Federal lawsuit challenges Illinois Election Laws that remove candidates, deny voters meaningful choice
By Tribune Staff • CHICAGO — A federal lawsuit filed Jan. 26 in the U.S. District Court for the Northern District of Illinois challenges Illinois election laws that plaintiffs say unconstitutionally restrict ballot access, suppress political competition, and prevent voters from having a meaningful choice in statewide elections.
As his email on Jan. 30, stated, “I want to bring to your attention [that] Bob Fioretti does have an opponent in the primary. I am Andy Williams Jr. from Aurora and current [sic] am a write-in-candidate. I do have a lawsuit pending against the Board of Elections and Bob Fioretti’s chair to get my name placed back on the ballot.
The case, Andy Williams Jr., et al. v. Illinois State Board of Elections, et al.,
Case No. 1:26-cv-00887, was filed by Republican Attorney General candidate Andy Williams
Jr. along with Illinois voters and petition circulators who allege that provisions of the Illinois Election Code violate the First and Fourteenth Amendments to the U.S. Constitution.
At issue are state laws that require candidates for statewide office to collect thousands of petition signatures exclusively from members of a single political party, while simultaneously allowing any registered voter — regardless of standing or demonstrated interest — to file objections that can eliminate candidates before voters ever cast a ballot.
According to the complaint, these laws operate not as neutral election regulations, but as procedural gatekeeping mechanisms that favor party-connected and well-funded candidates while excluding grassroots challengers. As applied in the 2026 Attorney General race, the challenged provisions resulted in the removal of Williams from the Republican primary ballot, leaving a single listed candidate.
Following his removal from the ballot, Williams alleges that he was denied access to media interviews, endorsement processes, and candidate forums — consequences that extended beyond ballot access and effectively silenced political participation before any vote occurred.
The lawsuit asserts that Illinois’s ballot-access regime:
● Burdens core political speech and associational rights
● Denies equal protection by conditioning participation on party affiliation
● Violates due process by permitting unlimited objections without standing
● Transfers decisive electoral power from voters to administrative and partisan actors
The plaintiffs seek declaratory and injunctive relief, including an order placing Williams on the Republican primary ballot for the March 17 election and prohibiting enforcement of the challenged provisions as applied.
“This case raises fundamental questions about who decides elections in Illinois — voters, or procedural barriers enforced before voters ever have a say,” the complaint states.
The case has been assigned to U.S. District Judge Joan H. Lefkow, with Magistrate Judge M. David Weisman designated.
