Perhaps Alabama’s most transparent leader, John Merrill, allows you to digitally stalk him
When it comes to connecting with the people of Alabama, there’s one statewide leader who goes above and beyond the call of duty to ensure he is as transparent and accessible as possible. The Alabama Secretary of State, John Merrill, not only fulfills his duties of office, but he also goes to great lengths to connect with those he serve. The proof? His Facebook page. On a daily basis Merrill takes to the social media platform to post public snaps of everyone he’s meeting with in the State Capitol and at events across the state. His daily updates are not only transparent, but seem to serve as a digital diary of his efforts in the Secretary of State’s office that he welcomes constituents to follow along. Here’s a look at this past week: Saturday Sunday Monday Tuesday Wednesday Thursday Friday The office of Secretary of State The Alabama Secretary of State is the Chief Clerk of the state and acts as the primary custodian of important state records. These records include business registrations, legislative acts, land records, campaign finance records, trademarks, and more. In addition to keeping the Great Seal of the State, the Secretary of State is the state’s Chief Election Officer, responsible for running and recording the results of all state elections.
John Merrill orders registrars back to school to conduct voter registration drives
Alabama Secretary of State John Merrill is ordering members of the Alabama Board of Registrars to go back to school. That is, he is asking all registrars — those tasked with registering voters in and outside the office — to return to all schools of higher learning (two-year, four-year, technical schools, trade schools, liberal arts schools, private schools, etc.) in their respective county to register students to vote no later than October 22, the last day tor register to vote. Merrill’s office says each school will have a scheduled time no later than Friday, October 5. The Alabama Board of Registrars’ offices are required to be available to the people of Alabama who attend Alabama’s many two and four-year universities. While many registrars already completed these trips once this year, registrars have been instructed to return to conduct drives for any students not yet registered to vote or need to submit a voter update form to make voting easier in their location. These efforts are a part of Merrill’s ongoing efforts to ensure each and every eligible U.S. citizen that is a resident of Alabama is a registered voter with a photo ID. How to register to vote Alabamians who are at least 18 years old, a U.S. citizen, have not been convicted of a disqualifying felony or declared “mentally incompetent” by a court may register one of three ways: Via an electronic voter application through the Alabama Secretary of State’s website here. By using the Vote for Alabama app. Available here. Via a mail the application. You may download and print a copy of the form here. In person at your local Board of Registrars’ office. Office locations can be found here. As well as when you are applying for or renewing a State of Alabama driver’s license or nondriver identification card; at state and local government offices when applying or recertifying for Aid to Dependent Children, SNAP, TANF, Food Stamps, WIC, Medicaid, or Rehabilitation Services; at public libraries; and at armed forces recruiting stations. Not sure if you’re registered? Want to find your polling place? Check here.
It’s National Voter Registration Day — are you registered to vote?
Every year millions of Americans find themselves unable to vote because they miss a registration deadline, don’t update their registration, or aren’t sure how to register. Which is why National Voter Registration Day creates the perfect opportunity for Americans and Alabamians alike to take a moment to register to vote if they’ve not already done so. State residents have just under 30 days to to register to vote in the Nov. 6 general election — for a bevy of federal statewide and local races — by Monday, Oct. 22. The deadline is set according to the Secretary of State’s office, which mandates the 15th day before an election as the voter registration deadline. “Since I became Secretary of State, we have registered more than a million new voters who have helped us shatter state records for voter registration and participation in our elections,” said Secretary of State John Merrill. “But we also want our voter rolls to be up-to-date, so we are urging everyone to take a moment to make sure their current address is correct in the state system. We are pleased to participate in this special day that encourages more participation in our electoral process. We continue to work daily to make sure every eligible U.S. citizen in our state is registered to vote and has a photo ID. We want to make it easy to vote and hard to cheat.” How to register to vote Alabamians who are at least 18 years old, a U.S. citizen, have not been convicted of a disqualifying felony or declared “mentally incompetent” by a court may register one of three ways: Via an electronic voter application through the Alabama Secretary of State’s website here. By using the Vote for Alabama app. Available here. Via a mail the application. You may download and print a copy of the form here. In person at your local Board of Registrars’ office. Office locations can be found here. As well as when you are applying for or renewing a State of Alabama driver’s license or nondriver identification card; at state and local government offices when applying or recertifying for Aid to Dependent Children, SNAP, TANF, Food Stamps, WIC, Medicaid, or Rehabilitation Services; at public libraries; and at armed forces recruiting stations. Not sure if you’re registered? Want to find your polling place? Check here. Voting absentee Alabama voters who will be away from their county or residence or otherwise unable to go to the polls have until Nov. 1 to apply for an absentee ballot. According to the Secretary of State’s office, a voter may cast an absentee ballot if he or she: WILL BE ABSENT FROM THE COUNTY on election day IS ILL OR HAS A PHYSICAL DISABILITY that prevents a trip to the polling place IS A REGISTERED ALABAMA VOTER LIVING OUTSIDE THE COUNTY, such as a member of the armed forces, a voter employed outside the United States, a college student, or a spouse or child of such a person IS AN APPOINTED ELECTION OFFICER OR POLL WATCHER at a polling place other than his or her regular polling place WORKS A REQUIRED SHIFT, 10-HOURS OR MORE, that coincides with polling hours Nov. 5 is the last day for voters are eligible to hand-deliver or postmark an absentee ballot.
ACLU of Alabama sues Sec. of State John Merrill for blocking constituents on personal Twitter
President Donald Trump made headlines last summer for blocking American on Twitter for the political views they have expressed, which ultimately resulted in a successful plaintiff’s lawsuit on grounds that the action was unconstitutional and a violation of the First Amendment. Now a similar case has made its way to the Yellowhammer State. On Wednesday, the American Civil Liberties Union of Alabama filed a lawsuit on behalf of three Alabama citizens challenging Secretary of State John Merrill for blocking them on his @JohnHMerrill Twitter account, claiming as an elected government official, his actions violate the First Amendment to the United States Constitution. The plaintiffs in the suit are: Kimberly Fasking: a law student at the University of Alabama, was blocked after asking about crossover voting. Heather Melvin Boothe: was blocked for stating “Good point! Ballot has major typo.” Herbert Hicks: a farmer and educator, who was blocked after asking Merrill about a speaking engagement. “It is upsetting to me that the Secretary of State, who primarily uses his Twitter account to disseminate information on issues related to his office, has also weaponized that account by blocking those with whom he disagrees politically,” said Fasking. “It is not the Secretary of State’s job to communicate only with those who agree with him, but with all of the people of the State of Alabama. I am disappointed that I no longer have ready access to information from the Secretary of State’s office in a way that allows me to engage meaningfully on topics that I find incredibly important.” Not his official account But Merrill’s office explained to Alabama Today that the @JohnHMerrill account is in fact not the Secretary’s official Twitter account. Rather, it’s his personal account that he maintains from personal devices. While Merrill does use the account to discuss state business, such as election law, information about his duties as Alabama Secretary of State, reminders to the public about upcoming elections, he maintains the @alasecofstate account for actual, official business. John Bennett, Deputy Chief of Staff and Press Secretary for Merrill confirmed the official account has never blocked any constituents. He further shared an example of why some people were blocked on Merrill’s personal account, saying that when he shared that his father died they celebrated the news. Merrill himself weighed-in on the lawsuit Wednesday afternoon calling it a “political hack-job.” “The lawsuit filed today by the ACLU of Alabama is an attempted political hack-job,” Merrill posted on Facebook. “Members of this liberal group are attempting to create an issue concerning lack of access to public officials that simply does not exist. As every member of the media and general public who interacts with this office knows, the most important thing for an elected official to do is to remain accessible to the people of this state. That is why I always make my cell number 334.328.2787 available to all Alabamians.” He also confirmed the account noted in the suit is his personal Twitter account. “The account in question @JohnHMerrill is exclusively my account, while the account @alasecofstate is the state’s public account, and this account has never blocked anyone from viewing any of the posts on its page. The @JohnHMerrill account has remained a personal account since its creation, in October 2009,” Merrill added. “I am recognized as one of the most accessible and personally available elected officials in the history of the state of Alabama, which is why I visit all 67 counties each year. It is my desire to continue to be recognized in that way as long as I have the privilege to continue to serve in public office.” Nevertheless the ACLU contends constituents should have access to that personal account because Merrill holds a state office. “In the digital age that we live in, John Merrill as a government official does not get to pick and choose who receives information on Twitter just like he can’t kick out his constituents for their beliefs at a town hall,” stated ACLU of Alabama attorney Brock Boone. “This is a violation of the First Amendment. It is worrisome that the individual in charge of free and fair elections chooses to discriminate against individuals on social media. As the Secretary of State, Merrill should be using his platform to inform the public, not censure them. The lawsuit seeks to stop Merrill from blocking plaintiffs or others based upon whether he agrees or disagrees with their viewpoint. The case, Fasking v. Merrill, was filed in the U.S. District Court for the Middle District of Alabama on September 19, 2018. *4:35 p.m. CT: This story has been updated with Merrill’s statement.
John Merrill: The people of Alabama need an Ethics Commission that will enforce the laws
I am disappointed to find myself, once again, in a position to ask what purpose the Alabama Ethics Commission serves to the people of this state. To whom are the elected officials or those seeking public office to look to for ethical political leadership? The people of Alabama need an Ethics Commission that will enforce the laws and regulations it is charged with enforcing, with consistency. When campaigns file their fundraising disclosures with the Secretary of State’s office, they are required to file on a given date no later than 11:59 p.m. When candidates and political action committees (PACs) fail to file these reports in a timely manner, the law requires the Secretary of State’s Office to issue a civil penalty based on the amount of contributions and expenditures from that reporting period. In the event that a candidate or PAC wishes to appeal the penalty, the Secretary of State’s office is required to send those requests to the Alabama Ethics Commission, allowing members of the Commission to determine whether the penalty should be upheld or not. At three previous Ethics Commission meetings, in February, April and June of 2018, the commission waived fines on 12 appeals that were filed outside the 14-day window allowed by law. However, during the Commission’s meeting on Sept. 5, they declined to hear cases filed outside the 14-day window, saying they didn’t have jurisdiction and declining to rule on whether that penalty would stand — despite having previously done so previously 12 times in 2018. It the position of the Secretary of State’s Office that these specific matters were improperly set aside and should be reinstated by the Commission. And, in spite of a request from counsel for the Ethics Commission, the Secretary of State’s Office will continue to adhere to the requirements of state law which clearly establishes the Commission as the sole body with authority to overturn a penalty issued for a campaign or political action committee filing a financial disclosure form after the due date. Previously, Ethics Commission Executive Director Tom Albritton stated, “the commissioners reviewed those files and discussed them in detail before our meeting. So they reviewed every one of them as they have for every meeting.” If that is true, then why have they just now become aware of these appeal date issues? Each appeal delivered to the Alabama Ethics Commission is delivered as a file which includes each file that was not timely filed and a copy of the date the appeal was filed. The Code of Alabama directs the Secretary of State’s Office to work in conjunction with the Alabama Ethics Commission to administer the Fair Campaign Practices Act. Therefore, without communication and cooperation between our agencies, as well as the commission’s consistent application of the laws and rules established by the legislature, the FCPA does not work. ••• John Merrill is the Secretary of State of Alabama, a position which he has held since 2015. He is a member of the Republican Party.
John Merrill announces 92 percent of Alabama election complaints closed
Alabama Secretary of State John Merrill announced on Tuesday that his office has successfully resolved all election complaints from the 2016 election cycle and the 2017 Senate election. Since taking office, Merrill’s team has closed over 92 percent of election issues and complaints that have been submitted. “Our goal since taking office has been to make it easy to vote and hard to cheat,” Merrill said in a press release. “When I first sought this office, there was no process for documenting voter fraud reports. It is unfortunate complaints like this have to be made at all, but I am proud of the way we have worked to follow through and get them closed or reported to the appropriate authorities.” In March of 2015, former Alabama Attorney General Luther Strange and the Alabama Law Enforcement Agency partnered with the Secretary of State’s office to form the Alabama Elections Fairness Project; a united effort to “investigate and prosecute allegations of voter fraud or campaign finance irregularities,” according to AL.com. The team has since created a page on the Secretary of State’s website where concerned individuals can report suspected fraud or suspected violations of the Alabama Fair Campaign Practices Act in state and local elections online. Since April of 2015, Merrill’s office has received 764 complaints about voting issues from several sources, including personally observed voting fraud. Of the 764 complaints received, the office has only 58 remaining cases under investigation. The following is a breakdown of which organizations closed the 706 complaints which were resolved: Seven closed reports were handled by Merrill’s office 24 were sent to the ethics commission 37 were reported to the Attorney General 151 were closed due to lack of sufficient information 39 were reported to local or state law enforcement two were withdrawn 446 were closed generally Each member of the Alabama Elections Fairness Project received complaints in accordance with their jurisdiction. For example: complaints sent to the Ethics Commission involved campaign material or finance issues and those sent to the Attorney General’s office were sent because the complaint contained “improper procedures in the administration of the election process, absentee balloting issues or misuse of campaign materials,” according to the press release. “Our office is committed to serving the citizens of Alabama and to doing our part to uphold the rule of law,” Merrill continued in the press release. “We work closely with our law enforcement agencies at the local, state and federal levels to ensure these issues are properly investigated and vigorously prosecuted. We currently have several cases under investigation that could lead to criminal charges, and we hope that serves as a deterrent for people who would seek to harm our electoral process in the future.”
John Merrill announces online business filings now available in Montgomery County
Submitting mandatory business filings in Alabama is going to be a little bit easier for residents in Montgomery County thanks to Secretary of State John Merrill. On Tuesday, Merrill announced the continued expansion of online filing tools for citizens and businesses to submit filing documentation to the Secretary of State’s Office and the county Probate Judge’s Office, when the county signed on to provide its citizens the ability to form a Domestic Limited Liability Company (LLC) through an online portal on the website of the Alabama Secretary of State. This latest expansion, was accomplished in collaboration with Montgomery County Probate Judge Steven Reed. Online filings The Alabama Secretary of State’s Office is the repository for all business filings in the state of Alabama. State law requires the state to record these filings and for them to be made available to the public for inspection. It also requires a fee be charged and empowers the Secretary of State to charge an additional $100 to expedite the filings process; however, with Merrill’s increased efficiencies in the administration of these processes, this fee is no longer necessary, providing additional cost savings to the people of the Alabama. In an effort to further expedite the processing time for new or existing businesses in Alabama, Secretary Merrill implemented an online filing system to allow businesses to complete the registration process without extended time away from their new venture. In May, Baldwin County’s Probate Judge Tim Russell and Jackson County’s Probate Judge Victor Manning became the first counties to implement the program, which is completely free for any county that agrees to participate. Montgomery is Alabama’s latest county to join the program. Merrill’s history of cutting burdensome red tape When Secretary Merrill was campaigning to become Alabama’s 53rd Secretary of State, he learned that state filings were delayed up to periods of between five to nine months from the time of receipt in the Secretary of State’s Office. This length of time did not pay respect to Alabama’s working businesses and families and, with that in mind, Secretary Merrill has worked to process business corporation filings on a “same day, no later than next business day” approach. The need to even provide for an expedite fee has virtually been eliminated. “It is important for the Alabama Secretary of State’s Office to work with all our counties to enhance online business services to benefit Alabamians who wish to form a business corporation. When business thrives our communities prosper and, with both, the quality of life for all our citizens improves. Government should never make forming a business difficult. Instead, we should be working to make government work at the speed of business,” said Merrill. This process is currently available for domestic limited liability filings and For-Profit Domestic Business Corporations. As time progresses, additional services will be added such as the ability to form online Domestic Nonprofit Corporations, LPs, LLPs, LLLPs and Professional Associations. All of the electronic services offered by the Secretary of State’s Office can be found on the website at sos.alabama.gov under the Business Services app icon.
Bullock County probate judge candidate disqualified from race
Last week, Alabama Secretary of State John Merrill joined incumbent Bullock County Probate Judge James Tatum in publicly disqualifying his opponent; independent candidate Justin Faulk. Merrill and Tatum met in front of the Bullock County Courthouse on Tuesday to publicly discuss the reasons Faulk was being disqualified. According to the two men Faulk did not send in the required financial form in the alloted timeframe. Since Faulk was running as an independent, a petition signed by members of the community was required to provide him with ballot access. The two men also accuse Faulk, or some of his supporters, of forging signatures on the petition he sent to Tatum’s office in June. Tatum said that after receiving and reviewing the 18 pages and 102 signatures of the petition, it was clear some of the signatures were signed by the same person. Tatum then turned the petition over to Merrill’s office where it was investigated. “As a result of this investigation it was determined that several of those signatures were invalid,” Tatum told the gathering. “Now this is unethical. It’s dishonest, it’s illegal, it is wrong, and it’s corruption at the highest; and this will not be tolerated,” he continued. Faulk told WSFA that he did send in the required paperwork, both to the probate office and the Alabama Ethics Commission. Tatum said the probate office was not the correct place to send the paperwork, and that he never received it. “In regards to the petition, Faulk said as far he knew, every one of the signatures is valid, not forged by him or his five primary supporters who handled the petition,” WSFA reported. “In fact, Bullock County Sheriff Raymond Rogers told WSFA that based on his own investigation, the signatures were not forged and that they were all signed by the very people listed on the 18 pages.” “We’re good, honest people and I will defend myself because I know I am right and he’s wrong,” Faulk said, WSFA reported. Watch Tatum and Merrill’s full press conference below:
Alabama Ethics Commission says legislator can work for House Speaker
The Alabama Ethics Commission says a retiring member of the House of Representatives can work as House Speaker Mac McCutcheon’s chief of staff without violating the “revolving door” provision of state ethics law. Commissioners issued the advisory opinion Wednesday for Republican Rep. Mark Tuggle of Alexander City. The opinion said Tuggle can do administrative duties but cannot lobby his former colleagues on behalf of outside groups. In a separate matter, the commission will not reconsider an advisory opinion that said a candidate can use campaign funds for child care expenses. Alabama Secretary of State John Merrill’s office asked for the reconsideration, concerned that the wording would open the door to candidates trying to claim all sorts of expenses as campaign related. Commissioners said the opinion was for a specific case. Republished with the permission of the Associated Press.
John Merrill expects 15 to 18 percent turnout in July 17 runoff
The July 17 primary runoff is only 12 days away, and while candidates plead with voters over the airways, Alabama Secretary of State John Merrill says to expect a high turnout for the election. He expects anywhere from 15 to 18 percent of voters to show up to the polls. “I think it will be that high, even though that’s a low number, I think it’ll be that high in the runoff because we have the Lieutenant Governor’s race, we have the Attorney General’s race, and so we’ve got some interest,” Merrill told Yellowhammer News. Merrill predicted a voter turnout of 25 to 30 percent in the June 5 primary election, showing his prediction prowess as 26 percent of the Yellowhammer State’s registered voters made their voices heard at the polls according to the tabulations. In December, Merrill had also estimated 25 percent of voters would turnout for the highly contested special election between Doug Jones and Roy Moore; but more than 1.3 million voters participated, 40 percent. The 2010 primary runoff drew almost 23 percent of Alabama voters, and in 2014 it was turnout was only 11 percent. There are nearly 3.4 million registered voters in Alabama.
Five things you need to know about Jim Zeigler
Incumbent State Auditor Jim Zeigler ran circles around his opponents in the June primary, taking home 55 percent of the vote. But now that the primaries are over, the real battle has begun. Zeigler one again faces Democratic nominee Miranda Joseph in the November 6 general election, creating a bit of a déjà vu for voters as the two ran against one another in 2014. With that in mind, here are the five things you need to know about Jim Zeigler: 1. He’s been Alabama’s state auditor since 2014, and has served in one other state office. Zeigler served on the Alabama Public Service commission in the 1970’s, and after running several unsuccessful campaigns for statewide offices in the early 2000’s, he was elected State Auditor in 2014. Since then he has been working hard: announcing a budget plan to save the state’s park system in 2015 and launching a volunteer-based program within his office to investigate claims of waste, fraud and abuse within Alabama state government, to his most recent quest to solve Alabama’s infrastructure problems; he’s become a public fixture nobody expected. 2. His background is in law and he practiced law for over 20 years. Originally from Sylacauga, Ala., Zeigler earned his JD from the Jones Law Institute at Faulkner University in Montgomery; obtaining his license in 1978. In 1993, he opened his own private practice, practicing as a mediator, arbitrator, and attorney until 2015, when he was elected State Auditor. Zeigler recently voluntarily relinquished his law license, after deciding not to run for Alabama Attorney General. 3. He’s fought hard against government waste while in office and continually seeks to keep Alabama lawmakers in check. The Alabama Department of Transportation’s (ALDOT) long contested “bridge to nowhere,” was a battle against wasteful spending Zeigler was willing to fight. Calling on ALDOT’s transportation director John Cooper to answer his questions about the need for an $87 million state-funded bridge project in Baldwin County — which would be a second bridge to Orange Beach, later saying the department needed to redirect funds from the bridge to the Mobile River Bridge and the I-10 Bayway Project. Zeigler has continued to “stir the pot” during his time in office, and seeks to continue what he sees as his job; keeping Alabama legislative officials in check. “I have a plan to turn the State Auditor’s office into a watchman against government mismanagement and waste,” Zeigler told Alabama Today. “It is starting to work.” 4. He was Student Government Association President at the University of Alabama. While in college, Zeigler served as President of the university’s Student Government Association (SGA) from 1970 to 1971. While there, he also served on the Athletic Committee with Coach Paul “Bear” Bryant. Note: Several members of the Alabama legislature have begun their political careers in universities student government associations. Governor Kay Ivey was a member of the SGA at Auburn University and Secretary of State John Merrill served as President of the University of Alabama’s SGA from 1986 to 1987. 5. He was one of the first legislative officials to file a complaint with the Alabama Ethics Commission regarding former governor Robert Bentley In March of 2016, before former governor Robert Bentley‘s impeachment process began, Zeigler filed a report with the Alabama Ethics Commission requesting they investigate Bentley’s affair with senior advisor Rebekah Caldwell Mason. A frequent critic of Bentley’s Zeigler released a statement saying; “the governor continues to disgrace the state of Alabama, and in my official capacity as state auditor, I am required to report these suspected violations.” Bentley was later impeached for his inappropriate affair with Mason, resigning from office in April of 2017.
Five things you need to know about Heather Milam
Heather Milam won the Democratic nomination for the office of Secretary of State in the June 5 primary, but now that the primaries are over and the real battle begins. Milam will face incumbent Secretary of State, Republican John Merrill in the November 6 general election, and the two candidate’s backgrounds could not be any more different from each other. With that in mind, here are five things you need to know about Heather Milam: 1. She has a 15 year career in publishing and marketing. After graduating from Auburn University with two Bachelors of Arts degrees, Milam began her career at EBSCO Industries. Milam has also worked for a travel magazine and Network Communications Inc. the largest real estate publisher in the country at the time. At Network Communications Inc. Milam increased her markets’ revenues by 30 percent each year on average “by increasing not only print ad sales, but also digital sales including new services solely devoted to social media,” according to her bio on Weld’s website. 2. She was the General Manager and one of the founding members of the Weld for Birmingham magazine. In 2009, Milam joined the group that would eventually become Weld for Birmingham — a free community newspaper for the city of Birmingham which published weekly newspapers for six years. When the newspaper was created, Milam became the Chief Operations Officer, and General Manager for the paper. 3. She’s an entrepreneur and teaches classes at the University of Montevallo. Milam’s classifies her position at Weld as an entrepreneurial one because she joined the paper at its founding. She decided to share her experience in the classroom at the University of Montevallo’s Stephens College of Business where she teaches business management, and is the MBA program director. Milam also promotes entrepreneurial training with an innovation training program called Co.Starters. 4. She and her husband met while volunteering on a non-profit board. Milam has served in several capacities in non-profits in and around Birmingham including as a board member of the Alabama Environmental Council’s, social chair of the Birmingham Track Club, a host committee member for Growing Kings, and several other non-profit boards focusing on healthcare, education and the arts. She and her husband, Kris met while serving together on the Environmental Council’s board. 5. Her campaign’s largest donations have come from individuals, and she received a $500 in-kind contribution from the Good People Brewing company in Birmingham. Milam’s largest donations have been from individuals contributing to her campaign. In Milam’s bio on Weld’s website, she lists one of the things she likes as Good People’s IPA, a very popular beer in Birmingham, and across the state. The Birmingham Watch reported the Good People Brewing company was one of Milam’s highest campaign donors, although the donation was an in-kind one after she held her campaign kick-off event at the brewery in March.
