* 4:39 pm - At last check, the court battle over the wording of the constitutional convention referendum question is still going on. They’ve been at it for three hours. The judge in the case has told both sides he will rule on a motion to dismiss at 4:40 pm this afternoon, so check back.
They’ve gone back and forth on the various issues all afternoon, so there could be more rulings fairly soon if the suit isn’t dismissed.
The plaintiffs (Chicago Bar Association, Lt. Gov. Quinn, etc.) have proposed a remedy that would involve printing a paper ballot that would just have the con-con question on it, in addition to the already printed ballots.
* 5:04 pm - Text message from a reporter friend on the scene…
Cook County judge just ruled the con-con ballot language unconstitutional, and orders a notice of revised language.
* 5:10 pm - More from that same reporter friend on the scene [paraphrased to avoid too many brackets]…
The judge ordered said a paper notice should be handed out at the polls advising voters to ignore the language on the ballot itself. Also, the same polling place notice shall provide voters with the newly revised language. The judge says the same notices should also be mailed to voters.
This seems reasonable, and could actually work in favor of con-con supporters because it provides them a reminder at the polls that the question is on the ballot.
* 5:18 pm - From Pat Quinn’s office…
The judge placed a stay on Cook County from sending out any more absentee ballots. Chicago had already stopped sending out the ballots when they received notice of the case.
The judge also ordered everyone back Friday morning at 9 to discuss language proposals.
* 5:37 pm - So, here’s essentially what happened as far as I can tell…
Local election authorities claimed it was simply too late to print all new ballots in time for the November election, not to mention early voting and the absentee ballots which have already been mailed. So, the judge in the case couldn’t really toss out the existing ballots and order new ones printed.
Instead, the judge ordered said he wanted voters to be given a flier at the polling place which tells them to ignore the ballot question as originally written and instead use the new language on that flier as their guide. The new ballot question language will be decided at a Friday morning court hearing. [Strike was made for a clarification. The plaintiffs have not yet formally accepted this remedy and may ask for a different remedy.]
No word yet on any appeals.
As a reminder, here’s the ballot question language that was tossed out today…
In 1988 the electors rejected the call for a constitutional convention, with 75 percent voting against calling a convention and 25 percent voting in favor of calling a convention.
* 6:04 pm - The AP now has a story up…
A judge has ordered Illinois election officials to temporarily stop mailing absentee ballots and create a flyer to hand to voters on Election Day because of “misleading” and “inaccurate” language on the ballot.
Circuit Court Judge Nathaniel R. Howse Junior ruled Wednesday the flyers should explain how the language, which deals with a referendum on a constitutional convention in Illinois, is biased. He ordered lawyers to return Friday to discuss specific ballot changes. [emphasis added]
So, not only are voters to be given a new question at the polling place (and via the mail) and advised to ignore the question on the original ballot, but they are also to be told how the original question is so biased. Interesting.
I’m expecting the judge’s order soon.
* 6:48 pm - From the attorney general’s office, which represented the defense and asked that the case be dismissed today…
We will decide our next step after we review this with our client.
In other words, no decision yet on an appeal.
* Also, Lt. Gov. Quinn and I just had a brief phone conversation (the Sox fan is at Cub Field, so I couldn’t bear speaking with him for long)…
“It went pretty well, I thought… We’re a lot better off right now than we were this morning.”
* And this is from Bruno Behrend and John Bambenek, co-founders of the Illinois Citizens Coalition…
“Today’s ruling in Cook County Court that calls on the Illinois Secretary of State and the Illinois State Board of Elections to implement revised language into the November ballots – specifically, rewording the question for the Constitutional Convention – is a victory for Illinois voters. As the Illinois Citizens Coalition, we maintain that our primary goal this Fall is to show Illinoisans why it is necessary to open a Constitutional Convention. We have a huge mountain to climb – just today a court of law identified faulty language on the ballot as related to the Con-Con question and conveniently no entity was identified as being responsible for that faulty language. That point alone shows that the foundation in Illinois is broken and that the powers that be are willing to compromise the ability of voters to have a free and fair election. Too few have too many powers and the only way to fix the system is to rebuild its foundation. We sincerely thank Lt. Governor Pat Quinn and the Chicago Bar Association in helping us advance this matter and we look forward to November when Illinois voters vote yes!”
* 7:18 pm - From the Sun-Times…
A referendum on the Nov. 4 ballot asking whether Illinois should hold a constitutional convention is “downright misleading and false,” a Cook County judge said today. […]
“I believe the language is not accurate [and] interferes with the rights of voters,” said the judge, who stopped short of ordering a statewide reprint of all ballots that include the so-called “Con-Con” question.
Instead, he ordered lawyers to come up with a new version by Friday morning and offered a suggestion: printing the new question on separate paper that carries an official government seal and distributing that at polling places on election day.