A Chicago judge will keep a lawsuit alleging several Chicago mayoral candidates, including Alexi Giannoulias and Mike Quigley, are illegally double-dipping by also running for reelection in November, but did not issue a final ruling Thursday.
Mayoral candidate Bill Quinlan filed the lawsuit seeking to disqualify any candidate already pursuing reelection in their current office in Novembre while simultaneously running for mayor in February 2027. The lawsuit names rivals Alexi Giannoulias, Mike Quigley and Maria Pappas.
Giannoulias is running for reelection as Illinois Secretary of State; Quigley is seeking reelection to federal office as U.S. congressman for Illinois' 5th district; and Pappas is running for reelection as Cook County treasurer.
Cook County Board of Review member George Cardenas could also be impacted by the lawsuit.
While candidates for mayor have begun circulating nominating petitions to get on the ballot, they cannot file them until Oct. 19, meaning no candidates have yet to officially seek a place on the ballot.
Quinlan filed his lawsuit in Chancery Court, and Giannoulias has filed to move the case out of that course. The judge is also considering that motion Thursday.
The judge heard arguments Thursday morning and issued an oral ruling this afternoon, denying Giannoulias' motion to move it out of Chancery Court, but declining to issue a full ruling on the merits of the suit. The next hearing on the lawsuit will be on Oct. 14.
Quinlan argues changes in election law in 2024 says if a person's name is presented as a candidate for two or more incompatible offices – as in, they cannot serve in both roles at the same time – they must withdraw from all but one. Whether the role of Chicago mayor and the defendants' current roles are actual incompatible is not yet tested. It is not uncommon for state officeholders to simultaneously serve in local government, and it's not uncommon for mayors or township officials to serve in the legislature.
Because the three named in the lawsuit are all up for reelection in the 2026 midterms on Nov. 3, but can file to get on the ballot in Chicago between Oct. 19 and 26, that election law change applies to them.
"Before when you saw examples of candidates that run for multiple offices they did not file for mayor until they were re-elected so they were not standing for two offices at the same time," Quinlan said.
Before the 2024 change in state law, mayoral candidates could not begin filing nominating petitions until after the previous year's general election. The new law requires them to file their petitions by Oct. 26.
Former Chicago election commissioner Bill Kresse said this suit is a first and raises the question of when, exactly, one becomes a legal candidate.
"It really has never been answered by the courts," he said. "When is someone considered a candidate? Is it when they announce? Is it when they're starting to circulate petitions? When do they become a candidate?"
Quinlan argues the answer is already in state law and all three candidate have crossed that line.
"Illinois law defines a candidate and it defines it two ways – one you open a fund for the office and two that you state you are running for that office all three have funds and have stated they are running for office," he said.
CBS News Chicago has reached out to Giannoulias, Pappas and Quigley for comment.
Pappas responded that she hasn't been served with he lawsuit and said because she has not yet declared herself a candidate for mayor, the lawsuit doesn't apply to her.
Quinlan told CBS News Chicago, "If you have stated at all that you're running for mayor and you're raising money, you're considered a candidate." Pappas said she has not done any fundraising for a mayoral campaign.
CBS News Chicago is waiting to hear back from the other candidates named in the lawsuit.
Todd Feurer and Capitol News Illinois contributed to this report.
