Both the 2nd circuit and the 7th circuit have oral arguments in ballot access cases this week of June 5-9. The 2nd circuit heard arguments in Lopez Torres v New York State Bd. of Elections on June 7, and the 7th circuit hears arguments in Lee v Illinois State Bd. of Elections on June 9.

The New York case involves ballot access to the primary ballot, for candidates for Delegate to the Judicial Nominating Conventions. The oral argument lasted two hours, three times as long as had been scheduled.

The Illinois case challenges the petition for independent candidates for the legislature. It is so restrictive, it has not been used since 1980. Independent candidates for the Illinois legislature need a petition signed by 10% of the number of voters who voted in that district in the last general election. Furthermore, the petition is due in December of the year before the election. No other state requires independent candidates to submit petitions greater than 5% of the number of registered voters, and no other state requires the petition to be submitted in the year before the election. Yet, amazingly, the U.S. District Court had upheld the law.