Illinois Ballot Access Case to Get New Judge

The oldest ballot access still pending in the trial court is the Illinois lawsuit against the 5% petition for independent candidates for U.S. House, Gill v Scholz, c.d., 3:16cv-3221. It was filed in 2016 by independent candidate David Gill. On August 25, 2016, U.S. District Court Judge Sue Myerscough issued an injunction putting him on the ballot. But on September 9, the Seventh Circuit stayed her decision, although it did not explain why. The order consisted of only one sentence.

Then, while the case was pending for declaratory relief before Judge Myerscough, another U.S. District Court Judge in the Central District of Illinois, Colin Bruce, lost all of his pending criminal caseload, because of an ethical lapse. The chief judge of the district then reassigned many civil cases to Judge Bruce, to give him some work. Among the reassigned cases was Gill v Scholz.

On December 18, 2018, Judge Bruce upheld the Illinois 5% petition for U.S. House, but he made some factual errors. On June 18, 2020, the Seventh Circuit noted the factual errors and send the case back to Judge Bruce.

On August 24, 2021, Judge Bruce recused himself from the case, without explaining why. So now the case will be assigned to another U.S. District Court Judge. Possibly it will go back to Judge Myerscough.


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