State Sen. Pro-Tem Garlan Gudger (R-Cullman) filed legislation this week that would require a special election for certain primary elections if a U.S. Supreme Court redistricting ruling outlaws race-based redistricting.
SCOTUS reheard Louisiana v. Callais in October. The case addresses racial considerations in the drawing of congressional redistricting maps in Louisiana and could significantly impact Alabama and other states involved in similar lawsuits.
However, under Alabama’s current qualifying schedule for the primary on May 19, 2026, a ruling from SCOTUS could happen after candidate qualifying for 2026 has already closed.
Gudger’s bill would require a new special primary election to be held "if: (i) the boundaries of one or more legislative or congressional districts to be used in the next general election are changed or altered by either an act of the Legislature or by final order, judgment, or mandate from a state or federal court which permits or requires the use of legislative or congressional district boundaries, and (ii) the change or alteration is made at a time too late to be accommodated during the normal primary election schedule. This bill would specify that the special primary election would only affect those districts impacted by the redistricting.”
A federal court changed Alabama’s congressional map by court order before the 2024 elections. The change led to Democrats picking up a seat in Alabama with the election of U.S. Rep. Shomari Figures (D-Mobile). U.S. District Judge Anna Manasco is also poised to alter Alabama’s State Senate map before the 2026 election absent an intervention by a higher court.
Gudger said his bill is about fairness.
“If the Supreme Court overturns Callais, holding an election with districts that were unnecessarily redrawn by judges is unfair and punitive to both voters and candidates,” Gudger told 1819 News on Friday. “It’s like football referees overturning a penalty upon review but still making your team give up yardage and a down. We’re simply trying to place the ball on the original line of scrimmage, which is fair to everyone.”
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