Saying it is “anything but speculative” to assume Illinois Democrats will use the state’s new mail-in voting regime to cheat in November, a federal judge has refused to block Illinois from rolling out new voting procedures this fall, including the push for Illinois voters to cast ballots by mail.
However, in his ruling, the judge affirmed that Illinois law restricts the ability of political operatives to engage in so-called “ballot harvesting,” or collecting mass amounts of ballots and submitting them, allegedly on behalf of “mail-in voters.”
On Sept. 17, U.S. District Judge Robert M. Dow Jr. denied a request from Cook County Republicans for an injunction that would have blocked implementation of a raft of changes to the way ballots are cast, sent, collected and counted this November.
Liberty Justice Center President Pat Hughes
“Because Plaintiff’s allegations rest primarily on unsupported speculation and secondarily on isolated instances of voter fraud in other states and historical examples from Illinois during the prior century, Plaintiff (Republicans) cannot demonstrate either that it is likely to suffer irreparable harm or that it has some chance of success on the merits,” Judge Dow wrote in his order.
The Cook County Republicans had filed suit in federal court in August, accusing Gov. JB Pritzker and other election officials in Springfield and Chicago of violating Illinois voters’ constitutional rights, disenfranchising Republican voters and denying all Illinois citizens the right to cast secret ballots.
The lawsuit centered on the enactment of the legislation known as SB 1863 this spring, by the Illinois General Assembly, during a rapid legislative session shortened by the fear of the COVID-19 pandemic. The Democrat-dominated state legislature is led by House Speaker and Illinois Democratic Party Chairman Michael Madigan.
The law was quickly signed by Pritzker, also a Democrat. Pritzker has since sought to encourage Illinoisans to vote by mail.
Lawmakers said the law was needed to rewrite the state’s election rules and procedures, to allow for a more safe election, in light of the COVID-19 pandemic.
Among other changes, the law required Illinois county clerks to mail applications for a mail-in ballot to everyone who has voted in the state since 2018.
It also made Election Day a state holiday for all public employees and school students in Illinois.
Among other specific fears, the Republican plaintiffs noted the law would unleash a political army of potential Democratic Party operatives – public employees who overwhelmingly vote Democratic, and will have the day off, freeing them to “harvest Democratic ballots.”
The Republicans noted the law does not require a mail-in ballot to actually be mailed. Rather, the ballot can be submitted in a designated drop box, with no way to verify the person dropping off the ballot is the same as the supposed voter on the ballot.
The lawsuit warns that Democratic election officials “will blur the lines between their political and official positions in an effort to confuse voters about official government communications, as they have in past elections, and their efforts will be much more successful with so many voters-by-mail subject to their solicitations.”
Judge Dow, however, said such concerns are premature.
While fraud and problems with vote collection have made messes in other mail-in elections outside Illinois, the judge said Illinois has not yet experienced such problems under the new law.
The judge said the state legislature was within its rights to rewrite election laws, particularly as the state responds to COVID-19.
And should evidence of vote fraud be unearthed, Republicans and others should report it to the “proper authorities.”
Judge Dow also refused to issue an order specifically forbidding ballot harvesting, saying he believed Illinois law already forbids such harvesting, unless the ballot includes a signed authorization from the voter allowing someone else to submit their ballot for them.
The Republican plaintiffs were represented in the action by attorneys with the Liberty Justice Center, of Chicago.
In a statement following the ruling, representatives of the Liberty Justice Center said they were “disappointed” by Judge Dow’s refusal to grant their requested injunction, but “pleased” by his language related to ballot harvesting.
“All across America, Vote By Mail programs are leading to voter disenfranchisement and fraud,” said Brian Kelsey, Liberty Justice Center senior attorney. “Every voter in Illinois – regardless of political party – deserves to have their vote counted and to feel confident in the election result.
“As election officials begin counting ballots, we will closely monitor the execution of this new program and are committed to ensuring every vote counts.”
Liberty Justice Center president Pat Hughes said: “The purpose of this lawsuit is to ensure the accuracy and integrity of Illinois’ elections. While there has always been a certain cynicism about elections in Illinois and particularly in Chicago, we must fight to ensure the will of the people is honored, and that Illinois voters can be confident in the election process.”