On June 18, the Seventh Circuit issued an opinion in Gill v Scholz, 19-1125. This is the case against the 5% Illinois petition for U.S. House, for independent candidates and the nominees of unqualified parties. David M. Gill was an independent candidate for U.S. House in 2016. He showed at his trial that no one had complied with the 5% petition in Illinois, for U.S. House, since 1974 (except in instances when a candidate submitted a petition that was not challenged). U.S. District Court Judge Sue Myerscough issued injunctive relief, putting him on the ballot.

But fifteen days later, the Seventh Circuit removed him from the ballot, without writing any explanation. The following year, the case was still in U.S. District Court for a decision about the constitutionality of the 5% petition for U.S. House. It was thought likely Judge Myerscough would hold the law unconstitutional. However, while the case was pending, the case was assigned to another U.S. District Court Judge, who upheld the 5% petition. Gill then appealed to the Seventh Circuit, which has now said that the decision upholding the requirement was flawed with factual and logical errors.

Now the case has been sent back to U.S. District Court, which will write a new opinion. Because the evidence is so strong that the petition requirement is very difficult, it is likely the law will now be held unconstitutional.

The June 18th decision is written by Judge Michael B. Brennan, and signed by Judges Michael Scudder and Amy J. St. Eve. All three are Trump appointees.

Georgia and Illinois require more signatures for U.S. House, for the nominees of unqualified parties and for independent candidates, than any other states. The month of June 2020 has now seen U.S. Courts of Appeals in both states issue favorable procedural rulings against these 5% petition laws.