On September 19, James Hall asked the full Eleventh Circuit to rehear Hall v Merrill, 16-16766. This is the case over whether it is constitutional to require an independent candidate for U.S. House to submit a petition of 3% of the last gubernatorial vote in special elections, when there isn’t as much time to circulate the petition. The U.S. District Court had ruled in favor of the candidate and against the state of Alabama. Then the state appealed to the Eleventh Circuit, which said last month that the U.S. District Court should not have struck down the law, because the case was moot. This contradicts the teaching of the U.S. Supreme Court that constitutional ballot access cases are not moot just because the election is over. The Eleventh Circuit decision was 2-1, with a vigorous dissent. Here is the request for rehearing en banc.
Ballot Access News
Edited By Richard Winger
If Alabama used Top 2, there would not be this problem, since all candidates would have the same ballot access.
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More Separate and UN-equal stuff ???