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.
