On June 1, the Alabama legislature passed HB 425. The bill moves the primary (for all office) in presidential election years from June, to the second Tuesday in March. Under the old law, there was a separate presidential primary in February but the primary for all other office was in June.

Because the petition deadline for previously unqualified parties, and for non-presidential independent candidates, is on primary day, the bill has the effect of moving these petition deadlines from June to March. No one in the legislature seems aware that in 1991 the 11th circuit struck down Alabama’s old April petition deadline for new parties and non-presidential independent candidates. That case was New Alliance Party of Alabama v Hand, 933 F.2d 1568. Furthermore, back in 1991, the petition was 1% of the last gubernatorial vote; but ever since 1997, it has been 3% (the bill raising the number of signatures passed in 1995 but was not in effect until 1997).

It is almost a certainty that a lawsuit will be filed against the new deadline.

The Alabama legislature adjourns on June 9. The bill to lower the number of signatures, SB 17, never made any headway after passing the Senate Committee back in March.