In mid-October, two petitions for rehearing were filed in important election law cases. Both are still pending. Often, petitions for rehearing are rejected within two or three weeks after they are filed.

In the 7th circuit, the ballot access case from Illinois, Stevo v Keith, lost on October 1. A petition for rehearing en banc was filed on October 15. The issue is whether Illinois has any valid interest in requiring independent candidates for U.S. House to submit 10,000 or more signatures in some years, when only 5,000 signatures are required in certain other years. Case number 08-3218.

In the 9th circuit, the Alaskan Independence Party had lost its case on October 6. A rehearing en banc request was submitted on October 20. The issue is whether a party has a right to control who runs in its primaries. Alaskan Independence Party v State, no. 07-35186.