On December 6, the Seventh Circuit issued a favorable procedural ruling in Gill v Scholz, the case over the 5% petition requirement for independent candidates, and the nominees of unqualified parties, for U.S. House. The state had tried to persuade the Seventh Circuit to terminate the case in the U.S. District Court, but the Seventh Circuit declined to do that.
The case now is before the U.S. District Court for a decision as to whether the 5% petition requirement, combined with the 90-day petitioning period, is too severe. It is fairly likely that the U.S. District Court Judge will grant declaratory relief, because on August 25, 2016, she had enjoined the law and said it is probably unconstitutional. Afterwards the Seventh Circuit had blocked the plaintiff-candidate, David Gill, from being put on the ballot, but said nothing about the merits of the issue.
Here’s hoping the courts toss out the 5% requirement not just for Congress, but statewide as well. We could use a nice shot of democracy (ie the elections) in Illinois given the failure of the Democrats and Republicans to pass a budget and keep universities and schools and the social safety net functioning properly. A year and a half and counting…ugh.
Every election is NEW.
EQUAL ballot access tests for ALL candidates for the SAME office in the SAME area.
Much too difficult for the armies of MORON lawyers and courts since 1968 — Williams vs. Rhodes