Alabama Supreme Court Won’t Rule on Whether Republican Gubernatorial Nominee Meets the Residency Requirement

The Alabama Constitution says Governors must have lived in the state for seven years before running for that office. On October 9, the Alabama Supreme Court ruled that courts cannot enforce that provision before an election. Instead, the decision says, the only possible challenge before an election is to have the candidate’s party adjudicate the matter. State ex rel Dorgan v Tuberville, SC-2026-0540. The decision is unanimous, although two justices recused themselves. In Alabama, State Supreme Court justices are elected in partisan elections. All nine justices are Republicans.

The case had been brought by individuals who argued that Republican nominee Tommy Tuberville doesn’t actually live in Alabama. He is a U.S. Senator from Alabama who owns homes in Washington, D.C., and Florida.

Here is the Opinion. It leaves the door open for a challenge after the election.

Utah Debate Commission Changes its Rules, Resulting in the Exclusion of All Non-Major Party Candidates

The Utah Debate Commission is a private organization of colleges and media organizations, but it is funded by the state government. It sponsors candidate debates. This year, there are no statewide offices on the ballot, so the debates are only for the four U.S. House seats. The Commission sponsors its own polls in advance of its debates. Under the old rules, a candidate needed a showing of 10% to be invited, but the candidate was given the benefit of the margin of error, which is usually 4%. So realistically, a candidate only needed 6% to be invited.

But on August 3, in secret, the Commission changed the rules to ignore the margin of error. The poll had shown Libertarian nominee Mike Stoddard at 6.5% in the Third district race, and independent Steven Burt at 5.7% in the Fourth district race. So under the old rules, they would have qualified, but under the new rules, they don’t. As a result, all four debates (for each of the four districts) only include the Republican nominee and the Democratic nominee.

The Commission meeting that changed the rules left no publicly available documents explaining why the rules were changed. The Daily Herald, the newspaper for Provo, carries this op-ed about the Debates Commission. The author is Barry Short, the Libertarian Party state chair.

Four Arkansas Libertarian Nominees for Congress and Important State Statewide Office Will Debate Both Their Major Party Opponents

The Arkansas Libertarian Party has two U.S. House candidates, a gubernatorial candidate, and a Secretary of State candidate. All four will soon debate both their major party opponents. See this story.

In the U.S. Senate race, the Republican incumbent has declined to participate, but the Democratic and Libertarian nominees will debate each other.

Massachusetts Televised Debate on Top-Two Initiative

On October 6,GBH News hosted a debate on Question Three, the top-two initiative. The chief sponsor, Professor Danielle Edwards, spoke in favor. State Senator Lydia Edwards of Boston, a Democrat who is running for re-election, opposed it. Here is a link to the debate.

Neither debater mentioned that top-two keeps minor party candidates off the November ballot. That has what it has done in California and Washington, for races that have a candidate from both major parties on the primary ballot.

Proponents criticize the small number of candidates who run for legislature and U.S. House in Massachusetts. But no one pointed out that a major reason there are so few candidates are because the ballot access barriers are so steep. But Question Three does nothing to lower those barriers. Professor Allen came close to mentioning the ballot access barriers at minute 23, but she didn’t mention the petition barriers; she mentioned the hurdle that Democratic candidates must show some support at party meetings before they can run, even if they are capable of meeting the petition requirement.

Neither side mentioned that Question Three makes it more difficult for parties to obtain and keep qualified status.

Senator Edwards spoke in favor of legislative term limits, and in favor of Ranked Choice Voting. Professor Allen implied that she is in favor of Ranked Choice voting also.