Democrat judicial candidates Barry Julian and Ebony Huddleston are, for now, off the ballot in their races for Madison County circuit judge.
A three-member county electoral board on Wednesday upheld the position of objector Eric Foster, Republican county board member from Granite City, who argued that Julian and Huddleston submitted nominating petitions with dates outside the lawful circulation period.
Their petitions indicated signatures were gathered on a start date of Jan. 13.
That date would not have been contested, except for a state law that passed in early January creating three judicial subcircuits in Madison County.
The Redistricting Act, which canceled county-wide judicial elections, was rammed through a Democratically controlled legislature late at night without public hearing on Jan. 5. Signed by Gov. JB Pritzker on Jan. 7, it established that petitions could not be circulated any earlier than 15 days after enactment - or Jan. 22.
"The legislature was very clear, they gave definite dates for those petitions to be circulated," Foster said.
He said that the Republican counterparts to Julian - Circuit Judge Christopher Threlkeld - and Huddleston - Circuit Judge Amy Sholar - originally circulated petitions with an incorrect start date, but "scrapped them and started over."
The electoral board included three county officers, Republicans. It was chaired by Treasurer Chris Slusser, appointed to the position because County Clerk Debra Ming-Mendoza, Democrat, recused herself since she had circulated petitions for Julian.
It also included State's Attorney Tom Haine and Circuit Clerk Tom McRae.
Foster said he was satisfied with the outcome, and that if Julian and Huddleston choose to appeal the board's decision the matter would be referred to a Madison County judge.
"The opportunity is afforded to them," Foster said. "They have every right to do so if they choose to do so. That is what the system allows."
The subcircuit law has been challenged by Haine, who last month appealed a Sangamon County judge's Feb. 24 decision dismissing his case. He has called the subcircuit law unjust and unconstititional.
GOP officials also have voiced strong opposition to the legislation saying it was written "by the Chicago machine" to specifically carve out of contention Threlkeld and Sholar, who announced last year their intention to run county-wide for the seats they currently occupy by appointment.
County GOP chair Ray Wesley said the legislation was pushed through by Democrats because Madison County voting trends have become increasingly conservative in the past decade.
The legislation was supported by local lawmakers Rep. Jay Hoffman (D-Belleville), Katie Stuart (D-Edwardsville) and Sen. Rachelle Crowe (D-Maryville).