Gutknecht had always chosen to submit filing petitions when running for Congress instead of paying the $300 election filing fee, calling this a more fiscally conservative approach. Gutknecht was the only major party candidate in Minnesota to submit filing petitions in 2006. In August 2006, Louis Reiter of Elgin, Minnesota filed papers with the Minnesota Supreme Court seeking to disqualify Gutknecht from having his name appear on the September 12, 2006 primary ballot. The filing was prepared by DFL election attorney Alan Weinblatt, and argued that all candidates are subject to a time limit for petitions, and that most of the petition signatures were gathered before the July 4–18, 2006 period which the lawsuit claimed was applicable. Gutknecht filed the petitions on July 5, 2006, the first day possible for such filings. He had never previously been challenged on this point. The state Supreme Court heard the case on August 22, 2006 and denied the attempt to disqualify Gutknecht the same day.