On August 26, attorneys for the Illinois State Board of Elections appealed the August 25 decision in Gill v Scholz. This is the case over the requirement that independent candidates for U.S. House submit a petition equal to 5% of the last vote cast, for U.S. House. In the 7th circuit, the case is 16-3279.

Also on August 26, the state asked the U.S. District Court Judge to stay her own order that put David Gill on the ballot, but later in the same say she refused.