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.

On June 18, Joseph Kishore, the Socialist Equality Party presidential nominee, filed a federal lawsuit for ballot access relief during the health crisis. He seeks to petition as an independent candidate. Even though the federal courts already declared the 30,000-signature requirement for statewide independent candidates unconstitutional last year, the state web page still says independent presidential candidates need 30,000 signatures, due July 16.

Here is the Complaint, which has interesting information about the plaintiff and also about his party.

Here is a news story about the lawsuit. Thanks to Thomas Jones for that link.

Last year, a U.S. District Court in Arkansas enjoined the new 3% petition requirement for newly-qualifying parties, and put the Arkansas Libertarian Party on the ballot for 2020. On June 18, the Eighth Circuit ruled that the U.S. District Court Judge was correct. Libertarian Party of Arkansas v Thurston, 19-2503.

The Eighth Circuit decision is here. It is written by Judge Michael Melloy, a Bush Jr. appointee; and is signed by Judges Ralph Erickson and Jonathan Kobes, Trump appointees. The opinion says that while is is conceivable that the 3% petition by itself could be held constitutional, in connection with the extremely early deadline, is is not constitutional. The deadline is an entire year before the election. The opinion applies strict scrutiny because the burden is severe.