Edward Acevedo v. Cook County Officers Electora
Opinion
Before Edward Acevedo could appear on the 2018 Democratic primary ballot for Cook County Sheriff, he had to obtain a certain number of voter signatures on a nominating petition. He didn't meet the signature requirement, so he was kept off the ballot. He then sued the Chicago, Cook County, and Illinois electoral boards, arguing that the Cook County signature requirement is unconstitutional because it is more onerous than the signature requirement for statewide offices. According to Acevedo, the comparatively higher county requirement can survive only if it is narrowly tailored to advance a compelling state interest.
Acevedo is wrong. Strict scrutiny is not triggered by the existence of a less burdensome restriction-it is triggered only *947 when the challenged regulation itself imposes a severe burden. Because Acevedo has not alleged that the burden imposed by the Cook County signature requirement is severe, the defendants need not show any justification for it beyond Illinois's interest in orderly and fair elections. That interest easily justifies the signature requirement here.
I.
Under Illinois law, potential candidates for public office must file a nominating petition to gain a place on a political party's primary ballot. That petition must include a certain number of signatures from voters in the jurisdiction where the candidate seeks election, and those signatures must be collected within a 90-day window. 10 ILCS 5/7-10. Candidates for statewide offices must collect 5,000 signatures. Id. 5/7-10(a). Candidates for countywide offices in Cook County must collect a number of signatures equal to 0.5% of the qualified voters of the candidate's party who voted in the most recent general election in Cook County. Id. 5/7-10(d)(1). According to this formula, Acevedo had to gather 8,236 valid signatures to appear on the 2018 Democratic primary ballot for Cook County Sheriff. He gathered only 5,654, so he was denied a place on the ballot.
Acevedo filed suit under
The district court held that Acevedo had failed to state a claim and dismissed the complaint. The court made clear that there is no bright-line rule requiring any county ballot requirement that is more stringent than a state requirement to be justified by a compelling state interest. Instead, the focus is on the burden imposed by the challenged regulation. And here, the court explained, Acevedo had failed to allege that requiring candidates to gather 8,236 signatures is a constitutionally significant burden.
II.
Though the election is over, Acevedo's claim is not moot because it is capable of repetition, yet evading review. This branch of the mootness doctrine requires that "(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there was a reasonable expectation that the same complaining party would be subjected to the same action again."
Weinstein v. Bradford
,
The constitutionality of a ballot-access restriction depends on "a practical assessment of the challenged scheme's justifications and effects."
Stone v. Bd. of Election Comm'rs for City of Chi.
,
Under this flexible
Anderson
-
Burdick
standard, the level of scrutiny with which we review a ballot-access restriction depends on the extent of its imposition: "the more severely it burdens constitutional rights, the more rigorous the inquiry into its justifications."
Libertarian Party of Illinois v. Scholz
,
Cook County's signature requirement gave Acevedo 90 days to gather 8,362 signatures, an amount that would demonstrate that he had the support of 0.5% of the voters in the primary race that he sought to join. Acevedo has not alleged any facts supporting an inference that the burden imposed by this requirement is severe. Indeed, we have held that much more stringent requirements were not severe enough to necessitate heightened scrutiny. For example, we held in
Stone
that the requirement of gathering 12,500 signatures-2.5% of the votes cast in the previous election-in 90 days was not a severe burden on candidates who wanted to run in the Chicago mayoral race.
Acevedo resists this straightforward analysis by arguing that a special rule applies here. Invoking
Illinois State Bd. of Elections v. Socialist Workers Party
,
Acevedo is mistaken. We have stressed before that "[w]hat is ultimately important is not the absolute or relative number of signatures required but whether a 'reasonably diligent candidate could be expected to be able to meet the requirements and gain a place on the ballot.' "
Stone
,
The cases that Acevedo invokes as support-
Socialist Workers Party
,
Norman
, and
Gjersten
-are not to the contrary. To begin with, even if those cases once prescribed an alternate analysis for this specific type of comparative challenge, they were all decided before
Burdick
clarified that the
Anderson
test applies to all First and Fourteenth Amendment challenges to state election regulations.
See
Burdick
,
Socialist Workers Party
,
Norman
, and
Gjersten
did not apply strict scrutiny simply because a less burdensome regulation existed. They applied strict scrutiny because each of the challenged regulations imposed a severe burden in its own right.
See
Short v. Brown
,
The defendants in Socialist Workers Party , Norman , and Gjersten lost because they couldn't show that the severe burdens that they placed on ballot access were narrowly tailored. Because the burden here is slight, it is not subject to the same level of scrutiny. The district court correctly concluded that the Cook County signature requirement is justified by Illinois's interest in orderly and fair elections.
AFFIRMED.
More specifically, Acevedo's requests for a declaratory judgment and an injunction prohibiting enforcement of the higher requirement remain live. His request that the court compel the defendants to place his name on the 2018 Democratic primary ballot is obviously moot.
We suggested in
Lee v. Keith
,
Reference
- Full Case Name
- Edward ACEVEDO, Plaintiff-Appellant, v. COOK COUNTY OFFICERS ELECTORAL BOARD, Et Al., Defendants-Appellees.
- Cited By
- 20 cases
- Status
- Published