The Illinoize

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Dems Challenge Candidacy of Stuart Opponent Targeted by New Law

GOP Legislative candidate Jay Keeven, who is attempting to unseat Rep. Katie Stuart (D-Edwardsville).

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Up and down the state, Republicans have been convinced their slated candidate against Rep. Katie Stuart (D-Edwardsville) would be fine to remain on the ballot for the November election because he filed his slating paperwork with the Illinois State Board of Elections before Democrats passed a law ending slating in early May.

In fact, Republicans even mocked Democrats for the law, calling it the “Katie Stuart Protection Act,” especially after their candidate, former Edwardsville Police Chief and current Troy Village Administrator Jay Keeven filed his petitions with the state before Governor JB Pritzker signed the bill into law.

But, it appears Keeven’s path to the November ballot isn’t as guaranteed as Republicans thought.

Democrats filed a challenge to Keeven’s petitions Monday, the final day to challenge the candidacies of slated candidates.

And, while a Sangamon County Judge ruled last week the law ending slating is unconstitutional, it only applies to Republican candidates who are part of the suit.

Keeven is not among them.

The Illinois State Board of Elections says they don’t believe it matters that Keeven filed his candidacy before the law changed. Essentially, they say, when Governor Pritzker signed the bill into law, the previous slating rules no longer existed.

“Judge Noll's order last week specified that it applied only to plaintiffs named in the lawsuit. So for those candidates our board is currently enjoined from applying the revision to the Election Code at 10 ILCS 5/8-17 that prohibits slated candidates from being listed on the General Election ballot,” said Illinois State Board of Elections spokesman Matt Dieterich.

Democrats, meanwhile, filed an appeal to the judge’s ruling invalidating the law Monday. Their attorney did not respond to a request for comment Monday night.

The Executive Director of the House Republican Organization, the House GOP campaign arm, did not respond to requests from The Illinoize Monday.

But, Republicans attorneys we spoke to Monday are confident Keeven will remain on the ballot.

They believe the Illinois State Board of Elections can determine if a law applies retroactively, and there is no language in the new law applying to candidates previously filed.

It isn’t clear, though, if Keeven will attempt to join the lawsuit to help give him extra arguments against the Democratic challenge or if he’ll have to file a new suit.

“The [Illinois] Supreme Court will have to decide the fate of the new law,” one attorney said.

Keeven, meanwhile, issued a statement Monday condemning the challenge from Democrats.

“Democrats in Springfield are trying to rig the rules of the election to keep voters in the Metro East from having a choice in November,” he said. “With every attempt to kick me off of the ballot, our campaign gains momentum. We beat them at their own game once and we will do it again. I am confident that I will remain on the ballot and I look forward to earning the support of the voters in the 112th District this November.”

Democrats objected to the candidacies of 13 other slated GOP candidates, many of whom were named in the suit allowing them on the ballot.

Patrick Pfingsten

@pfingstenshow

patrick@theillinoize.com