Alabama law provides that if no one gets as much as 50% in a primary, a run-off is needed, six weeks later. On February 12, the Eleventh Circuit ruled that Alabama’s scheduling violates the federal law nicknamed “UOCAVA”. “UOCAVA” means “Uniformed and Overseas Citizens Absentee Voting Act.” In 2009, congress had amended that law to require states to send ballots to overseas voters no later than 45 days before the primary or election.
Obviously, if the runoff primary is only 42 days after the primary, it is impossible for the state to mail the runoff ballots as early as 45 days before the runoff primary. No one can know, until a primary is over, whether a runoff primary is needed and which names will be on that runoff primary ballot. The case is United States of America v State of Alabama and Secretary of State of Alabama, 14-11298. The decision is based on interpreting the federal law. Alabama had argued that there is an exception to the 45-day rule, in another part of the law, but the court disagreed with that interpretation. The federal law does permits states to obtain a waiver from the federal government, but Alabama had not done that. It seems likely that Alabama must change the election law to provide that the runoff primary is seven weeks, not six weeks, after the primary.
In presidential years, Alabama has been holding its primary in March, and its runoff in April. In 2012 the dates were March 13 and April 24. In midterm years, Alabama has been holding its primary in June, and its runoff in July. In 2014 the dates were June 3 and July 15.
Louisiana conducts runoffs for federal office within 45 days.
They send a ballot with all potential runoff candidates and permits overseas voters to rank them.
Under Top 2 this is quite simple since the potential candidates for the runoff are identical to those in the congressional election, and Louisiana does not allow write-ins.
When Louisiana retrogressed to using segregated partisan primaries for congressional elections, it was quite a bit more complicated, since the ballot sets were different for each district, and Louisiana cancels unnecessary election.
For a Republican voter:
If no Republican candidates: Voter receives a ranked choice ballot for the congressional election with all candidates.
If 1 Republican candidate, Republican 1st and 2nd primaries are cancelled. Voter receives a ranked choice ballot for the congressional election with all candidates, including the Republican nominee.
If 2 Republican candidates, there is no possibility of a 2nd primary. Voter receives ballot for the 1st primary, and a ranked choice ballot for the congressional election with all candidates, including the 2 Republican candidates.
If 3 or more Republican candidates, there is a possibility of a 2nd primary. Voter receives ballot for the 1st primary, a ranked choice ballot for the 2nd primary with all the Republican candidates, and a ranked choice ballot for congressional elections, including all Republican candidates.
The same rules would apply for other qualified parties.
Independent voters would be given a ranked choice ballot for the congressional elections.
Independent candidates would only appear on the ranked choice ballot for the congressional elections.
Congress messed up with the MOVE act. They should provide for elections to be conducted by the federal government overseas at embassies, consulates, and military installations.
A voter would go to an overseas polling place, provide an ID (such as a passport), the polling center would electronically query the appropriate State electronically, produce a ballot, and let the voter mark the ballot. The polling center would be responsible for getting the completed ballots back to the States.
In addition, voters domiciled overseas could be counted in the Census if they were registered with the State Department.
Old news, but yes, this would work for Alabama. In fact, many Southern States used to used the so-called ranked choice or 2nd Choice decades ago when the Democratic Party dominated elections in the South.
It could be complex, and for some voters could appear as allowing a candidate to place 2nd in the Primary, but with their 2nd choice votes, could actually make them be in 1st place.
This happened in the 1916 Primary for Governor, when outsider Sidney J. Catts initially had won the Primary for Governor, but Establishment candidate William V. Knott, was a sore loser, and with a series of recounts in some counties, plus some Court orders, was awarded the Democratic gubernatorial nomination.
The people of Florida – especially followers of Mr. Catts, were enraged, and Mr. Catts secured the nomination of the Prohibition Party, and his name was placed on the General Election Ballot. When voters went to the polls in November, 2016, they selected Catts, 39,546 to Knott’s 30,343, thus becoming the only time in the history of the state up until that time that a non-Democrat was elected Governor.
I personally attempted to learn if the ballots at that time carried party labels, but never could. Still, Catts was officially the Prohibition nominee and he won.
Sadly, from what I have understood, Catts did not reward the Prohibitionists for their favor, as he remained personally a Democrat, and made another run for another term as governor years later, but was defeated soundly in the Democratic Primary.
This is one reason I don’t trust professional politicians. They will lie to you when the truth is more believable. Independents and 3rd partisans need to take a page from the Constitution[al] Party and concentrate on local offices. They did this in Alabama in 2014, and in one county had 2 candidates who made the 20% threshold in votes received, and under Alabama law will hold ballot access for the next four years.
Little by little, Independents and 3rd partisans can get more votes, name recognition, and eventually a win. I think the Constitution[al] Party won a local office or two in Louisiana in their Run-Off Primary, even though they had to run under the label of No Party Affiliation. As soon as they obtain, I believe 500 registered members, Constitution[al] Party candidates in Louisiana can run under the label of Constitution[al] Party.