Case: United States of America v. State of Illinois

This case is about absent uniformed service voters and overseas voters having sufficient time to vote by requested absentee ballot in a special congressional election.  

On January 10, 2013, the U.S. Attorney General filed a complaint in the Northern District of Illinois against the state of Illinois, the State Board of Elections, and the Board’s executive director under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).  The U.S. alleged that the State’s special election calendar deadlines violated Section 102(a)(8)(A) of UOCAVA as it prevented absentee voters from receiving their properly requested ballots at least 45 days before the special primary and general elections.  42 U.S.C. § 1973ff-1(a)(8)(A).  

On November 21, 2012, Representative Jesse Jackson, Jr. resigned from Congress creating a vacant seat in the State’s Second Congressional District. Under State law, because the Congressional vacancy occurred more than 180 days before the next general election, the Governor had to issue a writ within five days of the vacancy ordering a special election to be held within 115 days.  10 Ill. Comp. Stat. 5/25-7(b).  The State General Assembly then amended, with the Governor’s approval, the State’s special election statute to set the special primary election and the special election dates to fill the vacancy for February 26 and April 9, 2013, respectively.  

Based on these election dates, the State was required to transmit validly requested absentee ballots to UOCAVA voters by January 12, 2013 for the special primary election and February 23 for the special general election.  However, a special election calendar set deadlines incompatible with the UOCAVA requirement.  The election calendar deadline to file objections to candidates’ nominating papers was January 14, two days after the federal deadline to transmit ballots to UOCAVA voters.  Additionally, the election calendar deadline for certifying candidates for the April 9 special election was March 12, and the federal deadline for mailing UOCAVA voters their ballots was February 23.  

Because in each instance the State would be unable to transmit complete absentee ballots to UOCAVA voters at least 45 days before the primary and general special elections, the Attorney General, on behalf of the United States, filed the January 10, 2013 complaint to enforce the UOCAVA and ensure all UOCAVA voters had a sufficient opportunity to receive properly requested ballots for the special election.  Simultaneously with filing the complaint, the U.S. and the defendants filed a joint motion requesting expedited entry of a consent decree.

The district court judge entered the consent decree on January 11, 2013, which ordered the defendants to transmit the special primary election UOCAVA absentee ballots by January 15, with a notice identifying what candidate challenges had been filed, and a final list of certified candidates to each UOCAVA voter by January 31, 2013.  Further, the defendants had to take the following actions: (1) count all ballots cast in the special primary election postmarked by February 25 and received by March 6; (2) ensure all voters who properly requested UOCAVA ballots for the special election receive them; (3) count all ballots cast in the special election postmarked by April 8 and received by April 23; (5) notify all UOCAVA voters in the Second Congressional District of the consent decree; (6) report to the Department of Justice regarding the transmittal of the UOCAVA ballots in both the special primary and general elections; and (7) take necessary actions to ensure UOCAVA voters receive a fair and reasonable opportunity to participate in future federal elections, including that the Board recommend an amendment to Section 25-7 of the State election code.

On May 31, 2013, the Board submitted a status report stating that the legislation to amend the State election code to conform with the UOCAVA requirements had been introduced in the State House of Representatives on February 26, 2013 but was not called for a vote.  On October 29, 2013, the parties filed a motion to enter a supplemental consent decree, which the district judge simultaneously signed.  The supplemental consent decree required that the Board continue to recommend amendments to the State election code consistent with UOCAVA and that, if a vacancy for the United States Representative in Congress occurred before such legislation was adopted, the United States could seek the same injunctive relief to remedy the UOCAVA violation.  

The case is closed.