On September 18, the Seventh Circuit heard arguments in Tripp v Scholz, 16-3469. This is the Green Party case that challenged the petition requirements for state representative in 2014. The U.S. District Court had upheld the requirements. The party argued that the 5%, in combination with the requirement that each sheet be notarized, the fact that there were no population centers in the two particular districts at issue, that only 90 days are permitted, and the signers must state they are themselves organizing the party, together, is unconstitutionally difficult.

Here is a link to the 30-minute oral argument, which seemed to show that the three judges will uphold the requirements. One judge stated flatly that the notarization requirement is not burdensome because a circulator is free to bring in all his or her sheets in a single trip to the notary. She also stated flatly that the notarization requirement is needed to prevent fraud, ignoring all the evidence that the Green Party had presented that it is not necessary to combat fraud.

The judges seemed to believe that Illinois ballot access is not burdensome because primary voters are free to sign a petition for a newly-qualifying party or an independent candidate. But, every state except Texas permits that. That fact was not brought out.

No minor party candidates for the legislature qualified for the Illinois ballot in either 2014 or 2016. The record reveals this for 2014, but even though the judges seem vaguely aware that there are few successful minor party petitions for the legislature in Illinois, they did not seem to know there were none.

The attorney for the state criticized the party because it didn’t start circulating the petition until one-third of the petitioning period was over, but the petitioning period starts in early March, and no reference was made to the winter weather in Illinois, nor the fact that March is remote in time from the general election.