On November 4, 2014, the Constitution Party polled 35% of the vote in a countywide race in Marshall County, Alabama. Alabama law says if a party polls 20% for any countywide partisan position, it becomes ballot-qualified in that county, so that it can nominate candidates for county office without petitioning.
Alabama law, section 17-4-33(10), says, “Following each state and county election, the Secretary of State shall provide on electronic copy of the computerized voter list free of charge to each political party that satisfied the ballot access requirements for that election. The electronic copy of the computerized voter list shall be provided within 30 days of the certification of the election or upon the completion of the election vote history update following the election, whichever comes first.” The Constitution Party applied for a free list of the registered voters of Marshall County shortly after the election, but it hasn’t received it yet.
The law that says qualified parties may receive a free list of the registered voters was passed in 2006. The original 2006 law said the list is available only to statewide qualified parties. But in 2010, the law was amended and the amendment deleted the statewide requirement. Therefore, the Constitution Party is optimistic that it will receive the list.
The state charges $29,000 for groups, other than qualified political parties, for the statewide list. Shawn Harmon, who is a vendor of registration lists, explains at emerges.com how the major parties in Alabama profit from obtaining the list and selling it. Use this link to his story of December 4. Also use this link to see his update of December 10, which summarizes the legal precedents that when states give a free list of the registered voters to qualified parties, they must also give it to active unqualified parties. This is based on a U.S. Supreme Court summary affirmance.
