Alabama Ballot Access Case Transferred from Birmingham to Montgomery
December 29th, 2008On December 23, the Alabama ballot access case called Shugart v Chapman was removed from the U.S. District Court in Birmingham, to the U.S. District Court in Montgomery, at the state’s request. The suit challenges the number of signatures needed for an independent candidate for U.S. House. The lawsuit points out that in the district at issue, the law requires over 6,100 valid signatures, whereas the state only requires 5,000 signatures for an independent presidential candidate. The case is now assigned to U.S. Magistrate Judge Wallace Capel.
In 1979 the U.S. Supreme Court ruled that states cannot require more signatures for an office in just part of the state, than for a statewide office. The Alabama case had been filed in Birmingham because the district is near Birmingham, but the state argued that the case should have been filed in Montgomery because the Secretary of State’s office is there.
December 29th, 2008 at 1:20 pm
I apologize if you made a comment and it doesn’t show up. There was a glitch. No comment today was kept off on purpose.
December 29th, 2008 at 3:25 pm
What do you foresee as the outcome?
Does this Judge have a track record to go by?
December 29th, 2008 at 3:33 pm
No, no track record in ballot access. He was a magistrate judge in Michigan until 2006, when he switched to being a magistrate judge in Alabama.
December 29th, 2008 at 3:45 pm
Is there any signifigance to the move from B’ham to Montgomery? Is there a chance the ruling will be affected?
December 29th, 2008 at 5:37 pm
No, the move is just more convenient for the state employees in the Attorney General’s office who will be defending the law.
January 1st, 2009 at 4:03 pm
Elf Ninos Mom (“Last Free Voice”) Is Tamara Johnson from Huntington WV
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allahu akhbar