A Federal lawsuit has raised questions about whether Illinois’ new Election Day Voter Registration rules are Constitutional, a situation that could complicate how polling sites are run this November.
Illinois tested Same-Day Registration in the 2014 Governor’s race, with all Election Authorities required to offer it in at least one location. It was popular, with long lines on Election Night, particularly in Chicago.
When lawmakers made Same-Day Registration permanent the next year, they expanded it, ordering highly populated areas to make it available at all polls.
That change is at the heart of a Federal lawsuit brought by Republicans, who argue it’s an unfair and unequal system because Voters in less populated and GOP-leaning areas don’t have equal access.
They’re asking a Judge to end all Precinct-level Election Day registration, which would impact voters in 21 of 102 Counties and five Cities: Chicago, Aurora, Rockford, Bloomington and East St. Louis.
Democrats dismissed the allegations on turnout, and Voters’ Rights groups have fought back. Five, including the American Civil Liberties Union of Illinois, filed a brief in Court Wednesday, suggesting such a change in a Presidential election year would create chaos and “leave thousands of people unable to vote,” Colleen Connell, Executive Director of the ACLU of Illinois, said in a statement.
The next court hearing is Sept. 27, though the Judge could rule earlier.
An Injunction wouldn’t impact Same-Day Registration offered at Major sites like County Clerk offices, according to the lawsuit. But fewer sites could again mean longer lines, delayed turnout results and confusion since poll-level Election Day registration was allowed in the March Primary and more than 110,000 Illinois residents signed up.
To offer Same-Day Registration, Jurisdictions must have over 100,000 people, like 20 Counties and five Cities do, or use Electronic Poll books like Grundy County.
State Board of Election officials named in the lawsuit declined to comment on pending Litigation.
Legal and Political experts question the timing of the lawsuit, which is so close to the election, as well as its backers. The Illinois Policy Institute’s Legal arm, the Liberty Justice Center, is arguing the lawsuit. First-term Republican Gov. Bruce Rauner’s Foundation has donated to the Group and some in his Administration previously worked there. Rauner’s spokeswoman didn’t return a request for comment.
Law professor Ann Lousin at John Marshall Law School in Chicago called it a “very good” Constitutional case but with an “odd” twist as it seeks to end Same-Day registration at all polls instead of expanding it Statewide.
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