The 11th circuit will hold a hearing in Swanson v Worley the week of January 27, 2007, in Montgomery, Alabama. This is the challenge to Alabama ballot access laws for minor parties and non-presidential independent candidates. Alabama requires a petition of 3% of the last gubernatorial vote, the highest in the nation, when one compares the states by looking at the easier method to get on the ballot (minor party and independent).

Constitutional challenges to petition requirements for minor parties are pending in Alabama, Alaska, New Hampshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, and West Virginia.