Alabama House Passes Bill Moving Minor Party Petition Deadline to March

[RCR]

On April 26, the Alabama House passed HB 425, which moves the primary (in presidential years) for all office from June to the second Tuesday in March. An already-existing law, section 17-6-22(1), says that new parties must submit their ballot access petition on primary day. Therefore, if this bill is signed into law, the 2012 petition deadline would be March 13.

In 1991, the 11th circuit ruled in New Alliance Party of Alabama v Hand, 933 F 2d 1568, that the old petition deadline of April 6, combined with the requirement that the party submit a number of signatures equal to 1% of the last gubernatorial vote, would be unconstitutional. Nowadays the party petition in Alabama is 3% of the last gubernatorial vote. If a 1% petition due in April was unconstitutional, it is obvious that a 3% petition due in March would also be unconstitutional. Thanks to Josh Putnam of Frontloading HQ for the news about HB 425.

---

This was signed into law and Richard Winger and I talked a couple of days ago. There will be a suit filed and I will keep you guys posted as this is quickly gonna get "interesting". The Alabama GOP State leadership already hates us because we keep knocking them around so this issue will just push a few more buttons LOL. They keep doing it to themselves and all we can do is keep calling them on it so---.