Hall v. Secretary, State of Alabama, No. 16-16766 (11th Cir. 2018)Annotate this Case
In this appeal challenging the constitutionality of Alabama’s three percent signature requirement for ballot access under certain election circumstances, the Eleventh Circuit held that the case was moot.
Under Alabama law, independent candidates for political office have the right to have their name listed on the election ballot by filing a petition signed by at least three percent of qualified electors. James Hall, who ran as an independent candidate in a special election to fill a vacancy in Alabama’s First United States House of Representatives District, brought this action challenging the constitutionality of the three percent requirement as applied during a special election cycle. The district court issued a declaratory judgment that Alabama’s three percent signature requirement for ballot access violates the First and Fourteenth Amendments when enforced during any off-season special election for a U.S. House of Representatives seat in Alabama. The Eleventh Circuit vacated the judgment of the district court and remanded with instructions to dismiss the case as moot, holding that there was no expectation that Hall, the same complaining party, will again be subject to the three percent requirement as an independent candidate or voter in a special election for a U.S. House seat.