The state has to hold two votes one fill out the remaining 60 days of the term that was left unfulfilled when President Obama was elected. The second vote is for a full six-year term.
It is unconstitutional for a senator to be elected to a term of six years and 60 days, so two different votes are needed.
Under the proposal the federal judge is now considering the primary winners -- Senate Democrat Alexi Giannoulias, Republican Mark Kirk and Green Party candidate LeAlan Jones -- will appear on the ballot for the vote on the 60-day term and the six-year term.
The judge is also considering allowing anyone who gets 25,000 valid signatures to be on the ballot for the 60-day term.