When candidates file their paperwork to run for elected office in Illinois, they have the option to sign an unconstitutional remnant of McCarthy-era politics: a loyalty oath.

GALESBURG — When candidates file their paperwork to run for elected office in Illinois, they have the option to sign an unconstitutional remnant of McCarthy-era politics: a loyalty oath.

By signing the oath, candidates swear that they are not part of any organization that “advocates the overthrow of constitutional government” or part of “any communist organization or any communist front organization.”

The oath has remained on the books since it became Illinois law in 1951. The loyalty oath used to be required, but was deemed unconstitutional in the 1970s.

Mayoral candidate Walt McAllister was surprised to see the optional oath included among the candidate paperwork he picked up.

“I think it’s very old fashioned,” McAllister said. “It just reverts back to 1950s thinking. This is for mayor of Galesburg, Illinois, not for president of the United States.”

Illinois appears to be one of the few states that still has or ever had a loyalty oath. Illinois’ was struck down in 1972, and the Supreme Court declared state loyalty oaths unconstitutional in 1974 when Indiana’s was challenged. Pennsylvania still has one with candidates pledging not to be a “subversive person,” but its attorney general stopped enforcing that in 2006 after it was challenged, according to The Philadelphia Inquirer. Florida still has a loyalty oath, but it doesn’t mention communism or overthrowing the government. Instead, it ensures that candidates are qualified and pledge to uphold the state and federal constitutions.

The Illinois legislator who sponsored the bill to create the loyalty oath in 1951, Clyde Choate, also sponsored a bill to repeal it in 1967, but that effort failed, according to The Chicago Tribune.

Until the Illinois General Assembly makes any changes, the optional loyalty oath will remain part of election law and continue to be issued to candidates, Illinois State Board of Elections General Counsel Ken Menzel said.

“I think everyone recognizes it’s somewhat vestigial, but no legislator wants to (sponsor a bill to remove it),” Menzel said.

Most candidates sign it, Menzel said.

That appears to be the case locally as well.

City Clerk Kelli Bennewitz said she’s always signed it.

“I don’t see any issue with it,” she said. “I don’t know if it’s completely necessary, but I don’t mind signing it. I know there are some things in there that are maybe just an old formality, but I don’t mind signing it.”

As far as Galesburg Township Supervisor Chris Winick could recall, she’s always signed the loyalty oath, but sees it mostly as a waste of paper.

“If it’s not a required document, I’m not sure why they even continue to have it,” Winick said. “I look at the amount of paper that’s generated. It’s ridiculous how many trees we kill.”

While many think the loyalty oath is no longer necessary, State Rep. Don Moffitt, R-Gilson, said it provides voters with another piece of information about the candidates they’re considering.

“I think that the loyalty oath is a reasonable thing. If you refuse to sign it, the people should know your feelings,” he said. “If you don’t or can’t (sign it), people should know it and they can make their decision.”

And while McAllister was surprised to see it, he says he’s going to sign it.

“I was going to sign it,” he said. “I just thought it was silly.”

Ben Zigterman: (309) 343-7181, ext. 255; bzigterman@register-mail.com; @bzigterman; m.me/bzigterman