The Eleventh Circuit will hear Hall v Merrill, 16-16766, on Wednesday, December 13. This is the case over Alabama’s ballot access laws for independent candidates and newly-qualifying parties in special elections. The U.S. District Court had ruled in 2016 that requiring a petition of 3% of the last gubernatorial vote in special congressional elections is unconstitutionally difficult, because in a special election there is less time to complete the petition. The state is trying to get that ruling reversed. This case was first filed in 2013.

The plaintiff is James Hall, an independent candidate in the 2013 U.S. House special election that was needed when Congressman Jo Bonner resigned. He was replaced by Bradley Byrne.