The lead plaintiff in the Alabama ballot access case has decided to appeal to the U.S. Supreme Court. The case was lost in the 11th circuit on June 29. The issue is the 3% (of the last gubernatorial vote) petition requirement for minor parties and for all independent candidates except presidential independents (presidential independents just need 5,000 signatures).

The attorney for the plaintiff is asking for an extension of time from the U.S. Supreme Court, to file the petition for certiorari. Assuming the extension is granted, this will make it possible for the petition for certiorari to be written after the oral argument in the U.S. Supreme Court in the Lopez Torres New York ballot access case. We will all have a better idea of what the Court is thinking about laws that affect the ability to run for office, after that hearing has been held. That hearing will be on October 3.