On June 9, the 7th circuit held its hearing in Lee v Illinois State Board of Elections. This case challenges Illinois law that requires an independent candidate for legislature to submit a petition signed by 10% of the last vote cast, by December of the year before the election.

The hearing went very well. No independent candidate for the state legislature has qualified since 1980. In 1974 and again in 1977, the U.S. Supreme Court said that ballot access laws are likely unconstitutional when the historical record shows that few candidates qualify. Unfortunately, most lower courts ignore those decisions (for example, the 6th circuit). But this panel of the 7th circuit is aware of the 1974 and 1977 precedents, and seems likely to use them. It seems likely the law will be declared void.