Charlie McGorray, who is running for Illinois House of Representatives in the 96th District against Rep. Sue Scherer, has filed a lawsuit against Governor JB Pritzker, and the State Board of Elections.
The lawsuit says the extension of Governor’ Pritzkers Stay-At-Home Executive Order denies fundamental liberties and political association rights of McGorray.
McGorray was nominated to run by the Republicans Representative Committee for the 96th District. Under state election code, the Committee can nominate a person to run for a vacant position. The nominee can be placed on the ballot if they collect a minimum of 500 valid petition signatures. Currently the GOP position is considered vacant because no one ran in the primary.
According to the lawsuit filed on May 9, to secure placement on the General Election ballot, McGorray must obtain the signatures by June 1. The lawsuit says the petition circulation is not classified as an “Essential Activity” under Gov. Pritzler’s Executive Order, and according to the lawsuit makes it impossible for McGorray to obtain them by the June 1 deadline. Once the Executive Order is lifted, it would only give McGorrary two days to obtain the required signatures.
The interference with the Election Code arises from what the lawsuit calls the unconstitutional reach of the Executive Order. The Governor does not have the authority to make amendments to the Election Code or Illinois Constitution.
The attorney for McGorrary, Jerrold Stocks, of Featherstun, Gaumer, Stocks, Flynn & Eck, LLP, is also arguing in the lawsuit that because the Executive Order does include sanctions for violators, it is more directory and “unenforceable and not mandatory.”
The lawsuit is seeking a “temporary, preliminary and permanent injunction” against the Defendants named in the lawsuit.
Stocks told WAND News on Monday that if a court sides with his client, the ruling would apply to all residents of the state of Illinois.