Alabama’s state government has decided that the special election to fill the U.S. House seat, First District, will be either November 5, 2013, or December 17, 2013. The reason there are two alternative dates is that no one can know whether run-off primaries will be needed for either the Democratic or Republican Parties. If there is a run-off primary for either major party, then the election will be December 17.

Petitions for independent candidates, and for unqualified parties, are due September 24, which will also be the date of the first primary.

Although the state says 5,938 valid signatures are needed, binding case law from the 11th circuit establishes that states must reduce the number of signatures, or extend the deadline, when the normal petitioning period is not available. The normal petitioning period in Alabama is two years. In the case of this special election, the petitioning period started on June 29, 2013, and ends less than three months later, so if the state isn’t willing to extend the deadline, the state will almost certainly be required to reduce the number of signatures to approximately one-eighth of 5,938, because only one-eighth of the normal petitioning period exists.