In May 2013, Alabama Congressman Jo Bonner of the First District (in the southern part of the state) said he will resign from Congress on August 15. The Governor has said he can’t set an election schedule until August 15. Because no one knows when the special election will be, it is legally impossible for any minor party nominee, or independent candidate, to be circulating a petition for that election. The law requires signatures equal to 3% of the last gubernatorial vote within that district (5,938 signatures), due on primary day. No one knows when the primary will be. Petitions must carry the date of the election. Candidates running in a primary don’t need any petitions.

When the election dates are set, there will be a primary, a run-off primary six weeks later, and then the general election.

Alabama is in the Eleventh Circuit. In 1982, the Eleventh Circuit ruled in a Georgia case that when the normal petitioning time is not available, the state must either reduce the number of signatures or extend the deadline. That case was Citizens Party of Georgia v Poythress, 683 F 2d 418 (July 14, 1982). On remand, the U.S. District Court extended the deadline 30 days.

Since then, U.S. District Courts in states in the Eleventh Circuit have also either reduced petition requirements, or granted more time, or both, when the normal petitioning time is not available. Normal petitions in Alabama have two years for circulation, but if the Governor sets the dates of the primary on August 15, and he chooses a primary date in October (which is likely) then petitioning candidates will have only two months or so, which is only one-twelth of the normal time. Hence, if Alabama doesn’t voluntarily either lower the number of signatures, or extend the deadline substantially, a court would probably force either or both of those alternatives. In 2002, a U.S. District Court in Georgia, in Parker v Barnes, northern district, 1:02cv1883, lowered the petition deadline to two-thirds of the original requirement, because only two-thirds of the normal 180 days remained. In 1989, a U.S. District Court in Florida, in Migala v Martinez, northern district, 89-40168, lowered the petition from 3% to 1% and also granted an additional month in which to petition. In 1982, another U.S. District Court in Florida, in Turin v State, southern district, 82-1819-cv, extended the deadline from July 20 to September 27.