Alabama Ballot Access Will be Appealed to U.S. Supreme Court

The lead plaintiff in the Alabama ballot access case has decided to appeal to the U.S. Supreme Court. The case was lost in the 11th circuit on June 29. The issue is the 3% (of the last gubernatorial vote) petition requirement for minor parties and for all independent candidates except presidential independents (presidential independents just need 5,000 signatures).

The attorney for the plaintiff is asking for an extension of time from the U.S. Supreme Court, to file the petition for certiorari. Assuming the extension is granted, this will make it possible for the petition for certiorari to be written after the oral argument in the U.S. Supreme Court in the Lopez Torres New York ballot access case. We will all have a better idea of what the Court is thinking about laws that affect the ability to run for office, after that hearing has been held. That hearing will be on October 3.

Lawsuit Filed to Overturn Florida Initiative Petition Restriction

On August 22, a lawsuit was filed in state court against a new Florida law, which permits people who sign initiative petitions to remove their names up to 5 months after they have signed. The case is Florida Hometown Democracy v Browning, 2007-ca-2278, Leon County Circuit Court. The plaintiffs are trying to get a statewide initiative on the ballot that would require voter approval for land-use changes. They have collected 300,000 signatures, and their ability to finish the job is threatened by the new law.