On May 23, U.S. District Court Judge Matthew F. Kennelly denied reconsideration in Gonzales v Madigan, n.d., 1:16cv-7915. The request had been pending since September 20, 2019. The case was filed in 2016 by an Illinois Democratic primary candidate, Jason Gonzales, against his primary opponent, Illinois House Speaker Michael Madigan. Gonzales had charged that Madigan had found a “sham” candidate with a Hispanic surname to enter their primary, so as to split the vote of Democratic primary voters who might want to vote for anyone with a Hispanic name. The district is majority-Hispanic.

The lawsuit was based on a Seventh Circuit opinion from 1973, Smith v Cherry, 489 F.2d 1098, which said that recruiting a sham candidate can be a violation of the U.S. Constitution. The Gonzales case is now so old, it will be interesting to see if Gonzales appeals.

On May 12, Minnesota Governor Tim Walz signed HF 3429. It allows general election candidate petitions this year to be electronic. It also extends the deadline for a qualified party to notify the state of its presidential nominee from August 11 to August 28. The bill does not extend the deadline for independent presidential petitions, and that deadline continues to be August 18.

On May 22, U.S. District Court Judge Peter G. Sheridan issued an order in Wilmoth v Guadagno, a New Jersey case over the state’s ban on out-of-state circulators for primary petitions. New Jersey no longer limits out-of-state circulators for general election petitions. The state says the ban on out-of-state circulators for primary petitions is to protect the associational rights of political parties.

Judge Sheridan had upheld the law on March 24, 2017, but on April 19, 2018, the Third Circuit had remanded the case back to him, and said that he must apply strict scrutiny. On May 22, 2020, Judge Sheridan said a hearing is needed to develop facts. It will be July 22, 23, and 27.

This is one of the oldest ballot access cases in the nation. It was filed in early 2016.