The Cook County Circuit Court ruled Tuesday to invalidate Evanston’s pilot ranked choice voting referendum, dismissing the action to implement RCV in the Evanston 2025 Consolidated Elections with prejudice.
The court deemed the 2022 voter referendum to be “void” because it is not self-executing and stated that the Illinois Election Code prohibits ranked choice voting, adding that the Cook County Clerk does not have legal authority to certify voting machines and that the Clerk does not have authority to submit a voting system to the Illinois State Board of Elections.
Evanston voters initially approved the referendum in the 2022 midterm election, becoming the first city in Illinois to adopt RCV.
Nonprofit Reform for Illinois with retired attorney David Melton initially filed the action against the County Clerk Cedric Giles in July. According to the order, the plaintiffs alleged that Evanston’s home rule municipality authority authorized the implementation of ranked choice voting.
The order argues that ranked choice voting is prohibited by the Illinois Election Code because it states that a ballot “shall not be counted” if a voter selects more candidates than there are to be elected for that office.
The plaintiffs themselves also acknowledged during oral arguments that ranked choice voting is not authorized by the Election Code, according to the order.
“The Clerk cannot use a voting system not approved by the State Board (10 ILCS 5/24B-1) and the State Board has not approved any ranked choice voting system because ranked choice voting is not allowed under Illinois Law,” the order reads.
The court denied a request by the plaintiffs to use paper ballots in Evanston to allow RCV, stating that it would be “unworkable, cost prohibitive and not authorized by the Election Code.”
The order to dismiss states that the Illinois Supreme Court mandates a referendum be self-executing, meaning that the question must “stand on its own.”
“The Referendum states that the last place candidate, not candidates, will be eliminated,” the order to dismiss reads. “It is vague and ambiguous because it fails to deal with the possibility that the last place candidates will tie.”
City spokesperson Cynthia Vargas told The Daily that the city is reviewing the court’s ruling and is eyeing potential legal action to defend the city’s home rule authority.
Evanston passed a ranked choice voting ordinance in June of this year, establishing RCV as originally prescribed in the referendum, while also urging the County Clerk towards implementation.
Much of the debate and dissent in Council surrounded the ordinance falling short of its goals, with Ald. Devon Reid (8th) adding that the “details are not there.”
This is a developing story. The Daily will continue to update this story as new information becomes available.
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Twitter: @shreyasrin
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