Illinois COVID-19 Lawsuit Calls for Online Ballot Petitions

A group of registered Illinois voters have launched a lawsuit over claims that the state’s signature requirement for initiative petitions makes this integral part of the democratic process largely inaccessible during the current COVID-19 pandemic.

The Illinois signature requirement lawsuit explains that under Illinois law, citizens can file structural and procedural amendments to the Illinois Constitution and ballot initiatives by circulating a petition amongst voters.

However, this is becoming almost impossible given the state of emergency in Illinois, and the shelter at home order, claim the voting rights activists. To allow voters to participate in this process, the voters along with voting rights activists the Committee For The Illinois Democracy Amendment, are urging officials to implement online petitioning.

In order to provide background for the Illinois voting lawsuit, the voters explain that as the COVID-19 pandemic spread throughout the world, the Governor of Illinois declared that the state of Illinois was a disaster area on March 9, 2020.

Later, he allegedly banned gatherings of more than 1,000 people and closed schools, bars and restaurants. This order was then followed by a March 20 order for Illinois residents to shelter at home, except for essential activities and services.

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According to the voters, circulating petitions was not deemed essential, per the governor’s instructions, and was effectively barred. The voters do note that collecting these signatures would put the public at risk for a possible COVID-19 infection and further spread of the disease.

Because of these COVID-19 protective measures, the Commission on Lobbying and Ethics Reform stated that the commission would not be able to reach its March 31, 2020 deadline, and requested more time to examine ethics within legislation.

Arguing that Illinois can and should change its petition requirements given the current pandemic, the voting rights activists note that other states have taken action to change their voting procedures and ensure that their citizens can participate in democracy.

They note that New Jersey and Florida have started allowing online petition signatures since the COVID-19 outbreak, and Arizona has had this capacity since 2011. Additionally, New York has allegedly reduced the numbers of required petition signatures for ballot access to 30 percent of the previous requirement.

According to the voting rights activists, Illinois voters face an undue burden to vote under the current pandemic conditions, and are effectively forced to choose between protecting their health and exercising a constitutional right.

The voters argue that Illinois’ petition clause violates both the Illinois Constitution and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.

They ask the court to make a declaratory judgment, saying that under current circumstances, the Illinois signature requirement does violate the constitution.

The voting rights activists claim that they and other voters “are suffering, and will continue to suffer, irreparable harm until they obtain relief” from the court.

They seek a temporary restraining order or injunction that modifies the Illinois petition requirement for initiative referendums for the Nov. 3, 2020 general election, as well as a permanent injunction prohibiting the same.

The plaintiffs also seek that voters be able to submit petitions electronically in an online form created by the Secretary of State, and ask that the deadline to collect signatures be extended from May 3, 2020 to Aug. 3, 2020. Additionally, they ask that the number of signatures required to qualify referendums be reduced by 50 percent.

The voters say that this action is particularly important given the uncertain nature of the COVID-19 crisis. They note that the protective measures including closures and social distancing measures may be in place for an indefinite amount of time.

In their eyes, this means that voting could be disrupted for a long period of time, which would greatly impede the ballot initiative process in the long term. The plaintiffs allegedly worry that ballot initiatives put forward during this time would fail, not because of a lack of genuine support from the public, but a lack of access to voters, and procedural difficulties.

The voting rights activists are represented by John Mauck and Sorin Leahu of Mauck & Baker LLC, and by Pat Quinn.

The Illinois Ballot Petition Signature COVID-19 Lawsuit is William Morgan, et al. v. Jesse White, et al., Case No. 1:20-cv-02189, in the U.S. District Court for the Northern District of Illinois.

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