Alabama Representative Mike Ball (R-Madison) has introduced HB 214. It provides that in all partisan elections except president, all candidates would run in the primary and only the top two vote-getters could run in November. However, like two other similar bills in Alabama, it does not provide for equal procedures for candidates to get on a primary ballot. Republicans and Democrats would simply pay a fee and file with their own parties, but everyone else would need a petition of 1% of the last gubernatorial vote.
Because the primary is in March in presidential years, this would mean candidates who aren’t Republicans or Democrats would need to submit a petition of approximately 13,000 valid signatures by December of the year before the election. This would be unconstitutional under New Alliance Party of Alabama v Hand, 933 F 2d 1568 (11th circuit, 1991). That decision, which also concerned a petition of 1% of the last gubernatorial vote, struck down a March petition deadline as too early, so obviously December of the year before the election would be even more unacceptable. Thanks to Shawn Griffiths for the news about HB 214.