Earlier this year, the Alabama Democratic Party sued the Secretary of State to get a free list of the registered voters of the state. On October 2, the Secretary of State settled the lawsuit by agreeing to furnish the statewide list of registered voters to the Democratic Party, and also to the Republican Party, twice a year in election years. The case is Turnham v Chapman, cv2008-901037, Montgomery County Circuit Court.

Under a U.S. Supreme Court summary affirmance in 1970, called Socialist Workers Party v New York State Board of Elections, if a state gives a free list of registered voters to the qualified parties, it must give the same list to the unqualified parties that are trying to get on the ballot. The Alabama Libertarian Party has already set up a plan to begin petitioning for party status for the 2010 election, starting with a push on November 4, 2008 to circulate petitions at the polls. Under the 1970 precedent, the Alabama Libertarian Party is in a strong position to receive the list of registered voters.