U.S. Supreme Court Puts Alabama Ballot Access Case on October 1 Conference

The U.S. Supreme Court will consider whether to hear Hall v Merrill, 18-1362, on October 1, 2019. This is the Alabama ballot access case in which a U.S. District Court struck down the 3% petition for independent candidates for U.S. House in special elections, given that the petitioning time is so short. Afterwards, the Eleventh Circuit said the U.S. District Court should not have ruled, because the election was over. The U.S. Supreme Court said in 1969 that constitutional ballot access cases are not moot just because the election is over. But the Eleventh Circuit said the rule is different for special elections. There is no other precedent that comes to that conclusion, and the Eleventh Circuit opinion is in conflict with precedents from almost all other circuits.


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