John Merrill: Ballot trafficking is illegal in Alabama
In Alabama, it is illegal for any individual to return or mail another individual’s absentee ballot application or their absentee ballot. This practice, known as ballot trafficking or ballot harvesting, is a dangerous practice that often leads to ballot traffickers stealing the votes of well-meaning and unsuspecting voters. Alabama law requires that the chain of custody be maintained for both absentee applications and absentee ballots. If the chain of custody for an absentee application or ballot is broken, then the law has been violated. According to §17-11-4 of the Code of Alabama, “The application may be handed by the applicant to the absentee election manager or forwarded to him or her by United States mail or by commercial carrier, as determined by rule by the Secretary of State.” Under Alabama law, the application must remain in the voter’s custody or with an approved commercial mail carrier during the entire process. Pertaining to absentee ballots, §17-11-9 states that after completing their ballot, voters must “forward it by United States mail to the absentee manager or hand it to him or her in person.” Once again, the absentee ballot must remain in the custody of the voter or an approved commercial mail carrier. Ballot trafficking will not be allowed in our state. It undermines the legitimacy of the elections process, and it leads to many Alabamians having their votes trafficked by paid political operatives. These traffickers are not seeking to make it easier to vote. In fact, they are trying to make it easier to cheat. Ballot trafficking cheats Alabamians out of their opportunity to freely elect their leaders without coercion or manipulation. If you are a witness to ballot trafficking or have been a victim of ballot trafficking, then it is incumbent upon you to report this activity to the Secretary of State’s Elections Division at 334-242-7210 or by visiting stopvoterfraudnow.com. Individuals who are found to be engaged in ballot trafficking will be referred to prosecuting authorities so they can be indicted and prosecuted to the fullest extent of the law. John Merrill has been the Secretary of State for Alabama since 2015.
One week left for voter registration for Primary Election
Secretary of State John Merrill issued a press release to remind Alabamians that they have one week left to register to vote. May 9, 2022, is the last day to register for the May 24th Primary Election. Alabamians can register to vote online at alabamavotes.gov or through the mobile app “Vote for Alabama.” All online registrations must be submitted by 11:59 PM on May 9th to be eligible for the May 24th Primary Election. Eligible Alabamians have until the close of business on May 9th to return their physical registration applications to their local Board of Registrars’ Office. To register to vote in Alabama, you must be a U.S. citizen and an Alabama resident who is 18 years or older on or by Election Day, and the prospective voter cannot be convicted of a disqualifying felony nor declared mentally incompetent.
MyPillow’s Mike Lindell endorses Jim Zeigler for Alabama Secretary of State
The quiet race for Secretary of State in Alabama has gained some attention. Mike Lindell, the CEO of MyPillow, has endorsed Jim Zeigler for Secretary of State. Lindell is a major supporter of former President Donald Trump and the founder of Cause of America, a citizen group promoting election integrity. Lindell issued a press release endorsing Zeigler, lauding Zeigler’s election integrity. “The people of Alabama need a Secretary of State who will stand firm in the fight for election integrity and be a protector of the people’s vote, Lindell stated. “Alabama needs a proven leader and a proven fighter with a history of standing up to the political establishment. After considering the field of candidates in Alabama, I am announcing my full and complete endorsement of Jim Zeigler for Secretary of State.” Zeigler is the current State Auditor but is term-limited and is in his final year of eight years as Auditor. He is running for the seat being left by outgoing Secretary of State John Merrill, who is not running for any office this year. Zeigler responded to the endorsement, stating that the position is vital for election procedures. “Over the next eight years, the job of Secretary of State will be vital. We face national attempts to manipulate honest election procedures. Alabama needs a proven fighter against government overreach to be our fighting Secretary of State,” Zeigler commented. “We face attempts to allow non-citizens to vote. Jim Zeigler will fight against that. Only U.S. citizens should vote in U.S. elections.” “As your State Auditor, I led the fight against waste, mismanagement, and corruption. As your Secretary of State, I can apply that same approach to fight the manipulation of our elections,” Zeigler continued. “As your State Auditor, some people called me ‘the watchman.’ I will continue as your watchman over the election process as Secretary of State.” “Election integrity may be the most important single issue. The reason is this: If we lose our ability to elect or defeat officials, then all other issues will have lost accountability to the people. We would have government of the manipulators, by the manipulators, and for the manipulators. A vote for Jim Zeigler is a vote against election by manipulation.” Zeigler earned a degree in Public Administration from the University of Alabama and paid his way through college as the janitor in the old Student Union Building and playing in an oldies band. He played trumpet in the University’s Million Dollar Band and debated on the intercollegiate debate team. He served on the University Athletic Committee with legendary Coach Paul “Bear” Bryant. Zeigler’s wife Jackie is the elected State Board of Education member from the First District — eight counties of south Alabama. She successfully led the banning of Critical Race Theory in Alabama schools. She has been a consistent vote to repeal Common Core. Along with Zeigler, the other Republican candidates for Secretary of State are Rep. Wes Allen of Troy, businessman Christian Horn of Huntsville, retired Secretary of State staffer Ed Packard of Prattville. The Republican primary is May 24.
Jim Zeigler leads poll, trails in fundraising for Secretary of State
The latest independent poll shows State Auditor Jim Zeigler leading the race for Secretary of State. But the poll also shows 57% of voters are still undecided. That could pose a problem for Zeigler, as he trails in fundraising. The McLaughlin & Assoc. poll showed candidate percentages at:Zeigler 25.8Rep. Wes Allen 13.1Chris Horn 2.4Ed Packard 1.2Undecided 57.4 McLaughlin sampled 500 Republican likely voters from March 10 – 13. The race is for an open seat as incumbent Sec. of State John Merrill is term-limited and not running for any office this year. With 57% of voters still undecided, the race could be decided by paid ads. Campaign cash on hand for the candidates is: Allen $117,687Zeigler $25,604Horn $9,343Packard $3,134 Zeigler has served two terms as State Auditor and is limited by the state constitution from running for a third consecutive term.
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.
Jim Zeigler pushes plan to deter election fraud
Secretary of State candidate Jim Zeigler announced a plan to deter election fraud in Alabama. Zeigler told the Houston County Republican Women at their Thursday lunch meeting that six convictions for voter fraud have all been in Alabama’s Wiregrass region – five in Houston County and one in neighboring Henry County. Zeigler said the plan is to make it illegal for someone convicted of election fraud to play any role in elections for the next five years. The plan is included as part of SB249, introduced Tuesday by State Sen. Sam Givhan of Huntsville. Here is the plan from SB249: Any individual convicted of an (election) offense shall be prohibited from doing any of the following for five years after the date of conviction: (1) Hold public office. (2) Serve as an appointed official for the state or the state, or any board or commission of the state, or any city or county. (3) Serve as a notary public. (4) Serve as a poll worker, poll watcher, or election official. (5) Serve as a witness of an absentee ballot. The bill was assigned to the Senate Committee on Governmental Affairs. Zeigler is running for the open seat of Secretary of State. Incumbent John Merrill is barred from seeking a third term by constitutional term limits.
Donald Trump makes commercial to promote Alabama’s voter ID campaign
Alabama Secretary of State John Merrill announced that former President Donald Trump has made a video promoting voter registration and photo voter IDs. Merrill released a preview of the 30-second commercial today. The video was made when Merrill visited Trump at Mar-a-Lago in November. Merrill stated on Twitter, “I am so excited to announce that the 45th President of the United States, Donald J. Trump, has agreed to help us promote voter registration & photo ID in the state of Alabama in 2022!!” “I’m Donald Trump and I love Alabama,” Trump says in the video. “As many of you know, there are few issues facing our nation as important as election integrity and election fraud. This is why the people of the great state of Alabama must work together to make it easier to vote and harder to cheat. “So get out and register to vote and get a photo ID so you can make your voice heard and decide the future of our great county.” Trump received 62% of the vote in Alabama in 2016 and 2020.
Jim Zeigler to bring campaign for Secretary of State to Baldwin County Saturday
State Auditor Jim Zeigler is scheduled to speak about his campaign for Secretary of State on Saturday with a speech in Baldwin County. He will speak to the Baldwin County Think Tank at 8 a.m. Saturday, February 5 at Mama Lou’s Restaurant in Robertsdale. The meeting is open to the public and news media, and no ticket or RSVP is needed. A Dutch Treat breakfast buffet is optional and starts at 7:30am. Zeigler is running for an open seat, as incumbent Secretary of State John Merrill is term-limited and cannot run for a third term. Zeigler originally ran for governor but announced at the end of January that he would not run for Governor this year. Zeigler set up an exploratory campaign in August 2021, and says he received support and encouragement to run instead for a down-ballot state office to remain in state government. Zeigler says he has always been an advocate for the people of Alabama and will keep fighting in whatever capacity they elect him to serve. “Alabama taxpayers need a consistent voice in state government to defend our constitutional rights and fight government overreach.”
John Merrill: Response to Representative Wes Allen on ERIC Membership
In his recent electronic posting, Representative Wes Allen (R-Troy) falsely claimed that the Electronic Registration Information Center (ERIC) is a “Soros-funded, leftist group.” Both assertions are patently false, and they show a lack of understanding about how the elections process works in our state. First and foremost, ERIC was not founded nor funded by George Soros, and to claim otherwise is either dishonest or misinformed. ERIC was founded by the original seven-member states: Colorado, Delaware, Maryland, Nevada, Utah, Virginia, and Washington with the assistance of Pew Charitable Trusts. Also, ERIC’s operating costs are funded completely by annual dues paid by member states, not by George Soros. In 2015, the legislature passed Act 2015-459, which authorized “the Secretary of State to enter into agreements to share information with other states in order to maintain the statewide voter registration database.” I asked a freshman legislator with great promise to carry this bill for our office, and it was his first piece of meaningful legislation. That freshman legislator was Lieutenant Governor Will Ainsworth. In 2016, Alabama was certified to join ERIC. Also, it is important to note that currently, ERIC is the only organization capable of providing the necessary data for proper voter list maintenance. In Alabama, ERIC is used to preserve a clean and accurate voter list and to contact eligible residents who are not registered voters. Each month, we provide ERIC with a voters list and driver’s license data, and we receive information from ERIC for voter list maintenance in return. Monthly, our office receives a list of voter records that potentially need to be removed or inactivated based on deceased records from the Social Security Administration, potential duplicate voter records in Alabama, or voters that have potentially moved out of the state. Since joining the program in 2016, ERIC has identified more than 19,000 voter records of potentially deceased Alabama voters that died in this state or another ERIC member state. 98% of those voter records are no longer on the Alabama voter rolls. ERIC identified more than 222,000 voter records of potential cross-state movers from voter lists and driver’s license information obtained from other ERIC member states. 90% of those identified voter records are either no longer on the Alabama voter rolls or have been placed on a path to be removed in accordance with federal law. ERIC identified more than 24,000 voter records of potential duplicate registered voters in which an Alabama voter had duplicate records with potential inaccurate data. ERIC helped us match these voter records, and 95% of those duplicate records are no longer on the Alabama voter rolls. Annually, our office receives a list of individuals that have received a driver’s license or non-driver’s identification card and are not registered voters. Once a year, we reach out to all eligible individuals via a postcard that contains information on how to register to vote. Every two years, with data from ERIC, we perform a voter participation review to determine whether individuals potentially voted more than once in Alabama or voted once in Alabama and once in another state for the same election. These election security measures would not be possible without our partnership with ERIC. Our office does not have direct access to other states’ voter databases or driver’s license records. ERIC does. Our office does not have the authority or capability to securely store other states’ information. ERIC does. Our office does not have the certification and license requirement to access the Social Security Administration Death Master Index. ERIC does. Finally, neither the Alabama Law Enforcement Agency nor our office have the ability to compare driver’s license records for our state with other states for the purpose of voter list maintenance. ERIC does. ERIC has helped us to remove more than 1,350,000 ineligible voters from the rolls in the last six years. If elected as Secretary of State, how would Representative Wes Allen ensure that voters who have moved or have passed away are purged from our voters’ list without the necessary data that ERIC provides? By leaving ERIC for cheap political points, Representative Allen could undermine the election security measures that have made Alabama the gold standard for election integrity throughout the nation. Another flagrant mischaracterization by Representative Allen is the assertion that Alabamians’ information is transmitted to nefarious actors. This could not be further from the truth. ERIC’s membership agreement strictly prohibits them from selling, sharing, or disclosing Alabama’s data to any person, party, organization, or group. Also, the data is protected under the Federal Driver’s Privacy Protection Act (DPPA), and the data is not public record. Representative Allen has been rather quick to demand that Alabama end its relationship with ERIC. Hopefully, he will also be timely in outlining how he would end our relationship with ERIC while simultaneously maintaining election security without access to the necessary data, legal authority, or capability to conduct proper voter list maintenance. The State of Alabama could spend tens of millions of taxpayer dollars on a recurring annual basis and still not be able to provide the same level of services. While I am still Secretary of State, we will always choose election integrity, security, accountability, and transparency, along with sound and responsible financial decision-making over scoring cheap political points and to continue to ensure that it is easy to vote and hard to cheat. Let’s hope whomever the voters of Alabama elect to succeed me will do the same. John Merrill is currently serving as Alabama’s 53rd secretary of state.
Ed Packard announces run for Secretary of State
Prattville resident Ed Packard has announced his candidacy for the office of Secretary of State. Packard is a 24-year employee of the Alabama Secretary of State’s office and served as state election director from 2013-2017. The Auburn alum was previously elected to the Autauga County Republican Executive Committee. Packard ran for secretary of state in 2006 as a Democrat but lost to incumbent Nancy Worley in the primary. Packard proposed implementing post-election audits for all elections in Alabama, noting it’s one of the most important tasks of the position. Alabama is currently only one of six states that doesn’t require post-election audits of any type. “Alabama’s voters expect and are due the ability to vote in elections that are free and fair, ” Packard said in a statement. “Alabamians should not have to be concerned about whether our elections have integrity and credibility. We election administrators should faithfully implement the rules by which elections are held. And to ensure that is done, the Alabama Legislature should provide for post-election audits of all elections in the State of Alabama.” Packard also said he supports Alabama’s requirement that voters show photo identification to cast a ballot. However, he also said he supports allowing voters with certain disabilities to return ballots online. Secretary of State John Merrill demoted Packard in 2017 after nearly 3 million ballots had to be reprinted for the November election to add language that was omitted from an amendment to the Alabama constitution. The mistake cost the secretary of state’s office $459,690.80. Merrill is term-limited from seeking reelection in 2022. Rep. Wes Allen is the only other candidate vying for the Republican nomination. The primaries are set for May 24.
Two Alabama judges tapped to serve on election council
Secretary of State John Merrill announced that two Alabamians had been named to the U.S. Election Assistance Commission’s Local Leadership Council (LLC). James Tatum, Probate Judge of Bullock County, and Andrea LeCroy, Probate Judge of Marshall County, will serve as Alabama’s representatives on the LLC. The LLC is a federal advisory board that will focus almost exclusively on the responsibilities of local election officials. The council will consist of two members from each state to ensure geographic diversity, objectivity, and balance. According to the U.S. Election Assistance Commission (EAC) website, the EAC established the Local Leadership Council on June 8, 2021. The board is comprised up of 100 local election officials who are current or former officers in each state’s local election official association. The advisory board gives recommendations to the EAC on topics like voter registration and voter list maintenance, voting system user practices, ballot administration, processing, accounting, canvassing, auditing and testing of ballots, and certification of results.
Secretary of State’s Office further streamlines online business filings
John Merrill continues efforts to ease the burden on small businesses by further improvements to the state’s website. The Alabama Secretary of State has launched a new online business amendment tool. The tool enables users to file amendments to their business filings online instead of just in paper form. It will help modernize the state’s business filings process, a goal Secretary of State John Merrill has prioritized. In the past, business entities were only able to file amendments to their business filings using a paper form. However, the Business Filing Amendments portal will allow certain business entities to amend their filings electronically. In 2018, Secretary Merrill streamlined corporate filings so that they are processed the same day that they are received. That same year, he also implemented an online filing system to allow businesses to complete the registration process more efficiently and without added processing fees. Since January 2021, 87% of all new business formations have been filed through the Secretary of State’s online portal. This new online business filing tool will be equally beneficial and will streamline services for businesses and enable them to file amendments to their existing business filings more quickly. Alabama State Director of the National Federation of Independent Businesses Rosemary Elebash stated, “NFIB Alabama members and the state’s small business community appreciates the Secretary of State’s Office moving to online filings. Online filings and now amending a filing will save small business owners time and money.”
