As reported previously, on September 30, 2016, U.S. District Court Judge Myron Thompson had ruled that independent candidates cannot be forced to submit a petition of 3% of the last gubernatorial vote in special congressional elections, because the time period for circulating such petitions is so much shorter than in a regular election. The state filed a notice of appeal on October 28, and its brief was to be due December 27, 2016.

However the state has requested a time extention, so now its brief is due January 26, 2017. This case has growing importance if U.S. Senate Jeff Sessions resigns early next year to become Attorney General of the United States, and if (as expected) Alabama then calls a special U.S. Senate election sometime in the first half of 2017. The case is Hall v Merrill, 16-16766. The Coalition for Free & Open Elections (COFOE) is helping with some of the expenses of this case. COFOE greatly appreciates all the individuals who have joined COFOE and, with their dues, made this possible.