ROCK ISLAND (LN) — U.S. District Judge Sara Darrow ruled on Monday that Illinois’s ballot access rules for independent candidates do not impose a severe burden on First Amendment associational rights, denying a preliminary injunction sought by candidate Randy Flowers.
Flowers, who resides in the 17th Congressional District, argued that the Illinois Election Code’s signature threshold, combined with a 72-day circulation window and an early filing deadline, violated his constitutional rights to political expression and equal protection. He sought to enjoin the Illinois State Board of Elections from enforcing these rules for the 2026 general election.
The court held that Flowers failed to establish a likelihood of success on the merits under the Anderson-Burdick framework, which balances the character and magnitude of the burden against the state’s interests.
Flowers contended that the 5% signature requirement—amounting to at least 16,035 signatures in his district—was unconstitutional, particularly when compared to the roughly 744 to 852 signatures required for established party candidates to enter the primary. He also cited the district’s large geographic size, harsh winter weather during the circulation period, and alleged signature invalidation rates of 30% to 60% as compounding factors that made the burden severe.
Darrow rejected these arguments, noting that the Supreme Court has previously upheld similar 5% requirements in cases such as Jenness v. Fortson and American Party of Texas v. White. The court emphasized that Illinois’s requirement is based on actual votes cast, not registered voters, making it more burdensome than the standard in Jenness, though still constitutional.
Regarding the geographic and logistical challenges, Darrow pointed out that the 17th District, while large at 4,481.9 square miles, has a population density of 165.9 people per square mile and contains substantial parts of major population centers like Rockford and Peoria. She noted that candidates can rely on volunteer circulators and that the district is not uniquely difficult compared to others that have survived constitutional scrutiny.
The judge also dismissed the weather and invalidation rate arguments, stating that Flowers provided no evidence in his motion or reply to support the specific invalidation rates he alleged and that the weather described was not extreme enough to alter the analysis.
Darrow concluded that the Illinois Election Code imposes only a moderate burden that is justified by the state’s important interests in preventing voter confusion, avoiding ballot overcrowding, and ensuring candidates demonstrate a modicum of support.
Flowers’s motion for a preliminary injunction is denied.
Darrow is a George W. Bush appointee.