Tuscaloosa County, Alabama, elects its District Attorney on November 2, 2010. Two candidates are on the ballot, independent Robert Spence and Democratic incumbent Tommy Smith. According to this story in the Tuscaloosa News, Democrats may challenge Spence.
Elections officials say Spence has enough valid signatures. Alabama election law, sec. 17-7-1(c), says no one may qualify as an independent candidate “who was a candidate in the primary election of that year.” Democrats may challenge Spence because he filed to run in this year’s Democratic primary, even though he withdrew from the primary and his name did not appear on primary ballots, except on a few absentee ballots that had been printed before he had withdrawn.
Richard, I hadn’t heard about this, but thanks for posting. Yes, the Democrats and the Republicans – depending on whose ox is being gored – will try ever trick they can to keep 3rd partisans and independents off the ballot.
None of this will ever stop until we make ballot access a civil rights issue. My challenge to you all still stands, but I can’t do it alone.
A case like this illustrates the superiority of systems like that in Texas where all candidates make their declaration of candidacy at the same time, and then qualify contemporaneously.
Even better is the system used in Washington, Louisiana, and next year to California where all candidates are placed on the same ballot.