James Hall . Secretary, State of Alabama

902 F.3d 1294
Court of Appeals for the Eleventh Circuit·Decided August 29, 2018·No. 16-16766·Published·Cited by 23 cases

Opinions

ANDERSON, Circuit Judge:

Under Alabama law, independent candidates for political office may obtain ballot access, meaning the right to have their name listed on the election ballot, by filing a petition signed by at least "three percent of the qualified electors who cast ballots for the office of Governor in the last general election for the state, county, district, or other political subdivision in which the candidate seeks to qualify." Ala. Code. § 17-9-3(a)(3). In Swanson v. Worley, 490 F.3d 894 (11th Cir. 2007), this Court held that Alabama's 3% signature requirement for ballot access is constitutional as applied during a regular election cycle. Id. at 912.

On December 17, 2013, Alabama held a special election to fill a vacancy in its First United States House of Representatives District. Appellee James Hall ran as an independent candidate in that election. Due to Hall's failure to meet the 3% signature requirement, Hall's name did not appear on the special election ballot. Hall sued Appellant, the Alabama Secretary of State, pursuant to 42 U.S.C. § 1983, claiming that the 3% requirement as applied during the special election violated his First and Fourteenth Amendment rights.1

After denying Hall's motion for a preliminary injunction (in large part because Hall had not shown a substantial likelihood of success on the merits and because ballots had already been mailed in accordance with the Uniformed and Overseas Citizens Absentee Voting Act), the district court *1297granted summary judgment in favor of Hall, issuing a declaratory judgment that Alabama's 3% 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, for which: "(a) the vacancy is announced less than 124 days prior to the petition deadline and (b) the date of the special election is announced less than 57 days prior to the petition deadline." Appellant, the Secretary, brings this appeal. Appellant argues that: (1) the case is moot; and, alternatively, (2) Alabama's 3% signature requirement is constitutional in the specific circumstances challenged by Hall. As discussed below, we conclude that this case is moot. Thus, we do not address the constitutionality of Alabama's 3% signature requirement as applied during the special election circumstances presented here.

I.

"Mootness is a question of law, which this court reviews de novo." Via Mat Int'l S. Am. Ltd. v. United States, 446 F.3d 1258, 1262 (11th Cir. 2006). "The doctrine of mootness derives directly from the [Article III] case-or-controversy limitation because 'an action that is moot cannot be characterized as an active case or controversy.' " Al Najjar v. Ashcroft, 273 F.3d 1330, 1335 (11th Cir. 2001) (per curiam) (quoting Adler v. Duval Cty. Sch. Bd., 112 F.3d 1475, 1477 (11th Cir. 1997) ). "[A] case is moot when it no longer presents a live controversy with respect to which the court can give meaningful relief." Id. at 1336 (quoting Fla. Ass'n of Rehab. Facilities, Inc. v. Fla. Dep't of Health and Rehab. Servs., 225 F.3d 1208, 1216-17 (11th Cir. 2000) ). "If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed." Id.

There is an exception to the mootness doctrine for cases that are "capable of repetition, yet evading review." S. Pac. Terminal Co. v. Interstate Commerce Comm'n, 219 U.S. 498, 515, 31 S.Ct. 279, 283, 55 L.Ed. 310 (1911)"[I]n the absence of a class action, the 'capable of repetition, yet evading review' doctrine [i]s limited to the situation where two elements combine[ ]: (1) the challenged action [i]s in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [i]s a reasonable expectation that the same complaining party w[ill] be subjected to the same action again."2 Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 349, 46 L.Ed. 2d 350 (1975) (per curiam); Arcia v. Fla. Sec'y of State, 772 F.3d 1335, 1343 (11th Cir. 2014) (adopting the same two-prong test). "The remote possibility that an event might recur is not enough to overcome mootness, and even a likely recurrence is insufficient if there would be ample opportunity for review at that time." Al Najjar, 273 F.3d at 1336.

"The 'capable of repetition, yet evading review' doctrine, in the context of election cases, is appropriate when there are 'as applied' challenges as well as in the more typical case involving only facial attacks." Storer v. Brown, 415 U.S. 724

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James Hall . Secretary, State of Alabama, 902 F.3d 1294 (11th Cir. 2018).

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