Kane County Reporter

Illinois State Senate District 33 candidate Don DeWitte stated that a new law aimed at changing the state election process was "ruled unconstitutional by a Sangamon County Judge last week." DeWitte, who is running for re-election, made this statement on June 12 in a Facebook post.

"A controversial new law that would drastically change the state's election laws and reduce competition at the ballot box was ruled unconstitutional by a Sangamon County judge last week," said Donald Dewitte, State Senator 33rd District, according to Facebook. "Senate Bill 2412 would make significant changes to the rules for an election process that is already well underway. Most notably, it would have ended the slating process currently taking place in districts throughout the state. Republican lawmakers opposed the legislation when it came before the General Assembly earlier this year, arguing that it was a blatant power grab by Illinois Democrats intended to prioritize their control over the electoral process at the expense of Illinoisans' rights to fair and open elections."

In May, Democrats pushed through a bill to partially limit ballot access and add three nonbinding referendums to the 2024 general election ballot, according to a report from WTTW. The report indicates that as legislators in the House of Representatives were moving the bill and an amendment to Senate Bill 2412, senators were learning about the proposed changes.

Screenshot of Sen. Don DeWitte's June 12 Facebook post | Senator Don DeWitte Facebook page

According to The Associated Press, Sangamon County Circuit Court Judge Gail Noll made the ruling. The bill interferes with someone's right to seek access to the ballot, which Noll said in her ruling "places a severe restriction on the fundamental right to vote."

"Plaintiffs have a clearly ascertainable right to be free from unconstitutional restriction on their right to vote which under the circumstances of this case includes their right to ballot access," Noll's opinion stated.

Senate Bill 2412 started as a bill to amend the Children and Family Services Act, clarifying "one of the purposes of the Department of Children and Family Services is to place children in suitable permanent family arrangements." However, an amendment from the House floor replaced everything after the enacting clause to amend the elections code. That amendment changed various filing dates for petitions for nomination for several offices including state, congressional, judicial offices, and others. It also provided provisions for nominating candidates if a party nominee dies or withdraws before the general election.

The bill will go into effect immediately upon signing and has provisions for repeal on January 1, 2025.

DeWitte has represented Illinois’ 33rd senate district since 2018 when he was appointed. Before that, he served as mayor of St. Charles from 2005 to 2013 and as an alderman between 1993 and 2005. He also served on the Regional Transportation Authority Board between 2013 and 2018, representing Kane County.