Are There Restrictions on Party Changes by Candidates ?
In Sperling v. County Officers Electoral Board, 57 Ill. 2d 81, 86, 309 N.E.2d 589 (1974), the court stated, "we believe that the standards governing party changes by candidates may and should be more restrictive than those relating to voters generally.
It seems clear to us that the State's interest in preserving the integrity of the political process will support reasonable restriction upon party-switching candidates, and the 2-year restriction in article 8 of the Election Code citation was upheld as it applied to candidates for the General Assembly in Bendinger v. Ogilvie (N.D. Ill. 1971), 335 F. Supp. 572." Sperling, 57 Ill. 2d 81, 84-85, 309 N.E.2d 589 (1974).
The court continued, stating "that the restriction on candidates could be upheld against constitutional challenge is, however, of little help here.
Such restrictions and establishment of the periods of time involved are, within constitutional limitations, matters for legislative determination." Sperling, 57 Ill. 2d at 86.
Thus, the Sperling court essentially invited legislative action.