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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Libertarian Party of Illinois, et al., ) Case No.: 20-cv-2112

)

Plaintiffs, ) Hon. Charles R. Norgle, Sr.,

) Presiding Judge

and Kyle Kopitke, )

)

Intervenor, )

)

vs. )

) Hon. Jeffrey Cummings,

) Magistrate Judge

J.B. Pritzker, et al., )

) Hon. Rebecca R. Pallmeyer,

Defendants. ) Emergency Judge

PRELIMINARY INJUNCTION ORDER

Plaintiffs and Intervenor have moved for a preliminary injunction seeking relief from 

certain provisions of the Illinois Election Code because of the difficulties caused by the current 

pandemic. Based on the circumstances as set out in the Motions for Preliminary Injunction and the 

Response of Defendants J.B. Pritzker, Governor of the State of Illinois, and the members of the 

Illinois State Board of Elections, the Court has determined that entry of a preliminary injunction 

is proper. Accordingly, it is ORDERED:

1. The in-person signature requirement, circulator statement, and notarization 

requirement of 10 ILCS 5/10-4 is enjoined from having effect for new political party and 

independent candidates, as defined in 10 ILCS 5/10-2 and 10 ILCS 5/10-3, for the November 2020 

general election only. Specifically, the following portion of 10 ILCS 5/10-4 is enjoined:

At the bottom of each sheet of such petition shall be added a circulator's statement, 

signed by a person 18 years of age or older who is a citizen of the United States; 

stating the street address or rural route number, as the case may be, as well as the 

county, city, village or town, and state; certifying that the signatures on that sheet 

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of the petition were signed in his or her presence; certifying that the signatures are 

genuine; and either (1) indicating the dates on which that sheet was circulated, or 

(2) indicating the first and last dates on which the sheet was circulated, or (3) 

certifying that none of the signatures on the sheet were signed more than 90 days 

preceding the last day for the filing of the petition; and certifying that to the best of 

his knowledge and belief the persons so signing were at the time of signing the 

petition duly registered voters under Articles 4, 5 or 6 of the Code of the political 

subdivision or district for which the candidate or candidates shall be nominated, 

and certifying that their respective residences are correctly stated therein. Such 

statement shall be sworn to before some officer authorized to administer oaths in 

this State.

2. The requirement in 10 ILCS 5/10-4 that a new political party or independent 

candidate must file the “original sheets which have been signed by the voters and by the circulator, 

and not photocopies or duplicates of such sheets” is also enjoined.

3. The effect of enjoining the portions of 10 ILCS 5/10-4 listed in Paragraphs 1 and 2 

above is that a physical “wet” signature would still be permitted but not required on the candidate’s 

petition. Petition signers may physically sign a copy of a candidate’s petition, or they may 

electronically sign their handwritten signatures to the petition using a finger or a device such as a 

computer mouse or stylus.

4. The filing deadline for new political party and independent candidates, as set forth 

in 10 ILCS 5/10-2, 10-3, 10-5, and 10-6, will be extended to August 7, 2020. The filing period for 

new party and independent candidates will run from July 31, 2020 to August 7, 2020.

5. Candidates nominated by Plaintiff Libertarian Party of Illinois (“LPIL”) and 

Plaintiff Illinois Green Party (“GPIL”) shall qualify for placement on Illinois’ November 3, 2020 

general election ballot for each office for which the respective party placed a candidate on Illinois’ 

general election ballot in either 2018 or 2016. Plaintiff LPIL and Plaintiff GPIL shall submit a list 

of their qualifying candidates and the office for which the candidate is running to Defendant 

Illinois State Board of Elections on or before August 7, 2020, by First Class Mail postmarked on 

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that date or by any other equally expeditious method. Defendants are enjoined from requiring that 

such candidates submit petitions to qualify for placement on Illinois’ 2020 general election ballot.

This Paragraph does not apply to established political parties as defined by 10 ILCS 5/10-2.

6. The independent candidate Plaintiffs – Marcus Throneburg, David Gill and 

Intervenor Kyle Kopitke – shall qualify for placement on Illinois’ November 3, 2020 general 

election ballot for each office for which the respective candidate qualified for Illinois’ general 

election ballot in either 2018 or 2016. Plaintiffs Throneburg, Gill and Intervenor Kopitke shall 

provide Defendant Illinois State Board of Elections notice of their intent to run for such office on 

or before August 7, 2020, by First Class Mail postmarked on that date or by any other equally 

expeditious method. Defendants are enjoined from requiring that Plaintiffs Throneburg, Gill and 

Intervenor Kopitke submit petitions to qualify for placement on Illinois’ 2020 general election 

ballot for such offices.

7. Candidates nominated by Plaintiff LPIL and Plaintiff GPIL, or any other new political

party as defined by 10 ILCS 5/10-2, who do not qualify for placement on Illinois’ 2020 general 

election ballot under the terms set forth in Paragraph 5, and any independent candidate as defined 

in 10 ILCS 5/10-3, shall, in the alternative, qualify for the Illinois 2020 general election ballot 

provided that they submit a petition with valid signatures equal in number to 10 percent of the 

signature requirement specified for the applicable office in the State of Illinois 2020 Candidate’s 

Guide issued by the Illinois State Board of Elections and available at https://www.elections.il.gov/.

8. Good cause exists to waive the posting of any bond, therefore the requirement of 

posting a bond is hereby waived.

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9. The Court retains jurisdiction over this matter to enforce this order or enter further 

relief as necessary and appropriate.

So Ordered.

Dated: April 23, 2020 _______________________________

REBECCA R. PALLMEYER

 Chief U.S. District Judge, 

sitting as Emergency Judge

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