The Sentinel: Voting Laws

Voting in Illinois is easy with various options provided by the state

by Terri Dee
Illinois News Connection

CHICAGO - Illinois voters have several ways to cast their ballot in the upcoming election, whether by mail, in person or early voting.

The Illinois Policy Institute, a political watchdog, reported 2022's general election produced the second-highest voter turnout in a midterm year in 25 years.

Matt Dietrich, public information officer for the Illinois State Board of Elections, wants voters to observe important deadlines for registering to vote. For unregistered voters, he advised there is still time to change their status.

"Voter registration never closes until the polls close on Election Day," Dietrich pointed out. "You can get registered from now right up through and even on November 5th. The online voter registration stays open until 11:59 pm, October 20th."

Voter inquiries can be answered through an online portal on the board's website, elections.il.gov.

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A threat to democracy, fighting back against voter suppression and intimidation

Illinois AG files TRO against news group that refuses to remove voter information

How AI could take over elections – and undermine democracy

High school students now receive two hours off to vote in Illinois elections

Beginning Oct. 9, unregistered voters wanting in-person voting can do so at any early voting location. Dietrich added they will have to cast their early vote ballot at the time of registration.

Two forms of verifiable identification are needed, one which reflects who you are and the other, your voting residence. If you have recently moved to Illinois from another state, an unexpired out-of-state driver's license is accepted. A piece of government mail sent to your residence, a bank statement, or a pay stub with your voting residence is also sufficient.

Another popular choice among Illinoisans is to vote by mail. There was a "slight uptick of 10%," Dietrich reported, even before the pandemic in 2020. He added 2 million people tried it for the first time and deemed the process as safe, convenient and trackable.

"We and all the local election authorities really pushed voting by mail for safety reasons," Dietrich explained. "In the end, we had one-third of the total votes in 2020, cast by mail, about one-third cast early in person and one-third cast on Election Day in person."

Dietrich said in 2022, voting by mail slightly exceeded the number of voters who were voting early in person. He recommends residents wanting to cast mail-in ballots request their ballot far before the Oct. 31 deadline.

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A threat to democracy, fighting back against voter suppression and intimidation

SNS - The right to vote is legally protected from intimidation and harassment. Federal law makes it a crime to intimidate, harass, or deceive voters at home or at the polls.

Voter suppression is any attempt to prevent or discourage certain Americans from registering to vote or casting their ballot. It is any act that deliberately restricts or discourages certain groups from voting, undermining electoral fairness. You may not be threatened, coerced, frightened, assaulted, compelled, or discouraged to vote one way or another, or not to vote at all. The right to vote necessarily includes the right to be free from intimidation and harassment.

“A true democracy is where every person has the desire, the right, the knowledge, and the confidence to participate,” said Becky Simon, president of the League of Women Voters of Illinois. “We encourage you to join the League of Women Voters of Illinois in our fight to support everyone’s freedom to vote.”

After the Civil War, African Americans in the former Confederacy were able to exercise their newly won rights to vote; to run for local, state, and federal offices; and to serve on juries. These rights were given and protected by federal laws and the 14th and 15th Amendments. The laws, adopted to curtail white supremacist violence, specifically criminalized the terrorist activities of white supremacist organizations such as the Ku Klux Klan and authorized the use of federal troops to protect polling stations and suppress white supremacist violence.

Over time, white supremacists found other ways to control voting in their towns, counties, and states without direct physical violence. Political parties have used five key methods to suppress voting by targeted groups: voter ID laws, gerrymandering, voter purges, felony disenfranchisement, and criminalizing voting through the arbitrary enforcement of oppressive, unfair laws.

Today, experts warn that voter suppression and intimidation trends are moving to the digital spaces, becoming embedded in technology.

"It might include robocalls and social media posts that provide incorrect information about where to vote or promote the false idea that voters' personal information or ballot choices will be shared with the government, the public, or law enforcement," wrote the League of Women Voters of Illinois in a recent statement.

The League of Women Voters of Illinois (LWVI) is fighting voter suppression and intimidation by mailing thousands of Get Out the Vote postcards, deploying nonpartisan poll watchers throughout the state, observing public testing of voting equipment, and actively fighting misinformation and disinformation.

According to the ACLU, "More than 400 anti-voter bills have been introduced in 48 states. These bills erect unnecessary barriers for people to register to vote, vote by mail, or vote in person."

What should you do if you witness voter suppression or intimidation? Document incidents thoroughly using your phone (outside the polling place) or by taking notes. If your voter registration is denied at your polling place, you may ask a poll worker to double-check your registration, and you may still cast a provisional ballot.

The LWVI recommends that you avoid engaging with groups or individuals who are actively trying to intimidation fellow voters and immediately reported to the Illinois State Board of Elections at 217-782-4141 or the Election Protection Hotline:

English: 866-OUR-VOTE (866-687-8683)
Spanish: 888-VE-Y-VOTA (888-839-8682)
Asian Languages: 888-API-VOTE (888-274-8683)
Arabic: 844-YALLA-US (844-925-5287)

Illinois AG files TRO against news group that refuses to remove voter information

Last month, the State Board of Elections (SBE) asked Attorney General Kwame Raoul to consider legal action against Local Government Information Services (LGIS), a publishing business operated by co-founder Brian Timpone and reportedly backed by failed gubernatorial candidate Dan Proft of Naples, Florida.

You see, LGIS, which operates the Chambana Sun and 19 other news sites focused on local news, is under scrutiny because they recently published voting information for every voting precinct in the state. In addition to listing a breakdown of support by party, the automated story also divulges the number of registered voters and number residents in the district.

Here is an example from one of the Tolono precincts:

"The voting breakdown in Southeastern Township of Tolono: Precinct Tolono 1 reveals 59.6% of the total supporting Republicans, and 36.8% of the votes for Democrats, highlighting the precinct's political preferences.

Overall, 170 registered voters in the Southeastern Township of Tolono: Precinct Tolono 1 did not vote in 2020.

Additionally, an estimated total of 1,546 residents were reported to be aged 18 or older in Southeastern Township of Tolono: Precinct Tolono 1, according to the last US Census and the 2021 American Community Survey."

~ Chambana Sun

That information is pretty vanilla. Where the defendants may have crossed the line legally if not morally, is each article lists the full name of the voter, their birthdate, their address, and whether they voted in the 2020 election or not. No doubt scammers and identity thieves are absolutely tickled pink having unfettered access to the information.

Local county clerks and the SBE have received complaints from concerned voters statewide.

Despite the SBE's request that the sensitive information be removed from the Chambana Sun and their other news sites, LGIS has seemingly ignored the state authority that regulates election integrity and information. On Friday, A.G. Raoul filed a TRO request in Lake County against LGIS alleging violations of the state election codes.

Plaintiffs, Illinois Attorney General Kwame Raoul on behalf of the People of the State of Illinois and the Illinois State Board of Elections, by their attorney, Kwame Raoul, Attorney General of the State of Illinois, submit this Memorandum of Law in Support of their Emergency Motion for Temporary Restraining Order and Preliminary Injunction, against Defendant, Local Government Information Services, Inc., based on Defendant’s publication of sensitive voter registration information in violation of Sections 4-8, 5-7, and 6-35 of the Illinois Election Code. 10 ILCS 5/4-8, 5-7, and 6-35."

The Attorney General claims that LGIS is not a political committee and could not have legally obtained the voter information. Typically, political action committees can purchase the State Board of Elections' voter file for political reasons. Use of the information can be used for other business purposes.

Timpone, once the CEO of the Greater Illinois News Group which briefly owned newspapers in Champaign, Douglas, and Moultrie Counties, worked locally as a TV reporter and covered the capitol for WCIA-TV decades ago. You can't discuss the term "Pink-Slime Journalism" without his name. According to the New York Times, "The sites operated by Timpone's networks do not typically post false information, but "the operation is rooted in deception, eschewing hallmarks of news reporting like fairness and transparency".

Proft, who at one time portrayed himself as part-owner of LGIS and earned a law degree from the Loyola University Chicago School of Law, dipped a toe into Illinois politics back in 2009 when he tossed his hat into the ring for the governor's seat. Frost-bitten in the cold world of campaigning, he received only 7.78% of the Republican vote in the primary, coming in sixth in the seven-way race. According to various sources, his name does not appear on corporate ownership documents.

Matt Dietrich, a spokesman for the Illinois State Board of Elections, told Fox 2 News last month that LGIS has no right to publish the data from 2016.

“They are not entitled to have that file, which was obtained under the idea it was for a political action committee and to be used for political purposes,” he told the Fox affiliate.

Obviously, the managing team for the Lake Forest-based company believes otherwise. The information is still readily available on Chambana Sun and other sites under their control.

Commentary |
Appeals court rules against Trump, deciding presidents are not immune from prosecution

by Claire Wofford
Associate Professor of Political Science, College of Charleston

In a 57-page opinion issued on Feb. 6, 2024, a federal appeals court ruled against former President Donald Trump, deciding that presidents are not immune from criminal prosecution for actions they took while in office.

The decision allows the federal prosecution of Trump for attempting to undermine the 2020 election to continue.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit – two appointed by Democratic presidents and one by a Republican – affirmed the Dec. 1, 2023, ruling of District Court Judge Tonya Chutkan, in which she said that a former president does not enjoy complete immunity from criminal prosecution for actions taken while in office.

The Hill reported that Trump spokesman Steven Cheung responded to the appeals court ruling by saying, “President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution.” The decision, Cheung said, “threatens the bedrock of our Republic.”

The appeals court panel rejected Trump’s argument that the structure of U.S. government and the demands of the presidency necessitated immunity, instead stating that his claims of “unbounded authority to commit crimes” would “collapse our system of separated powers.” In their words, “President Trump has become citizen Trump,” and therefore had only the defenses available to any criminal defendant, not a special immunity privilege unavailable to anyone else.

As a scholar of judicial behavior and American politics, I have been closely watching this case. The court’s decision, particularly if the Supreme Court allows it to stand, is likely to have ramifications across the U.S. legal and political systems for decades.

‘Divine right of kings’

Trump is the subject of multiple civil and criminal cases in both state and federal courts. He is currently appealing several of them, including one relating to his appearance on the Colorado ballot, which the Supreme Court has already agreed to hear.

In mid-December 2023, the federal government asked the Supreme Court to weigh in on the immunity dispute as well, but the court declined to do so, at least until the appeal was heard by the U.S. Court of Appeals for the District of Columbia Circuit

This particular case involves the prosecution of Trump by special counsel Jack Smith. On Aug. 1, 2023, Smith indicted Trump on four counts of violating federal law for his conduct relating to the 2020 election, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. The proceeding in the appeals court was not about whether Trump committed these crimes but whether he could be prosecuted for them at all.

Trump’s argument centered on a claim of presidential immunity – the notion that a president cannot be subjected to legal action for official conduct or actions taken as part of the job. While there is no explicit language in the U.S. Constitution about such immunity, the Supreme Court had previously ruled in Nixon v. Fitzgerald that presidents can be protected from civil lawsuits for their “official acts.”

The Nixon decision did not control the outcome here, however, because that case involved a civil lawsuit rather than a criminal prosecution. As highlighted during the oral argument in Trump’s appeal, that distinction – of whether it’s a civil or criminal case – makes a world of difference.

Protecting the president from the hassles of civil litigation is one thing; permitting the president, charged in Article 2 of the Constitution with faithful execution of the laws, to be able to break those same laws with impunity is quite another.

That sort of upside-down world is precisely what led District Court Judge Chutkan to issue her sweeping ruling on Dec. 1, 2023, that presidents are not immune from prosecution for crimes committed while in office. As she put it, Trump did not have the “divine right of kings to evade criminal accountability.” The court today agreed with that sentiment.

High stakes

The oral argument before the appeals court on Jan. 9, 2024, was similarly dramatic.

The three judges spent over an hour rigorously questioning both sides, and the language was often sweeping.

Trump’s lawyer spoke of a president’s need to take “bold and fearless” executive action, to not have to constantly “look over their shoulder” for fear of prosecution and of the “republic shattering” consequences of ruling against the former president. Judge Florence Y. Pan raised striking hypotheticals about presidents assassinating political opponents or selling national security secrets to foreign governments. The lawyer for the federal government noted the “frightening future” if presidents were free to violate the law while in office.

The court’s opinion addressed Trump’s argument that future presidents would be unable to take decisive action for fear of prosecution. The judges ruled that the risk of “chilling … Presidential action appears to be low” and was outweighed by the public’s interest in accountability.

The appeals court judges included a passage from a Supreme Court opinion in their decision:

“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it.”

That principle, the appeals court panel wrote, “applies, of course, to a President.”

The court’s Feb. 6, 2024, decision will have a substantial impact, at least until any final ruling is issued by the Supreme Court.

Trump can be criminally prosecuted for the actions he took to overturn the 2020 election. Whether the case makes it to trial or results in a conviction, what happens to all the other pending cases involving Trump, and whether the former president is returned to the White House, are unanswered questions so far.

The Supreme Court will surely be asked to provide some of those answers.

Claire Wofford, Associate Professor of Political Science, College of Charleston This article is republished from The Conversation under a Creative Commons license. Read the original article.

All this is crazy; let's vote earlier

By Glenn Mollette, Guest Commentator

2020 will be remembered for more than we what to remember including the painful November 3 election. Our country was already suffering from the pandemic and all its spin-off problems.

Unemployment, business closings, demise of the travel industry, struggling houses of worship, massive national depression to name a few of the problems. However, great news Pfizer has come up with a vaccine that has been 90% effective in preliminary trials. At this writing this is great news with the stock market on the verge of setting an all-time high. This vaccine has the potential to bring this country out of the house and back to work, school, church, and more.

We also need a vaccine to get us over this election. Most Americans would gladly take a shot in the butt to relieve this pain in the neck election we have just endured or, enduring?

Whoever heard of an election going on for days? Some of the states are still counting. The media has called the election for the states but some states have not verified the vote totals. This is insane.

Most of the states got it right on November 3. They counted the votes that made it to the post office on November 3. No one knows when a letter will show up when mailed on November 3. The letter could show up November 4 or November 10 or later.

Regardless of how you feel about the outcome of the election states like Nevada, Michigan, Georgia, Pennsylvania, Wisconsin, North Carolina and Arizona did our country a disservice. Even if you are happy about Joe Biden being elected, surely you aren't happy about the long delay in counting the votes.

For many weeks we have been hearing about swing states that would be allowed more days in getting their mail ballots back to count. But the changes did what everyone knew would happen and that was delay the reporting of election results with the possibility of court fights later.

In North Carolina, the State Board of Elections said ballots postmarked by Election Day would count as long as officials received them within nine days after the election. Nine days!

In Wisconsin, a federal judge similarly ruled that ballots postmarked by Election Day would count as long as officials had them in hand within six days after Nov. 3. A Michigan state judge ruled that absentee ballots postmarked by Nov. 3 would be counted if they arrived up to two weeks after Election Day.

All this is crazy.

Go to the courthouse to verify your voter registration. Receive your one ballot obtained only by showing your identification. Put your ballot in the mail in plenty of time to arrive by November 3. It only takes some planning.

Better yet go early and vote and forget the mail if at all possible. Between now and the next election we have to come up with a federal election policy that requires counting the votes received by election day and not ten days or two weeks later.

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Dr. Glenn Mollette is a syndicated American columnist and author of American Issues, Every American Has An Opinion and ten other books. He is read in all 50 states. The views expressed are those of the author and are not necessarily representative of any other group or organization.

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This article is the sole opinions of the author and does not necessarily reflect the views of PhotoNews Media. We welcome comments and views from our readers.

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High school students now receive two hours off to vote in Illinois elections

Effective June 1 this summer, Illinois high school students who are eligible to vote can take an excused absence from school to perform their civic duty.

The new law, signed by Governor JB Pritzker on Wednesday, allows students who are 18 years of age or older to leave school for up to two hours on the day of the election or 15 days prior to cast their ballot in a primary, general, special, or any election in Illinois at which propositions are submitted to a popular vote in the state.

Now, high school students who want to participate in the voting process no longer have to mail-in votes, request permission to leave close campuses, attempt to rush to their polling during a short lunch period or after school or miss a team practice if they are an athlete.

Given the effective date, students will not be able to take part in the upcoming primaries on March 17. However, they will be able to take full advantage of the new measure in November's general election.

"With this new law, our voting-eligible young people will have the freedom to fit voting into their school day without fear of repercussion for engaging in the very civic education we should all be proud to encourage," said Governor Pritzker in an statement after signing in the new law. "The young people who advocated for this legislation recognized how important it is not only to vote, but to make the act of voting as accessible for all who can vote as possible."

The legislation gives school administrators the option to enforce specific hours when voters may leave school grounds.

The measure passed 74-40 in the House and 40-10 in the Senate.