans, operating in good faith and in deference to the highest law of the land. That is something they would not do for me.
Worse things have happened, so being ruled against by the Illinois State Board of Elections is no big deal, and could have been expected. It was something I had limited control over. What I do have control over is the decision that the board’s ruling left me with – do I role over when confronted with this little obstacle, or do I push forward all the more vigorously?
Because your rights end where your will to protect them ends,
we are taking this matter to federal court.
As much as I enjoy all of the following, and as much as they have their own benefits, no amount of press releases, screaming into microphones, or marches will, on their own, protect your rights, or my rights. Direct pressure must be used as well to achieve that. I plan to pressure the State of Illinois to do the right thing in this matter. I plan to pressure the elected leaders of Illinois to change our draconian ballot access laws and to pressure the Illinois State Board of Elections to disregard them. I don’t want this because it is expedient for me, I want it because it is a case worth fighting to make elections in Illinois more free. That is why I am stepping forward and going to federal court. As far as we can tell, this lawsuit is the first of its kind dealing with this specific issue and brought forward in Federal court in Illinois. The suit, when all is said and done, could have a tremendous impact on freedom and elections in Illinois. Illinois, third to only Georgia and North Carolina, has some of the most draconian ballot access laws in the US. This fight is a fight worth fighting, for our Constitution and our rights. We have the right team, we have the right political conditions, we have the right argument, and I hope we have your continued support through this.
This case may have far-reaching consequences for anyone who just wants to live a freer life. The outcome may affect Illinois, other states in the district, and because it’s federal court, the entire US.
We look forward to pushing forward this congressional campaign with intensity from now until November 4, 2008, confident that a federal judge will perform his or her role of upholding the U.S. Constitution.
Thank you all so much for your many phone calls, emails, letters, hours of volunteer work and contributions over the last months.
We have unexpectedly been able to build this campaign into something even bigger than a congressional bid. What a golden opportunity we have to fight for our U.S. Constitution in this court case.
What we are dealing with is an Illinois law that says if you profess allegiance to the Republican Party you need only 687 signatures to run for office. If you pledge allegiance to the Democratic Party, only 1,001. If you pledge allegiance to no party, only the US Constitution, your country, your fellow Americans, you need the signed support of 10,285 people.
We can run a good campaign, we can fight this unconstitutional law and we can win two big victories between now and November 4.
We can accomplish this with your help.
With much gratitude,
Allan Stevo