CHICAGO (CN) – An Illinois Labor Party candidate cannot throw out the results of the November special election to fill Obama’s former Senate seat, a federal judge ruled Monday.
Stan Jagal had sued the Illinois and the state board of elections, alleging constitutional violations after his name did not appear on the November ballot. He demanded a new election be held, this time with his name included.
U.S. Judge James Zagel dismissed the case, finding that the suit was barred by the 11th Amendment.
“Because the State of Illinois has not consented to jurisdiction in this case, this court lacks jurisdiction to hear Plaintiff’s claims as to the State of Illinois,” Zagel wrote.
The board of elections is similarly protected.
Zagel also held that the issue is moot because it does not present a question that will affect future elections.
Jagal, 48, is a self-described “businessman and government reform advocate.” In the 2008 primary, he unsuccessfully ran for the Illinois 6th Congressional District seat as a Democrat. His campaign as a Labor Party candidate promised “permanent tax relief” for families and small businesses with incomes of less than $2.5 million, government healthcare, and withdrawal from Iraq.
The fight for Obama’s Senate seat has been fraught with legal challenges, including a Supreme Court ruling Monday that rejected Sen. Roland Burris’ bid to appear on the ballot following his appointment by Gov. Rod Blagojevich.