Judge Rules That Stevenson Cannot Run as Independent : Will Face Harder Task of Starting 3rd-Party Effort

CHICAGO —  A federal judge today ruled that Adlai E. Stevenson III cannot run for governor as an independent, leaving Stevenson with the much more difficult task of launching a third-party bid.

U.S. District Judge James B. Parsons upheld the constitutionality of a state law requiring that independent candidacies be filed by last December, which Stevenson did not do.

Parsons said he was forced to balance the competing interests of the state and the “unique situation” in which Stevenson found himself after the March 18 primary, in which Stevenson’s choice for running mate was defeated by a supporter of extremist Lyndon LaRouche.

Stevenson will appeal the ruling, his press secretary, Bob Benjamin, said.

Stevenson resigned as the state’s Democratic nominee in April, after LaRouche supporter Mark J. Fairchild won the party’s nomination for lieutenant governor in the primary. LaRouche supporter Janice A. Hart won the Democratic nomination for secretary of state.

‘Neo-Nazi’ Philosophy

Stevenson said he could not run on the same ticket with candidates tied to LaRouche, who he said espouses a “neo-Nazi” philosophy.

Stevenson had hoped to run as an independent because, under state law, such a bid would have allowed him to field candidates only for races in which he chose to do so.

A third-party candidacy in the general election would require him to run a full slate of candidates for statewide offices, meaning that some of his running mates would be competing with regular Democrats.

Candidates on the Democratic ticket had generally balked at the idea of joining Stevenson in a jump to a third party.

Stevenson, a former U.S. senator, is seeking to unseat Republican Gov. James R. Thompson, who is trying for an unprecedented fourth term. Stevenson lost to Thompson in the bitterly fought 1982 governor’s race, the closest ever in Illinois history.

Challenged Deadline

To run with him as independents, Stevenson had drafted former Cook County Circuit Judge Michael Howlett as candidate for lieutenant governor and Du Page County Commissioner Jane Spirgel as candidate for secretary of state.

Stevenson’s suit against the State Board of Elections challenged a provision of state election law that calls for independent candidates to have filed by last Dec. 16. He wanted the deadline moved to next Aug. 4, the same as for third-party candidates.

State law requires that candidates for governor and lieutenant governor run as a team in the general election, with a single vote cast for both.

Vince Demuzio, chairman of the state Democratic Party, has said the party will not replace Stevenson on the regular ticket.

Recently, Fairchild has contended that Stevenson’s resignation from the ticket automatically made Fairchild the Democratic nominee for governor. But state election officials have said election law does not provide for any such change.