The Supreme Court will not stop a special election at the request of Sen. Roland Burris, the Associated Press reported Monday.

The Illinois Democrat argued that federal courts overstepped their authority in ruling that only candidates qualified to run for his Senate seat in the November general election will qualify for a special election to fill the last two months of his term.

Burris previously told the Chicago Sun-Times that he would run in a special election if one were held. But because he is not running in the general election, he does not qualify.

Burris was appointed by disgraced former Gov. Rod Blagojevich (D) to take the seat previously held by President Barack Obama, but a Chicago alderman won a federal lawsuit arguing that the state was obligated to call a special election and has improperly ignored the statute.

The special election to finish Burris’ term will be held Nov. 2, which is also the date of the general election. The field will consist of Republican Rep. Mark Kirk, Democrat Alexi Giannoulias and Green Party candidate LeAlan Jones. Other candidates from independent or smaller parties may qualify, the Sun-Times reported.

The winner of the special election will serve until the new Congress convenes Jan. 3.

Burris made his request to the high court earlier this month, but it refused to intervene.