Alabama Supreme Court gives go ahead for execution by nitrogen hypoxia
Ralph Chapoco, Alabama Reflector Alabama is one step closer to becoming the first state to execute someone by nitrogen hypoxia. In a 6-2 decision handed down Wednesday, the Alabama Supreme Court allowed the state to proceed with the execution of Kenneth Eugene Smith, convicted of the 1988 murder of Elizabeth Sennett, under that method. Alabama Attorney General Steve Marshall said in a statement Wednesday that Sennett’s family had “waited an unconscionable 35 years to see justice served.” “Though the wait has been far too long, I am grateful that our talented capital litigators have nearly gotten this case to the finish line,” the statement said. Chief Justice Tom Parker and Associate Justice Greg Cook dissented but gave no additional comment. Nitrogen hypoxia has never been used on a human being as a means of execution, and professional veterinary associations have discouraged its use in the euthanization of animals. Smith’s attorneys said in a statement Thursday that they were disappointed in the decision and would continue to work through the judicial process. Smith currently has an appeal pending with the Alabama Court of Criminal Appeals claiming that attempting to execute him a second time violates his constitutional rights. “It is noteworthy that two justices dissented from this Order,” wrote Robert Grass, an attorney for Smith. “Like the eleven jurors who did not believe Mr. Smith should be executed, we remain hopeful that those who review this case will see that a second attempt to execute Mr. Smith – this time with an experimental, never-before-used method and with a protocol that has never been fully disclosed to him or his counsel – is unwarranted and unjust.” The order gives the Alabama Department of Corrections the authority to carry out Smith’s execution within the time frame set by Gov. Kay Ivey, which cannot happen less than 30 days from Wednesday, when the court published its decision. The Attorney General’s Office filed a motion with the Alabama Supreme Court back in August, requesting the court set a date for Smith’s execution. Smith’s attorneys requested the court reject the state’s motion in September, stating that nitrogen hypoxia has not been tested and only recently released the protocol for using that method of execution. A jury convicted Smith in 1996 in the plot to murder Sennett and voted to sentence him to life without the possibility of parole. The judge in the case overrode the jury recommendation and sentenced Smith to death. Alabama abolished judicial override in 2017, the last state in the country to do so. But the rule was not made retroactive. In May the U.S. Supreme Court upheld a lower court’s decision that allowed him to select his method of execution, in this case is death by nitrogen hypoxia. The high court turned down the appeal by the Alabama Department of Corrections, which argued that Smith was pursuing a delaying tactic. Smith was scheduled to be executed in November following the botched executions of Joe Nathan James Jr. and Alan Miller. However, his execution was called off after ADOC staff repeatedly failed to secure a vein to carry out the execution. Smith’s attorneys wrote in a brief last January that he “continues to experience physical and emotional pain, including lingering pain in his arm, near his collarbone, back spasms, difficulty sleeping, and likely post-traumatic stress disorder” from the failed execution. Death through nitrogen hypoxia became an available method for executing people on death row after the Legislature passed a bill sponsored by Sen. Trip Pittman, R-Montrose, allowing its use. He said that the method was more humane than lethal injection. Doctors and medical ethicists have criticized those claims. “Last year, after Alabama tortured multiple people in botched executions using lethal injection, we encouraged the state to pursue an independent evaluation of its execution protocols,” said Alison Mollman, interim legal director of the ACLU of Alabama. “Governor Ivey and the Alabama Department of Corrections failed to complete an independent review and instead insisted the problem was not having enough time to kill someone. Now, at the urging of Attorney General Steve Marshall, Alabama is rushing to put a man to death with an untested, unproven, and never-before-used method of execution. As Alabama races to experiment on incarcerated people with nitrogen gas, they put the lives of correctional staff, spiritual advisers, the media, and victims at risk by potentially exposing them to an odorless and lethal gas. Using this method has no benefit on public safety. Governor Ivey and Attorney General Marshall have a responsibility to stop the execution of Mr. Smith.” The Death Penalty Information Center, a nonprofit that students and collects data on the death penalty, criticized Alabama’s move toward nitrogen executions in a statement on Thursday. “No state has ever used nitrogen in an execution, and there are still too many unanswered questions for Alabama officials to responsibly move forward with this protocol,” the statement said. “Mr. Smith has already endured one botched execution; he should not now face another attempt that carries this much risk and uncertainty.” Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Follow Alabama Reflector on Facebook and Twitter.
Steve Flowers: Summer Political Happenings
As the long, hot summer ends and Labor Day approaches, let’s take a look back at what occurred over the last three summer months politically. First of all, it was one of the hottest summers on record. Temperatures soared into the hundreds as early as late June. On one of those late June days, one of the hottest political events of the year occurred. The annual Tomato Sandwich Lunch event hosted by Alabama Agriculture Commissioner Rick Pate was the biggest yet. The twentieth annual Tomato Sandwich Lunch held at the Ed Teague Arena near the Garrett Coliseum was a must-be event for Alabama political elite. The Tomato Sandwich Lunch promotes produce from local farmers and encourages people to eat Alabama-grown products. Alabama-based vendors donate all of the food for the event. Commissioner Rick Pate was a master host to over 500 attendees. In attendance were U.S. Senator Katie Britt, State Treasurer Young Boozer, and Lt. Governor Will Ainsworth. PSC member Jeremy Oden came from Cullman, and State Board of Education President Wayne Reynolds came from Athens. State Judges in attendance were Supreme Court Judge Greg Cook, Criminal Appeals Court Judge Bill Cole, and Civil Appeals Court Judges Matt Friday and Bill Thompson. Legislators spotted were State Senators Josh Carnley and Will Barfoot, as well as Representatives Jerry Starnes, Margie Wilcox, Van Smith, and Ed Oliver. There were dozens of local County Commissioners from all over the state. Many of the state’s most prominent lobbyists were there, along with many of the Governor’s Cabinet members. Alabama Power Government Affairs guru Houston Smith and Alfa Executive Director Paul Pinyan were prominent. In fact, most of Alfa’s governmental affairs folks were at this very fun and political event. During the summer, everybody and their brother, or at least everyone who ever won a 4-H speaking contest, entered the race for the Republican nomination for President. There must be 20 people running against Donald Trump for the GOP nomination. This is just what Trump was hoping for. It splinters the anti-Trump vote to such a degree that it virtually assures him the nomination. During the summer, the U.S. Supreme Court decided that Alabama’s Congressional districts were gerrymandered to keep Black voters from being able to elect a second Black Democrat to Congress. Alabama currently has six white Republican Congressmen and one Black Democratic Congresswoman, Terri Sewell. In July, former Alabama Supreme Court Justice Mike Bolin won a special election to fill a seat on the five-member Jefferson County Commission. His election was like manna from Heaven for the Jefferson County Republican Party. The commissioner, who departed this important seat, was a Republican. The commission had a three to two Republican majority. Therefore, it was an important election for the state’s largest and most important county. Mike Bolin had just retired from the Alabama Supreme Court after 18 years on the state’s high tribunal. He had been Probate Judge of Jefferson County for 16 years prior to his service on the Supreme Court. He only retired from the Supreme Court due to a state law that prevents judges from running for reelection after age 70. Bolin is Jefferson County through and through and one of the most respected gentlemen and public servants in Jefferson County and Alabama. The imperial county of Jefferson is fortunate that Judge Mike Bolin was available and ready to serve. His swearing-in ceremony occurred on a sweltering hot July 31. The large Jefferson County Courthouse commission chambers was overflowing. It was a congregation of who’s who of Jefferson County politics. Hope you had a good summer. Happy football season and happy Labor Day! See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Young Republicans gather in Moody
On Saturday, Young Republicans (YRs) from across the state gathered at Moody Park for an afternoon of barbecue, bluegrass music, and camaraderie as the St. Clair County Young Republicans (YRs) held their summer gathering. St. Clair County Young Republicans Chairman Logan Glass presented plaques to Federation of Alabama State Young Republican President Stephanie Petelos and State Representative Craig Lipscomb (R-Gadsden) – who represents parts of St. Clair and Etowah counties. Glass praised Petelos for her example and her leadership and credited her with restoring the Greater Birmingham Young Republicans (GBYRs) to its role as the largest Young Republican group in the state. That club has grown to the point that a new club has branched off from the GBYRs – the Shelby County Young Republicans. Glass thanked Lipscomb for his work in Montgomery on behalf of the county and for his support of the YRs. The St. Clair Young Republicans presented former St. Clair County Republican Party Chairman Circuit Judge Phil Seay with the inaugural Phil Seay Award. Seay is the President of the Alabama Judges Association. Glass thanked Seay for his years of unwavering support for the YRs. Former State Representative Mike Ball and his bluegrass band performed at the event. Ball served twenty years in the Alabama Legislature representing Madison. He is the author of an autobiographical book about his experiences: Picking, Politicking and Pontificating: How an Ex-Cop Legalized Cannabis While Fighting Corruption. Several state appellate court seats are on the ballot in 2024, so several judicial candidates were present at Saturday’s event. Former State Senator Bryan Taylor (R-Prattville) was present. Taylor is running for Chief Justice of the Alabama Supreme Court. Current Chief Justice Tom Parker is near the age 70s age limit, so he is prevented from running again. Taylor is a practicing attorney who has held many state government positions, including counsel for Governor Kay Ivey. Taylor is a retired Judge Advocate, a former military prosecutor, and an Iraq War veteran. Taylor faces a Republican primary battle with Alabama Supreme Court Justice Sara Stewart. Current Court of Criminal Appeals Judge Chris McCool is running for the position on the Alabama Supreme Court that Stewart is vacating in her run for Chief Justice. McCool is a former district attorney in West Alabama. McCool is also a farmer, a preacher, and a gospel singer. He performed a couple of songs with Ball and his band at Saturday’s event. James Govan is running for the position on the Alabama Court of Criminal Appeals that Judge McCool is vacating. Govan is a career prosecutor and a U.S. Air Force Reserve officer currently working for the Alabama Attorney General’s office. Rich Anderson is also an Assistant Alabama Attorney General and a prosecutor running for the Alabama Criminal Court of Appeals. Anderson has represented the state of Alabama before the Criminal Court of Appeals, federal district courts, the Alabama Supreme Court, the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court. Emory Cox was the platinum sponsor of Saturday’s event. Cox is U.S. Senator Tommy Tuberville’s aide on finance and economics. While Cox’s duties in Washington D.C. prevented him from attending, Cox’s mother, Annette Cox, the owner of St. Clair County-based Metro Bank, was present. Glass thanked the Cox family for their friendship and history of support for the YRs and Emory for his service in Washington. Bamacarry of St. Clair County was an exhibitor and a sponsor of Saturday’s event. Glass also thanked Shaw’s Barbecue for the food as well as all of the many bronze sponsors of the event. Other notables in attendance were State Supreme Court Justice Greg Cook, State Rep. Jim Hill (R-Odenville), State Senator Lance Bell (R-Pell City), Court of Criminal Appeals Judge Bill Cole (R), Alabama Court of Civil Appeals Judge Matt Fridy, St. Clair County District Attorney Lyle Harmon, St. Clair County Commissioner Tommy Bowers, commission candidate James McGowan, former St. Clair County Republican Party Chairman Joey Stephens, St. Clair County School Board Member Bill Morris, and Colbert County Assistant DA Brent Woodall. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Inauguration day
The Inauguration of our Alabama Constitutional officials was Monday. Our state constitution calls for the Inauguration to be held on the third Monday in January. As you would expect, and as Almanac suggests, it is usually a cold day. Over the years, I have had countless folks harken back to their high school band experiences of marching in the Inaugural Parade, especially ladies who had been majorettes. They had to march and twirl a baton in 20-degree weather with skimpy, legless, bathing suit style attire. It left them with a lasting indelible memory of an Alabama Gubernatorial Inauguration. Mind you, I was not there, but every old-timer who has talked politics with me over the years and who have seen a good many inaugurations, will remark that the January 1963 George Wallace’s initial inauguration as governor was the coldest. There was a lot of frostbite that day. However, the inaugural address from George C. Wallace was hot and heavy. That was the day that Wallace threw down the gauntlet and declared, “Segregation today, segregation tomorrow, and segregation forever.” That was exactly 60 years ago. A lot has changed since that day. It was during the Wallace era that the Civil Rights movement changed the political landscape of the nation and especially in the south. Wallace was an integral part of that historical era. He watched it all unfold from his Goat Hill office overlooking Dexter Avenue, and he was the reason for a lot of the bloodshed. Every time I see an inauguration on the Capitol steps, I reminisce about the history that has been made in that block of Dexter Avenue in Montgomery. The men who wrote Alabama’s overtly racist 1901 Constitution and the crowd that howled in defiance as Wallace made his 1963 declaration would marvel at the change and diversity of today’s Alabama. It is poetic and ironic that this year’s Inauguration Day, January 16, 2023, was on the same day as Martin Luther King Day, a state and national holiday. Kay Ivey grew up in the heart of the Wallace Era in Wilcox County. She cut her political teeth campaigning for the Wallaces. She was especially involved with Lurleen Wallace’s 1966 governor’s race when she was a student at Auburn University. After Auburn, she worked for a while in Banking and teaching in Mobile. She began her Montgomery career as the reading clerk in the Alabama House of Representatives under the tutelage of Speaker Joe McCorquodale. Black Belters, like McCorquodale, controlled the House and the Senate. Kay Ivey’s melodious, pronounced Black Belt accent drew folks’ attention to her reading even the most mundane legalese for hours on end. She later became associated with the Alabama Commission on Higher Education. As their Public Relations and Governmental Affairs Director, she learned the legislative process. She entered the political arena in 2002 when she was elected State Treasurer. She served eight years in that post. She was then elected Lt. Governor in 2010 and reelected in 2014. In the middle of her second term, she became Governor after Dr. Robert Bentley vacated the governor’s office. She served out the last 18 months of his term and was elected in her own right as Governor of Alabama in 2018. She was reelected, overwhelmingly, last year. If Kay Ivey finishes out this four-year term, she will have been Governor of Alabama longer than anyone else besides George C. Wallace. She is the first woman to be elected as a Republican. She is the second female governor, the first being her idol, Lurleen Wallace, 56 years ago. Also inaugurated with Governor Kay Ivey were Lt. Governor Will Ainsworth, Attorney General Steve Marshall, State Treasurer Young Boozer, Agriculture Commissioner Rick Pate, Secretary of State Wes Allen, and State Auditor Andrew Sorrell. Jeremy Oden and Chip Beeker were sworn in for four-year terms on the Public Service Commission. Two Supreme Court Justices, Kelli Wise and Greg Cook, were sworn in for six-year terms in a special investiture last Friday. Justice Kelli Wise was sworn in for her third term. She has served 12 years on the Supreme Court and was on the State Court of Criminal Appeals for a decade prior to being elected to the high court. Justice Greg Cook was sworn in for his initial term on the high tribunal. He is a well-qualified and conservative jurist who will fit in well on the Supreme Court. It was a big day in Alabama politics. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Greg Cook joins the Alabama Supreme Court
The Alabama Supreme Court held an Investiture and Oath of Office ceremony on Friday to welcome newly-elected Justice Greg Cook and re-elected Justice Kelli Wise. The Justices took their oaths of office in the Supreme Court Courtroom. “Yesterday was my investiture for the Alabama Supreme Court,” Cook said on Facebook. “I was overwhelmed by the many, many people who attended, for the thousands and thousands who supported me, and by the responsibility of this office. The Church service beforehand was so powerful and I am so thankful for St. John’s Episcopal and Donna Johnson and my pastor David Eldridge. I admit that I cried. I know that I owe God the glory for this opportunity. I am also so thankful to the many, many people at the Supreme Court (and Allison Skinner) who made the investiture so special. A special thanks to Justice Champ Lyons for swearing me in and to Attorney General Steve Marshall for presenting my commission. I have so much to be thankful.” Justice Cook was elected in November 2022 to fill the seat of Justice Michael F. Bolin, who retired last week after 18 years of service on the Supreme Court. Justice Wise was re-elected to her third term, having served on the Court since 2010. Chief Justice Tom Parker presided over the investiture ceremony. “We welcome our new colleague Justice Greg Cook to our Court, and we welcome back Justice Wise,” Parker said. “We thank them both for their past service in the legal and judicial community, and confidently pray and believe that their future service will honor the Lord, the law, and the trust that the people of Alabama have placed in them.” “I wish Mike all the best in his retirement from the bench, although I expect he will stay active in service to his beloved State and Jefferson County,” Parker continued. “Mike and I joined this Court at the same time in 2005, so it will not be the same here without his formidable presence and voice on the Supreme Court. I thank him for his decades of service and for his friendship.” Justice Cook formally took office and joined the Supreme Court on Tuesday. Alabama is one of the few states in the country that have partisan elected judges. All the Justices on the Alabama Supreme Court are Republicans. Similarly, all the Judges on the Alabama Court of Criminal Appeals and the Alabama Court of Civil Appeals are also Republicans. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Alabama Republicans dominate statewide races
As expected, Alabama Republicans won every statewide race. Kay Ivey was easily re-elected, and political newcomer Katie Britt will be the next U.S. Senator from Alabama. Republican incumbents Lieutenant Governor Will Ainsworth, Attorney General Steve Marshall, Commissioner of Agriculture and Industries Rick Pate, and Treasurer Young Boozer were easily re-elected. Republican State Representatives Wes Allen and Andrew Sorrell won the open Secretary of State and Auditor races. Republicans also held their supermajorities in both Houses of the Legislature and won the open State Supreme Court Justice race. Ivey won by an even larger percentage than in 2018 in 2022. Ivey had 69.9% of the vote as of press time. Yolanda Flowers’ 29.2% performance was the worst performance by a Democratic nominee in memory. Ivey improved her percentage victory by over 10% (69.9% versus 59.5%) of the vote; but actually had fewer votes than four years ago – 944,845 in 2022 versus 1,022,457 in 2018. Ivey’s two landslide victories makes her the most popular Republican governor in state history. Yolanda Flowers only received only 411,269 votes, whereas Walt Maddox received 694,495 votes. Ivey is the first Republican woman to serve as Governor of Alabama. She was already the longest-serving woman governor in state history and the first woman in state history to be re-elected as governor. Ivey won the 2022 election for governor, the 2018 election for governor, the 2014 election for Lieutenant Governor, the 2010 election for Lieutenant Governor, the 2006 election for State Treasurer, and the 2002 election for State Treasurer. This unprecedented run makes Ivey the most successful woman politician in the history of Alabama. Ivey, age 78, is also the oldest governor in the state’s history. Election night was hugely disappointing for Libertarians. While they did get ballot access for the first time since 2022, none of their candidates were able to get close to the 20% threshold needed to give the party ballot access in 2024 – even in statewide races where no Democrat even qualified. Gaining ballot access cost the Libertarian Party over $240,000 to get the necessary number of ballot access signatures to be on the ballot. If the party is going to be on the ballot in 2024, they will have to go through the ballot signature process. Libertarian candidate for Governor – Dr. Jimmy Blake, only received 45,825 votes (3.2%). It is unclear where Blake’s voters came from, disgruntled Republicans or Democrats who did not support Flowers. It was not a good night for write-in gubernatorial candidates. Dean Odle and Jared Budlong, representing the far right and far left respectively, received just 9,401 votes (0.67%). Since those votes will not be individually counted, so there is no way to know how many of those votes were Odle’s, Budlong’s, or someone else entirely. In the Senate race, Britt received 940,048 votes (66.6%). Democrat Dr. Will Boyd received 435,428 votes (30.87%). Libertarian John Sophocleus received 32,790 votes (2.32%). 2,454 Alabamians wrote in someone else. Britt is the first woman to win a U.S. Senate race in Alabama. In the Lieutenant Governor’s race, incumbent Lt. Gov. Will Ainsworth won in a landslide. Ainsworth had 955,372 votes (83.69%). Libertarian Ruth Page-Nelson had 178,069 votes (15.60%) – far short of the 20% Libertarians needed to guarantee them ballot access in 2024. 8,066 Alabamians (0.71%) wrote in someone else. Incumbent Attorney General Steve Marshall coasted to re-election, receiving 953,284 votes (67.91%) versus 449,193 votes (32%) for Democrat Wendell Major. Major received more votes than any Democrat running statewide. In the Secretary of State’s race, Republican Wes Allen won 923,206 votes (65.9%). Democrat Pamela Lafitte got 435,558 (31.1%), and Libertarian Matt Shelby received 41,480 votes (3%). In the Commissioner of Agriculture and Industries race, incumbent Republican Rick Pate cruised to victory 944,021 (84.3%) over Libertarian Jason Clark 169,869 (15%). In the State Treasurer races, Republican incumbent Young Boozer trounced Libertarian Scott Hammond with 944,792 votes (83.75%) to 174,472 votes (15.47%). For State Auditor, Republican Andrew Sorrell won 947,719 votes (84.4%), while Libertarian Leigh Lachine had 166,243 votes (14.81%). For Alabama Supreme Court Place 5, political newcomer Republican Greg Cook won 941,059 votes (67.42%), while Democrat Anita Kelly received 453,518 votes (32.49%). Incumbent Republican Alabama Supreme Court Place 6 Kelli Wise was unopposed winning re-election 995,688 votes (97.51%). For Public Service Commission Place 1, Republican incumbent Jeremy Oden defeated Libertarian Ron Bishop 934,987 (83.73%) to 172,733 (15.47%). For Public Service Commission Place 2, incumbent Republican Chip Beeker received 929,248 votes (83.18%), while Laura Lane had 179,302 votes. Lane received more votes than any other Libertarian, but her 16.1% was still far below the 20% threshold that the Libertarians needed statewide. The Alabama Republican Party also retained its supermajorities in both Houses of the Legislature. Democrats flipped one Alabama House seat in Montgomery County (Charlotte Meadows), while Republicans flipped one Democratic seat in the Wiregrass (Dexter Grimsley). These numbers are all unofficial results from the Alabama Secretary of State’s office. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Election 2022: A look at who’s running on the Alabama ballot
Alabama voters will decide races ranging from U.S. Senate and governor to local offices in Tuesday’s election Polling places and registration status can be found on the secretary of state’s website, at https://myinfo.alabamavotes.gov/voterview. Voter turnout is expected to be moderate, according to a projection by Secretary of State John Merrill. Polls open at 7 a.m. and close at 7 p.m. Here’s a quick look at major statewide races and issues: US SENATE Republican Katie Britt faces Democratic nominee Will Boyd and Libertarian John Sophocleus in the race for the rare open Senate seat in Alabama. Britt is outgoing U.S. Sen. Richard Shelby’s former chief of staff and the former leader of the Business Council of Alabama. Britt was endorsed by former President Donald Trump in the GOP primary and has emphasized border security, concern about the national debt and a need for new voices in Congress. Boyd, a pastor, supports Medicaid expansion and efforts to protect the Voting Rights Act. Sophocleus, a former college economics instructor at Auburn University, supports the abolishment of federal gun laws and the creation of a flat tax. GOVERNOR Republican Gov. Kay Ivey is looking to win a second full term in office as she faces Democrat Yolanda Flowers and Libertarian Jimmy Blake. Ivey avoided a runoff in the spring despite facing eight Republican challengers in the primary. Flowers, an educator, is the first Black woman to win a major party’s gubernatorial nomination in the state. Blake is a physician and a former Birmingham City Council member. LIEUTENANT GOVERNOR Republican Lt. Gov. Will Ainsworth faces Libertarian Ruth Page-Nelson. There is not a Democratic candidate in the race. The lieutenant governor presides over the Alabama Senate. However, the most notable thing about the position is that the lieutenant governor becomes governor if the governor leaves office for any reason. Libertarians believe the race is their strongest hope of hitting the 20% vote threshold needed to maintain ballot access in 2024. SECRETARY OF STATE Alabama will elect a new person to the office that oversees elections. Republican Rep. Wes Allen faces Democrat Pamela Laffitte and Libertarian Matt Shelby. Allen, citing security concerns, opposes alternative means of voting such as curbside voting, mail-in voting, or allowing people to vote absentee for any reason. Laffitte supports expanded methods, such as early voting and no-excuse absentee voting, to make voting more convenient. Shelby supports changing Alabama’s stringent ballot access law that has made it difficult for third-party candidates to run. He also supports alternative systems such as ranked-choice voting. ATTORNEY GENERAL Republican Attorney General Steve Marshall faces Democrat Wendell Major. Marshall is seeking his second full term as Alabama attorney general. His campaign has emphasized his role in lawsuits challenging vaccine mandates and other policies of President Joe Biden’s administration. Major is the police chief of Tarrant. He has emphasized the need to address the state’s opioid crisis and mental health crisis. OTHER RACES — In the state treasurer’s race, Republican incumbent Young Boozer faces Libertarian Scott Hammond. — In the state auditor’s race, Republican Andrew Sorrell faces Libertarian Leigh Lachine. — In the race for commissioner of agriculture and industries, Republican incumbent Rick Pate faces Libertarian Jason Clark — In the races for Public Service Commission, Republican incumbents Jeremy Oden and Chip Beeker face challenges from Libertarians Ron Bishop and Laura Lane. — In the race for Alabama Supreme Court, Place 5, Republican Greg Cook faces Democrat Anita Kelly. NEW CONSTITUTION Alabama voters will decide whether to ratify the Alabama Constitution of 2022 that removes racist language, such as references to segregated schools and an interracial marriage ban. It also reorganizes the document, which has been amended nearly 1,000 times, to remove repealed provisions and make it more user-friendly. However, it makes no changes to how government operates. CONSTITUTIONAL AMENDMENTS There are 10 proposed statewide constitutional amendments. Those include Amendment 1, which would give judges more discretion to deny bail to people accused of violent crimes. Amendment 10 is a companion amendment to the ratification vote that would allow new amendments to be placed within the document. Republished with the permission of The Associated Press.
Steve Flowers: Very impressive, high steppin’ victory for Gov. Kay Ivey
Our popular high steppin’ pistol tottin’ Governor Kay Ivey won a very impressive reelection victory for Governor on May 24. Ivey turned back eight GOP primary challengers to win the Republican gubernatorial nomination without a runoff. She garnered an amazing 54% of the vote and carried every county in Alabama. That is a feat not often accomplished, especially considering she had eight folks running against her. However, her popularity is probably the reason she had no serious thoroughbreds challenge her in the gubernatorial derby. Any knowledgeable political pro could look at the odds of defeating one of the most popular incumbent governors in the nation with plenty of campaign resources and walk away from that uphill battle. After all, she had beaten a more impressive field in 2018, which included Huntsville Mayor Tommy Battle, without the need for a runoff. Six of her male opponents were “also ran” unknown and still unknown candidates. The seventh male in the race, Tim James, whose claim to fame is that his daddy was governor, is becoming a perennial candidate. He has run three times and finished third three times. He got a respectable 15%, but he spent $5.7 million to get that amount. If he tries again, he will be considered in the Shorty Price category. The only female in the race was first-time candidate Lindy Blanchard. She finished second to Kay Ivey with 18%. Therefore, the two females running for governor finished first and second. However, there is a world of difference in getting 54% and 18%. Lindy is a nice lady. If you meet her, you cannot help but like her. She spent an amazing $11 million of her own money. That equates to about $100 per vote. That may be a new record. That should tell her that she just might not be cut out for politics. She nor Tim James ever got any traction or resonated. The fact that Blanchard and James spent most of their $16 million combined on negative ads, and I might add disingenuous ads against Governor Ivey, is even more of a testament to how popular and resilient Ivey remains. I said from the get-go that Ivey would win without a runoff and felt that way to the end. I have to admit that on the night of the election, when it appeared that the turnout was going to be lighter than expected, I wondered privately if she might dip below 50%. However, she outperformed and got about 54%. Kay and her team ran a flawless campaign. Her TV ads were folksy and effective. She did not take anything for granted. She never said a bad word about any of her opponents. In fact, she never acknowledged them or called their name. Even in her victory speech, she said we have got to keep running hard against our Democratic opponent. Even though winning a statewide gubernatorial race as a Democrat is extremely unlikely. Winning the GOP primary for governor in the Heart of Dixie is tantamount to election. Kay Ivey’s 2022 reelection victory is almost as remarkable as her mentor and idol and our only other female governor, Lurleen Wallace’s 1966 landslide victory. There are several other constitutional offices that will be decided on June 21. The Secretary of State runoff race will be the closest to watch. State Representative Wes Allen and two-term State Auditor Jim Ziegler are notched in a dead heat. Both got about 40%. Ziegler has name identification, having run a dozen times statewide. Wes Allen has the qualifications. He has been a Probate Judge for over a decade prior to his House term. This one will be close and interesting. The State Auditor’s job will be filled by either Florence State Representative Andrew Sorrell or Kimberly preacher Stan Cooke. The Reverend Cooke did benefit from having run for this job before, and he also received a significant hometown vote from Jefferson County. Our two incumbent conservative PSC members, Chip Beeker and Jeremy Oden, have liberal green-leaning opponents in the June 21 runoff. Greg Cook won an impressive 55-45 victory over Anniston Circuit Judge Debra Jones for Place 5 on the Alabama Supreme Court. He will fit in well with our current conservative and well-credentialed state high court. We will discuss the monumental runoff contest for our open U.S. Senate seat next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Alabama GOP voters decide secretary of state, other nominees
Republican voters in Alabama will decide their party’s nominees in four statewide races Tuesday after campaigns in which many of the candidates touted their devotion to faith, former President Donald Trump, and guns. A statewide constitutional amendment to fund park improvements also is on the ballot. Here are the key races to watch: SECRETARY OF STATE Four Republicans and one Democrat are on the primary ballot to succeed GOP incumbent John Merrill as Alabama’s top elections officer, secretary of state. Ed Packard, who worked in the secretary of state’s elections division for nearly 25 years, is seeking the Republican nomination in a field that includes Jim Zeigler, who was barred from running again as state auditor by term limits; state Rep. Wes Allen of Troy, who served nearly a decade as probate judge in Pike County; and Christian Horn, a GOP activist and business owner from Madison County. None of the four candidates has raised major complaints about election problems in Alabama, which is controlled by Republicans and voted heavily for President Donald Trump in 2020. But all have talked about measures needed to tighten election security, an issue popularized among conservatives by Trump’s false claims that the 2020 election was stolen by President Joe Biden. Merrill couldn’t seek the office again after serving two terms. The eventual Republican nominee will face Democrat Pamela J. Laffitte of Mobile in November. ATTORNEY GENERAL Alabama Attorney General Steve Marshall faces a single primary challenger as he seeks a second four-year term as the state’s main law enforcement official. First appointed to the position in 2017, Marshall is opposed by Harry Bartlett Still III, an attorney from Daphne. Marshall, who previously served as district attorney in Marshall County, regularly opposes initiatives launched by Democratic President Joe Biden, including vaccination requirements for COVID-19 and federal policies along the border with Mexico, and he testified against the nomination of now-Justice Ketanji Brown Jackson to the U.S. Supreme Court. Still contends corruption is rampant in state government and that the agency that oversees police standards and training in the state needs to be reorganized to increase public trust in law enforcement. He also supports replacing Alabama’s heavily amended constitution, passed in 1901 to ensure white supremacy. The winner will face Democratic nominee Wendell Major, police chief in the Birmingham-area city of Tarrant, in November. STATE AUDITOR Candidates for Alabama state auditor typically emphasize the importance of keeping track of state property, but three Republicans seeking the office this year added another talking point in the era of false claims about a stolen presidential vote — election security. Stan Cooke, a pastor from Kimberly; Rusty Glover, a former history teacher from Semmes who served in the state Senate; and state Rep. Andrew Sorrell of Muscle Shoals all are emphasizing the auditor’s role of selecting county registrar boards as they seek the office. Almost directly echoing false claims by former President Donald Trump, Cooke’s campaign website says the state must get ahead of Democrats before they “try and steal our elections as they did in Pennsylvania, Arizona, and even our neighbor to the east, Georgia.” The incumbent, Jim Zeigler, couldn’t seek reelection after serving two terms and is running for secretary of state. Winning the Republican nomination is tantamount to election because no Democrat qualified to run for auditor. SUPREME COURT One Republican candidate for the Alabama Supreme Court is trying to woo voters with a mix that includes his devotion to God and former President Donald Trump. The other is emphasizing her experience in the courtroom — and her gun. Greg Cook, an attorney from metro Birmingham, and Debra Jones, a circuit judge who hears cases in Calhoun and Cleburne, are seeking the Republican nomination for the Place 5 Supreme Court seat held by Justice Mike Bolin, who is retiring. Cook is portraying himself as a “Trump-tough” Republican who was a Trump delegate and represented conservative interests in the 2000 presidential recount contest in Florida between Al Gore and President George W. Bush. Aside from partisan and legal qualifications, Cook’s campaign resume features his longtime church membership and leadership. Jones released a commercial late in the campaign boasting of her support for Trump, her short stature — “She’s 5 feet of concrete” — and a case in which she sentenced a person convicted of child molestation to more than 1,000 years in prison. The spot shows her firing a handgun and saying the only reason she didn’t put the person “under the jail” was “the liberals” wouldn’t let her. All nine members of the court are Republicans, and the winner of the Place 5 race will be a heavy favorite over Democrat Anita L. Kelly, a judge in Montgomery, in the general election. CONSTITUTIONAL AMENDMENT Voters will decide whether to let the state go into debt for $85 million in bonds to spruce up Alabama’s state parks and historical sites. A statewide constitutional amendment on the ballot would provide $80 million in funding for state park projects that include adding and improving camping sites, adding wireless service, upgrading electrical and water service, replacing playgrounds, constructing swimming pools, and repairing parts of Gulf State Park damaged by Hurricane Sally. The remaining $5 million would go to the Alabama Historical Commission for acquiring, renovating, and maintaining historical parks around the state. The agency wouldn’t be allowed to use the money at Confederate Memorial Park in Marbury. The park is funded by a tax that was originally intended for needy Confederate veterans. Republished with the permission of The Associated Press.
Offices including secretary of state contested in Alabama
The campaigns for U.S. Senate and governor have gotten the most attention leading up to Tuesday’s primary in Alabama, but five other statewide races are on the ballot. With multiple candidates in some races, some nominations may not be decided until after runoff elections scheduled for June 21. Here are some of the key races to watch: SECRETARY OF STATE Four Republicans and one Democrat are on the primary ballot to succeed GOP incumbent John Merrill as Alabama’s top elections officer, secretary of state. Ed Packard, who worked in the secretary of state’s elections division for nearly 25 years, is seeking the Republican nomination in a field that includes Jim Zeigler, who was barred from running again as state auditor by term limits; state Rep. Wes Allen of Troy, who served nearly a decade as probate judge in Pike County; and Christian Horn, a GOP activist and business owner from Madison County. None of the four candidates has raised major complaints about election problems in Alabama, which is controlled by Republicans and voted heavily for President Donald Trump in 2020. But all have talked about measures needed to tighten election security, an issue popularized among conservatives by Trump’s false claims that the 2020 election was stolen by President Joe Biden. Merrill couldn’t seek the office again after serving two terms. The eventual Republican nominee will face Democrat Pamela J. Laffitte of Mobile in November. ATTORNEY GENERAL Alabama Attorney General Steve Marshall faces a single primary challenger as he seeks a second four-year term as the state’s main law enforcement official. First appointed to the position in 2017, Marshall is opposed by Harry Bartlett Still III, an attorney from Daphne. Marshall, who previously served as district attorney in Marshall County, regularly opposes initiatives launched by Democratic President Joe Biden, including vaccination requirements for COVID-19 and federal policies along the border with Mexico, and he testified against the nomination of now-Justice Ketanji Brown Jackson to the U.S. Supreme Court. Still contends corruption is rampant in state government, and that the agency that oversees police standards and training in the state needs to be reorganized to increase public trust in law enforcement. He also supports replacing Alabama’s heavily amended Constitution, passed in 1901 to ensure white supremacy. The winner will face Democratic nominee Wendell Major, police chief in the Birmingham-area city of Tarrant, in November. STATE AUDITOR Candidates for Alabama state auditor typically emphasize the importance of keeping track of state property, but three Republicans seeking the office this year added another talking point in the era of false claims about a stolen presidential vote — election security. Stan Cooke, a pastor from Kimberly; Rusty Glover, a former history teacher from Semmes who served in the state Senate; and state Rep. Andrew Sorrell of Muscle Shoals all are emphasizing the auditor’s role of selecting county registrar boards as they seek the office. Almost directly echoing false claims by former President Donald Trump, Cooke’s campaign website says the state must get ahead of Democrats before they “try and steal our elections as they did in Pennsylvania, Arizona, and even our neighbor to the east, Georgia.” The incumbent, Jim Zeigler, couldn’t seek re-election after serving two terms and is running for secretary of state. Winning the Republican nomination is tantamount to election since no Democrat qualified to run for auditor. SUPREME COURT One Republican candidate for the Alabama Supreme Court is trying to woo voters with a mix that includes his devotion to God and former President Donald Trump. The other is emphasizing her experience in the courtroom — and her gun. Greg Cook, an attorney from metro Birmingham, and Debra Jones, a circuit judge who hears cases in Calhoun and Cleburne, are seeking the Republican nomination for the Place 5 Supreme Court seat held by Justice Mike Bolin, who is retiring. Cook is portraying himself as a “Trump-tough” Republican who was a Trump delegate and represented conservative interests in the 2000 presidential recount contest in Florida between Al Gore and President George W. Bush. Aside from partisan and legal qualifications, Cook’s campaign resume features his longtime church membership and leadership. Jones released a commercial late in the campaign boasting of her support for Trump, her short stature — “She’s 5 feet of concrete” — and a case in which she sentenced a person convicted of child molestation to more than 1,000 years in prison. The spot shows her firing a handgun and saying the only reason she didn’t put the person “under the jail” was that “the liberals” wouldn’t let her. All nine members of the court are Republicans, and the winner of the Place 5 race will be a heavy favorite over Democrat Anita L. Kelly, a judge in Montgomery, in the general election. CONSTITUTIONAL AMENDMENT Voters will decide whether to let the state go into debt for $85 million in bonds to spruce up Alabama’s state parks and historical sites. A statewide constitutional amendment on the ballot would provide $80 million in funding for state park projects that include adding and improving camping sites, adding wireless service, upgrading electrical and water service, replacing playgrounds, constructing swimming pools, and repairing parts of Gulf State Park damaged by Hurricane Sally. The remaining $5 million would go to the Alabama Historical Commission for acquiring, renovating, and maintaining historical parks around the state. The agency wouldn’t be allowed to use the money at Confederate Memorial Park in Marbury. The park is funded by a tax that was originally intended for needy Confederate veterans. Republished with the permission of The Associated Press.
Steve Flowers: Incumbency prevails in secondary constitutional offices
Incumbency is a potent, powerful, inherent advantage in politics. That fact is playing out to the nines in this year’s Alabama secondary constitutional and down ballot races. Several of the constitutional office incumbents do not have Republican or Democratic opposition. Of course, having a Democratic opponent is the same as not having an opponent in a statewide race in Alabama. A Democrat cannot win in a statewide contest in the Heart of Dixie. Lt. Governor Will Ainsworth will be elected to a second four-year term without opposition. He will be waiting in the wings to follow Kay Ivey as Governor. Agriculture Commissioner Rick Pate will be reelected without opposition. He has done a good job in this important state post. State Treasurer Young Boozer is running unopposed for another four-year term. He does an excellent job and is uniquely qualified for the Treasurer’s job. State Supreme Court Justice Kelli Wise is running for reelection unopposed. Kelli is popular and is a good jurist. She is home free for six more years on the state’s high tribunal. Attorney General Steve Marshall has token opposition in his run for reelection. One Republican and one Democrat qualified against Marshall. However, he will coast to reelection. There are two seats up for election on the Alabama Public Service Commission. There are three seats on this regulatory panel. The President of the PSC runs in a presidential year. Twinkle Cavanaugh is President and pretty much runs the ship. The two incumbents are Jeremy Oden and Chip Beeker. Oden has two unknown Republican opponents. Beeker has two opponents in the GOP Primary. One has some name identification, who has run before. Beeker and Oden will probably win reelection. There are only three hotly contested and interesting secondary statewide races. That is because these three posts are open without an incumbent on the scene. Popular Supreme Court Justice Mike Bolin, the former Probate Judge of Jefferson County, is term-limited by an antiquated law that prohibits a judge from running for the court after age 70. There are two qualified candidates seeking to follow Judge Bolin. Birmingham Defense Attorney Greg Cook is facing Anniston Circuit Judge Debra Jones. Cook appears to be the favorite to win. It is apparent that the business community in the state is backing Cook. He has also been endorsed by the Alabama Farmers Federation. The latest campaign finance reports reveal Cook has $552,000 to spend compared to Jones’s $15,000. The State Auditors position is open. Jim Ziegler has served his eight-year stint. This will be an interesting three-man race for this benign position. Former Mobile State Representative and State Senator Rusty Glover is facing Muscle Shoals State Representative Andrew Sorrell and Jefferson County Pastor Stan Cooke. All three are getting out and working the state. The race to succeed John Merrill as Secretary of State will be a good race. Merrill is term-limited after eight years. State Auditor Jim Ziegler is wanting to move next door in the Capitol and become Secretary of State. Because of his name identification advantage, Ziegler will be favored to win the race. However, he will get a significant challenge from State Representative Wes Allen. Young Wes Allen has been running for over a year and has a good many significant endorsements, including Alfa. He has an impressive resume having served a decade as Probate Judge of Pike County and four years as a State Representative. He also has two home bases. He has lived and served in office in Troy in Southeast Alabama and was born and raised in Tuscaloosa, where his father, Gerald Allen, has been a long-time State Senator. Ed Packard, who has run the Elections Division of the Secretary of State’s office for decades, is also running. He is very well qualified. The aforementioned current Secretary of State, John Merrill, is not seeking any elective office in 2022, even though he is still relatively young. I have said this before, and it holds true today, Merrill is currently the best and most prolific retail politician in the state and one of the best I have seen in Alabama. He has a real grassroots organization in Alabama. He is literally everywhere. Even though he is not on the ballot running this year, he is outworking every candidate mentioned in this column. You have not heard the last of John Merrill. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama Newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
FarmPAC announces 2022 political endorsements
FarmPAC, the political arm of the Alabama Farmers Federation’s (ALFA), has announced its endorsements for the upcoming primary elections for 2022. ALFA president and CEO Jimmy Parnell explained that the endorsements came after months of study and consideration of all candidates who went before the federation. Parnell stated, “These candidates have invested time in getting to know our county leaders. They’ve spent time on our farms and attended meetings where they heard about the issues and concerns important to Federation members. At the same time, our county leaders have studied the candidates and decided these individuals have the knowledge, experience, and determination to help lead our state and nation in the right direction.” The following candidates have earned the official endorsement of FarmPAC: • Katie Britt — U.S. Senate• Jerry Carl — U.S. House of Representatives, District 1• Barry Moore — U.S. House of Representatives, District 2• Mike Rogers — U.S. House of Representatives, District 3• Robert Aderholt — U.S. House of Representatives, District 4• Dale Strong — U.S. House of Representatives, District 5• Gary Palmer — U.S. House of Representatives, District 6• Terri Sewell — U.S. House of Representatives, District 7• Kay Ivey — Governor• Will Ainsworth — Lieutenant Governor• Steve Marshall — Attorney General• Wes Allen — Secretary of State• Young Boozer — Treasurer• Rusty Glover — Auditor• Rick Pate — Commissioner of Agriculture and Industries• Greg Cook — Alabama Supreme Court, Place 5• Kelli Wise — Alabama Supreme Court, Place 6• Jeremy Oden — Public Service Commission, Place 1• Chip Beeker — Public Service Commission, Place 2• Tracie West — Alabama State Board of Education, District 2• Yvette Richardson — Alabama State Board of Education, District 4• Cynthia McCarty — Alabama State Board of Education, District 6• Wayne Reynolds — Alabama State Board of Education, District 8 Endorsements approved at Tuesday’s meeting will carry through to the general election. Additionally, the federation stated they would announce their endorsements for state legislature at a later date. FarmPAC Chairman Steve Dunn of Conecuh County said the Federation encourages voters to study the issues and candidates prior to the election. Dunn stated, “It’s important for Alabama voters to be engaged in the electoral process,” said Dunn. “We encourage members to exercise their right to vote, regardless of their political preference, and to consider these FarmPAC endorsements when they go to the polls.”
