On August 12, the national board of the Coalition for Free & Open Elections (COFOE) voted to spend $455 to pay the filing fee, to appeal Shugart v Chapman to the 11th circuit. This is the case over the number of signatures needed for an independent candidate for U.S. House in Alabama. Alabama is the only state that requires more signatures for an independent candidate for U.S. House, than for an independent presidential candidate.

Twice the U.S. Supreme Court ruled that states can’t require more signatures to get on the ballot for an office in just part of the state, than for a statewide office. But the U.S. District Court said that one of those precedents, Illinois State Board of Elections v Socialist Workers Party, only applies when the comparison is made between a municipal office and a statewide office. Actually, nothing in the U.S. Supreme Court decision says the logic of the case only applies if the office in just part of the state is a municipal office. This is obvious when one reads the later U.S. Supreme Court case, Norman v Reed, which applied the same principle to county office versus statewide office.

The COFOE treasury is now almost depleted, and further funds will be needed to pay for the attorney’s services. COFOE greatly values the contributions that some of you have already made, and hopes for more contributions. Please send any checks to COFOE to PO Box 470296, San Francisco Ca 94147. Anyone donating at least $25 gets a free yearly sub to the paper edition of Ballot Access News.