Special session to be held next month
The U.S. Supreme Court surprised many court observers earlier this month when it ruled that Alabama’s congressional redistricting passed in 2021 violated the Voting Rights Act of 1965. The special session to address the redistricting will be next month. 2024 is a presidential election, and the Alabama major party primaries will be early in that cycle on March 5. This means that campaign qualifying with the major parties will begin in November. The three-judge panel of the Eleventh Circuit Court of Appeals in Atlanta has ordered the state to present a redistricting plan acceptable to the court, or the court will appoint a special master to do it. State Representative Mack Butler (R-Rainbow City) told Alabama Today that he heard the special session would be on July 17. Butler said the special session would narrowly focus on passing a new congressional redistricting plan. Rep. Ron Bolton (R-Northport) addressed BamaCarry of Tuscaloosa County on Monday night. “The special session will be on July 17,” Bolton said. “It will be an agreed-upon bill.” Bolton said that the three-judge panel in Atlanta had set the deadline for the state to submit a compliant redistricting plan as July 21. Rep. Ed Oliver (R-Dadeville) told Alabama Today that the special session should include legislation on the ballot harvesting ban bill that failed in the last session. “That’s the Secretary of State’s bill,” Oliver said. “With two contested congressional races, we need that to ensure that the election is secure.” The federal court ruled that since Alabama is nearly 28% Black, the state should have two congressional districts that are either majority Black or are close to it. Currently, the Seventh Congressional District, comprised of a 55% Black voting population, is Alabama’s only majority-minority district. The other six congressional districts are all less than 30% Black and are all represented by White Republican men. The Seventh Congressional District is represented by Rep. Terri Sewell – the only Black person in the congressional delegation and the only Democrat. Since all seven congressional districts have to be roughly equivalent in size, changing the districts so that two have roughly 48% or more minority voters will mean that all seven districts will change in redistricting. Whereas the Legislature before sought to keep all seven of the incumbents in their districts, that won’t be a consideration in the next redistricting plan, so it is likely that some incumbents could be redistricted into the same districts. Alabama Republican Party Chairman John Wahl has said the Alabama GOP will contest all seven congressional districts in 2024 – including Rep. Sewell’s. Rep. Oliver said that in that hyper-competitive environment, it is important to have as secure an election as possible, and that is why the call should include the ban on ballot harvesting. House Bill 209 (HB209) passed the House of Representatives in the recent regular session, but the Alabama Senate failed to address it. Ballot harvesting involves paying political operatives to collect absentee ballots. “Over the last decade, there have been multiple convictions for absentee ballot fraud across the state of Alabama,” wrote Secretary of State Wes Allen. “As a Probate Judge, a legislator, and now as Secretary of State, I am committed to eliminating election fraud in our state. HB209, sponsored by Rep. Jamie Kiel, makes incredible strides in protecting the rights of Alabama voters to cast their own votes without undue influence. Currently, it is legal for groups operating as non-profits to offer payments in exchange for absentee ballot applications to Alabama registered voters. HB209 would end that. Today, it is legal for out-of-state organizations to mail pre-filled absentee ballot applications to unsuspecting voters across the state, some of whom have moved or have no intention of voting absentee. HB209 would prohibit this practice.” “HB209 would make it illegal to pay or to be paid by a third party to collect absentee ballot applications or absentee ballots from Alabama voters,” Allen continued. “Furthermore, it would eliminate the ability of organizations to sow the seeds of chaos and confusion by sending pre-filled absentee applications into our state. Our elections are the foundation of our constitutional republic, and nobody should be paid for their absentee application or their ballot. Ballot harvesting should not be a job description.” Democrats, who opposed the bill, called it “voter suppression” and said that it would make it illegal for neighbors to help neighbors fill out their absentee ballot. HB209, as amended in the House, would allow family members to help family members prepare their absentee ballot. “House Bill 209 states that the Secretary of State, probate judges, absentee ballot election managers or their designee,” Rep. Adline Clarke (D-Mobile) said. “Now, it is absolutely unrealistic to believe that these individuals can take up the slack for the hundreds of volunteers that assist voters in every election. It is not humanly possible and will cause a huge decrease in the number of voters who vote absentee. That is a sad thought.” Whether or not the ballot harvesting bill is included in the call for the special session is solely the purview of Gov. Kay Ivey. “I have a wish list, I am sure you have a wish list, but that is up to the Governor,” Sen. Dan Roberts (R-Mountain Brook) told Alabama Today. Roberts warned that including Allen’s legislation in the special session would be “divisive.” Roberts was also skeptical of rumors that a proposed constitutional amendment addressing gambling could be in the call. “I had not heard that,” Rep. Butler said when asked about the gambling bill rumor. “I think it is going to be a simple one-issue special session.” “In all of the communications that I have had with Speaker (Nathaniel) Ledbetter, he has not given me any indication to think that is being considered,” Oliver said of the gambling rumor. Butler said that with two highly contested congressional races on the ballot in 2024, “We are going to need every Republican to turn out.” To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Twelve more bills to watch introduced in the legislative session
The 2023 Alabama Regular Legislative Session is almost half over. Tuesday will be legislative day 14. To this point, State Legislators have introduced 618 bills in the current legislative session. Alabama Today has been monitoring bills as they are introduced. Here are twelve of the most recently introduced bills to watch. House Bill 370 (HB370) is sponsored by Representative John Rogers. According to the synopsis, HB370 “would require the Alabama State Law Enforcement Agency to establish and maintain a database that includes a list of individuals with communication disabilities or disabilities that can impair communications, to be available to law enforcement officers. This bill would require the Alabama Department of Public Health to develop a form for individuals to voluntarily register for inclusion in the database.” Senate Bill 237 (SB237) is sponsored by Senator Tom Butler. According to the synopsis, “Under existing law, the Alabama Memorial Preservation Act of 2017 prohibits architecturally significant buildings, memorial buildings, memorial streets, and monuments that are located on public property and have been so situated for 40 or more years from being relocated, removed, altered, renamed, or otherwise disturbed unless the Committee on Alabama Monument Protection grants a waiver, and provides penalties for violations. This bill would require a controlling governmental entity that replaces a memorial building to maintain the original name or erect a marker memorializing the name. This bill would provide that a petition for waiver is deemed denied if the Committee on Alabama Monument Protection fails to act on an application for waiver within 90 days. This bill would revise the penalties for violations and would authorize the Attorney General to commence a civil action. This bill would also require the Alabama State Council on the Arts to oversee the design, construction, and installation of a replica of the Saturn 1B Rocket, previously located at the I-65 Ardmore Welcome Center in Elkmont, Alabama, at the most northern I-65 rest stop in the state.” House Bill 364 (HB364) is sponsored by State Rep. Steve Hurst. HB364 would require a public K-12 school or a local board of education to accept cash and any other form of payment of its choosing for admission to school-sponsored sporting events that are open to the public. Some venues have gone to credit card payments only during the COVID-19 pandemic. House Bill 354 (HB354) is sponsored by State Rep. Mack Butler. HB354 “would provide that classroom instruction or discussions related to gender identity or sexual orientation may not be provided to public school students in kindergarten through eighth grade or to public school students in a manner that is not age or developmentally appropriate. This bill would require the State Board of Education to adopt procedures for notifying a student’s parent if there is a change in the student’s services or monitoring relating to the student’s mental, emotional, or physical health and would prohibit local boards of education from adopting policies to the contrary. This bill would require each local board of education, at the beginning of each school year, to notify parents of the health care services available to students and allow parents to opt their child out of any health care service.” Senate Bill 224 (SB224) is sponsored by Sen. Vivian Figures. According to the synopsis, “Under existing law, the crime of transmitting obscene material to a child by computer is a Class B felony. This bill would clarify that for the purpose of this crime, a child is a person who is under 16 years of age. Under existing law, a person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted in certain circumstances. This bill would clarify that a criminal proceeding for a violation of distributing a private image could be brought in any county in which any part of the crime took place, in the county of residence of the victim, or any county where the image was received. Also, under existing law, a violation of incest is a Class C felony. This bill would provide that a violation of incest when the victim is under 16 years of age is a Class A felony. Also, under existing law, a person may not be convicted of the crime of incest or of an attempt to commit incest unless there is corroborated testimony. This bill would remove the requirement of corroborated testimony.” Senate Bill 234 (SB234) is a state constitutional amendment by Sen. Merika Coleman. SB234 would end the state’s four percent sales tax on groceries but would replace the lost revenue by ending the state’s allowing income taxpayers to deduct their federal income tax. A family of four who spends $110 a week on groceries would save $229 on the reduced sales tax on groceries. With a typical household taxable income of $54,062, they pay $4,726 in federal income taxes. Currently, they would deduct that from their state-taxable income. If SB234 passes and they lose that deduction, they would pay $281 in additional Alabama income taxes. In this example, that family would pay $52 more in taxes. A low-income family or a retired couple with no investment income would come out ahead by not having to pay the grocery tax. A high-income family will pay more taxes in this scenario if SB234 becomes law. Senate Bill 232 (SB232) is sponsored by Sen. Chris Elliott. SB232 would authorize peer-to-peer car-sharing programs, which are business platforms that connect vehicle owners with drivers, to enable the sharing of vehicles for financial consideration in this state. House Bill 342 (HB342) is sponsored by Rep. Susan Dubose. The bill states, “Under existing law, the State Superintendent of Education is authorized to issue professional educator certificates to qualified individuals who complete an alternative teacher preparation program offered by an approved alternative teacher education preparation organization. This bill would provide additional requirements for programs to provide alternative certifications for educators.” House Bill 339 (HB339) is sponsored by Rep. Chris Pringle. The bill states, “Under existing law, the second or runoff
Legislature passes bill to prevent municipalities from adding to state building codes
On Thursday, the Alabama Legislature passed legislation that would prevent municipalities from adding additional requirements for homebuilders that are not found in the state building code. Senate Bill 40 (SB40) is sponsored by State Senator Chris Elliott. The legislation was carried in the Alabama House of Representatives by State Representative Reed Ingram. Rep. Ingram told the Legislature that extra demands from municipalities were driving up the cost of new home construction. “A lot of municipalities are making them do extra work,” Ingram said. “They are making that add extra support for roof solar panels and add extra wiring for electric stoves in homes in a subdivision that are built for gas stoves.” SB40 prohibits the adoption or enforcement of certain building codes requiring the installation of certain latent, non-operable features in a residential structure.” “It is not what the builder wants or what the homeowners want,” Ingram explained. “They are making them run a 220 line and do a lot of extra work for electric stoves that are not needed. It affects every home in the entire subdivision. You have never had to do that before.” “This is a bill from the Homebuilders Association,” Ingram explained. “This is happening all over the state. It is adding extra cost for the homeowner.” Rep. Laura Hall asked if the League of Municipalities opposed this. Ingram said, “It came through my committee, and we had no group opposition.” “Some are also requiring to wire for electric cars,” Ingram said. “The homeowner may not want an electric car. You can always go back and wire in for electric cars.” “When you are building a spec home, if a builder wants to have all gas or electric, that is his choice,” Ingram added. Rep. Scott Stadthagen said, “I want to thank you for your efforts on behalf of the homebuilding industry. Rep. Brett Easterbrook said, “I have been a home builder for 38 years. We are probably spending $25,000 and $30,000 extra on a house in Mobile and Baldwin Counties because of this.” Rep. Curtis Travis said, “I want to thank you for bringing this bill to give some control over the arbitrary decisions of local governments.” Rep. Anthony Daniels said,” This is a good bill that will help consumers. I am supportive of this bill.” Rep. Mack Butler said, “This is a liberty issue.” SB40 passed the House of Representatives 104 to 0 without amendment. It has already passed the Senate, so it now goes to the Governor for her consideration. Tuesday will be Day 14 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution of 1901 limits the Legislature to no more than thirty days in a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Thomas Govan campaigns for Court of Criminal Appeals
Judicial candidate Thomas Govan addressed the Etowah County Republican breakfast Saturday about his campaign to be elected to an open seat on the Alabama Court of Criminal Appeals. Govan currently works for the Alabama Attorney General’s office, where he is the Chief of the Attorney General’s Criminal Trial Division. “Chris McCool is running for the Supreme Court, which creates the open seat I am running for,” said Govan. Govan said that in his former role as head of the AG’s capital division, he argued for imposing individual death sentences even before the U.S. Supreme Court. “The cases that take the most time at the appellate level are death penalty cases,” Govan explained. “I handled some of the most heinous murders that happened in our state,” Govan said. “I led those prosecutors, including against a defendant who had murdered a Mobile police officer. The defendant snuck up behind the officer who was sitting in his car and shot him in the head.” “Now I do trial work,” said Govan. “We work hand in hand with law enforcement officers to tell the story of victims.” Govan said that he primarily prosecutes violent crime. One of those cases is in Macon County, where he leads the prosecution of Ibraheem Azeed, who killed Anaiah Blanchard. “It is so important that we stand up for victims of crime,” Govan said. “We need strong leaders at all levels of government who will fight for our values,” Govan said. “Judges are there to interpret the law as it is written,” Govan explained. “A judge is kind of like an umpire in baseball. He is there to just call balls and strikes as he sees them.” Govan said that judges should also “uphold the Constitution” and “interpret the Constitution as it is written.” Govan attended the University of Alabama and also serves in the U.S. Air Force, where he is a JAG officer. “We all have callings,” said Govan. “We do it for the glory of God.” Govan said he has practiced before the Court of Criminal Appeals for over a decade. “The Court of Criminal Appeals has a big caseload – all the judges in Alabama carry a big caseload,” Govan said. “I have practical experience trying cases all over Alabama working with law enforcement. That kind of experience is very important and unique.” “Most of us grew up in communities where the law is respected,” Govan said. “It is my hope and prayer that we will continue to live in a state where the rule of law is respected.” “My wife and I have four children,” Govan said. “She is a teacher at our kid’s school.” Govan was asked about a bill passed by both Houses of the Legislature that limits good time incentives for prisoners. “That is a really important bill,” Govan answered. “My office supported that bill.” “My entire career as a prosecutor, I have been tough on crime,” Govan said. Govan said that he is not the only announced candidate. “There are two other folks who have announced, and there could be more jumping in,” Govan said. Alabama Today asked Govan if the state needs more judges. “I think across the board, we need more law enforcement, DA support, and judges across the state,” Govan said. “I will let smarter folks in the legislature handle that.” During the breakfast, conservative talk radio host Jay Holland announced, “Phil Hodges passed away just Tuesday.” “He was a good Republican,” Holland said. “As some of you might know, Phil beat me by one vote in the Republican Primary in 1994 (State Representative) in House District 30. We went through an election challenge, but Phil came out on top. We came out of that great friends. His funeral is Tuesday.” State Rep. Mack Butler said, “Phil was a former FBI agent a long, long time ago.” The Etowah County Republican breakfast is held monthly at the Western Sizzler in Rainbow City. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
372 bills have been filed in Alabama legislative session
Only four legislative days have passed in the 2023 Alabama Regular Legislative Session, but already 372 bills have been filed by legislators. Alabama Today has worked on writing about as many of these as possible so that our readers stay informed on issues before the Alabama Legislature. Two hundred bills were filed in the last week alone. Below is a short recap of 15 of these. Senate Bill 143 (SB143) by State Senator Will Barfoot targets youth gangs. The legislation seeks to identify members of criminal gangs. SB143 would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity. State Representative Allen Treadaway has introduced similar legislation in the House – HB191. House Bill 217 (HB217) is sponsored by State Rep. Anthony Daniels. It would exempt overtime from state income taxes and a substantial tax cut for many hardworking hourly workers. Under existing law, gross income is defined for state income tax. Also, the existing law exempts certain amounts from the calculation of gross income. This bill would exclude work performed in excess of 40 hours in any week from being included in the gross income calculation. Daniels, the House Minority Leader, has some powerful cosponsors on this legislation, which has just dropped, including Speaker of the House Nathaniel Ledbetter and education fund budget Chairman Danny Garrett. Sen. Sam Givhan has introduced similar legislation in the Senate – SB137. House Bill 115 (HB115) by Rep. Danny Garrett would lower the top state income tax rate. Under existing law, Alabama levies an individual income tax at rates ranging from two percent on taxable income to a top rate of five percent on taxable income. This bill would phase in a reduction in the top tax rate from five percent to four and ninety-five hundredths percent. House Bill 181 (HB181) by Rep. Mack Butler would prohibit financial institutions from disclosing certain customer financial records of firearms transactions. HB181 would allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition and to provide civil penalties and criminal penalties for violation of the act. Butler told Alabama Today that he did not believe that credit card companies need to be tracking customers’ gun and ammunition purchases. “That’s too much information for the credit card companies or the government to have,” said Butler. “The Sons of liberty would have had a big problem with that.” Senate Bill 144 (SB144) by Barfoot would address the shortage of judges by creating three additional circuit judgeships and two additional district judgeships to be funded out of the State General Fund in Fiscal Year 2024. House Bill 209 (HB209) by Rep. Jamie Kiel would effectively outlaw ballot harvesting in Alabama. This bill would prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances and would provide for exceptions. This bill would prohibit any person from receiving a payment or providing payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances. This bill would also establish criminal penalties for violations. HB209 already has 42 House cosponsors. Senate Bill 141 (SB141) by Sen. Linda Coleman-Madison lowers the crime of chemical endangerment of a child to a misdemeanor under some circumstances. Under existing law, a person commits the crime of chemical endangerment of a child if the child is exposed to a controlled substance, chemical substance, or drug paraphernalia. A violation is a Class C felony. This bill would provide that chemical endangerment of a child where the child is exposed to marijuana or drug paraphernalia is a Class A misdemeanor. This bill would also provide that a confirmatory positive drug test must be obtained before an agency or law enforcement initiates any action for a violation. Senate Bill 127 (SB127), sponsored by Sen. Merika Coleman, would expand the statute of limitations on civil suits for alleged sexual misconduct, and it would be retroactive. Under existing law, a civil action for an injury to an individual that involves certain sex offenses must be brought within six years. This bill would expand the statute of limitations for certain sex offenses. Senate Bill 130 (SB130), sponsored by Sen. Vivian Figures, would move the official state celebration of Confederate General Robert E. Lee’s birthday as a state holiday observed on the third Monday in January to the second Monday in October. Currently, the state celebrates Robert E. Lee’s birthday on the same day as Martin Luther King Jr.’s birthday. SB130 would move Robert E. Lee’s birthday to Columbus Day, so Robert E Lee Day would remain a state holiday but would not add a new state holiday. House Bill 187 (HB187), sponsored by Rep. Chip Brown, would require parental or guardian’s consent for a minor to get a vaccine. Under existing law, a minor 14 years of age or older may give consent for medical, dental, and mental health services for themselves without parental consent. HB187 would require consent of a parent or a legal guardian for any minor to receive a vaccination. This became an issue during the recent COVID-19 global pandemic. House Bill 186 (HB186), also by Brown, would allow a parent to opt their child out of any school policy requiring students to wear a face covering at school, at a school function, a school bus, or at a school bus stop. Many parents were upset that their schools required face masks during the pandemic. House Bill 182 (HB182), sponsored by Rep. Traci Estes, would expand the definition of a dependent to include an unborn child. Under current law, taxpayers are allowed a dependent exemption for a son or daughter for
Mack Butler in favor of the lottery
Former State Rep. Mack Butler (R-Rainbow City) is making a return to the Alabama House of Representatives after a four-year absence. Butler posted recently that he would support a simple lottery. “I believe that grown people can do what they want with their own money,” Butler told Alabama Today in a phone interview on Friday following a Butler post on the subject. “On the issue of the lottery I did a little digging and thought I would share with you some of my findings,” Butler stated on Facebook. “The first American lottery was in 1612 and it was to fund the original settlement. Lotteries built early America by funding roads, libraries, churches, colleges etc. Princeton and Columbia University and the University of Pennsylvania began by being financed by lotteries. Lotteries supported the war efforts during the French and Indian Wars also the American Revolution. Rare lottery tickets with George Washington’s signature can still be found today. John Hancock, Ben Franklin and Thomas Jefferson all used lotteries for raising monies. As Paul Harvey used to say “Now you know the rest of the story.”” “We actually passed a lottery when I was in the House,” Butler told Alabama Today. “It went to the Senate where they killed it because they wanted full-blown casinos.” “A lottery is a voluntary tax,” Butler said. “A lot of people would like to be able to go to a gas station and purchase a lottery ticket for the $billion prize they had last week or play some scratch-offs.” Butler was known as one of the most conservative members of the House of Representatives during his previous service. “We were a lot more conservative when I served than the House has been in the last four years,” Butler commented. “If you look up the history of lotteries, they were used to build Churches, schools, roads, and finance the Revolutionary War back then.” The gambling bill that failed to make it to the floor of either House last year rewarded existing gambling establishments with territorial monopolies. “I am not for picking winners and losers or for rewarding people who have been breaking the law for years,” Butler said. “If we do casinos, it shouldn’t be fixed. Everybody should have a fair shot.” “I am not a big gambling guy,” Butler said. “I would be more interested in rebating some of that surplus money to the taxpayers or removing the four percent tax on groceries.” The legislature is projected to have a $2.5 billion surplus that will roll over into Fiscal Year 2022 in FY2023 on October 1. “What I don’t want to do is use that money to grow government,” Butler said. “The special interests are going to want to spend every penny of that money.” Butler was elected to the Alabama House of Representatives in a 2012 special election to represent House District 30, which included parts of Etowah and St. Clair Counties, after Blaine Galliher resigned to take a position working for then Gov. Robert Bentley (R). Butler was reelected in 2014. In 2018 he left the House to run for the State Senate District 10; but lost the Republican primary for the open seat to Andrew Jones. Most of Butler’s hometown of Rainbow City was redistricted in 2021 to House District 28. In May, Butler narrowly defeated incumbent State Rep. Gil Isbell (R-Gadsden) in the Republican Primary. “I do not have a Democrat or a Libertarian,” opponent Butler said. “Governor (Kay) Ivey has already called me to congratulate me.” Rumors about the Governor’s health have followed Ivey’s reelection campaign. “She sounded like Kay to me,” Butler said. “She seemed strong.” Gambling is likely to be a topic that will be introduced in the 2023 regular legislative session in March as well as calls to reduce or eliminate the grocery tax. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Election returns show Sen. Tom Whatley losing by single vote
A state legislator appears to have lost to a primary challenger by a single vote after provisional ballots were counted Tuesday, setting up a possible recount in the race. Another state representative, who is trailing a challenger, says he will file an election contest in his GOP primary race after some voters in his district may have gotten the incorrect ballot. Republican state Sen. Tom Whatley of Auburn trailed primary challenger Jay Hovey by a single vote after provisional ballots were counted Tuesday, Alabama Republican Party Chairman John Wahl said. Hovey, a member of the Auburn City Council, had initially led by four votes, according to unofficial returns, but his lead shrank to a single vote after eligible provisional ballots were counted. Provisional ballots are votes where there was initially a question about the voter’s eligibility. The vote is counted once that question is resolved. Alabama Secretary of State John Merrill said Whatley has 24 hours to request a recount if he chooses. Alabama provides automatic recounts in general elections. In a primary election, a candidate must request and pay for the recount. Wahl said the candidate requesting a recount must put up a bond to pay for the process, but they will get the money back if the recount reverses the result. Whatley did not immediately respond to a text message seeking comment. In another race, unofficial returns showed Republican Rep. Gill Isbell of Gadsden losing to Mack Butler, who previously served in the Legislature. But the race is caught in a mix-up where some voters got ballots with the wrong House district. Merrill said the local Board of Registrars failed to accurately sort some voters into the correct legislative district after lawmakers drew new district lines. Merrill said last week they did not know how many voters were affected. “The 2020 election has election integrity issues. There isn’t fraudulence, but mistakes that caused the results to be invalid,” Isbell told The Associated Press. He said a recount would not resolve the situation. He said the “results have been compromised and another election would be the best solution.” Wahl said the party, “really had no option” but to move forward with certification. “The certification of the election is to confirm that the vote took place and what the result of that vote was,” Wahl said. “After it’s certified, candidates will have the option of challenging it or asking for a recount.” Republished with the permission of The Associated Press.
Several Alabama legislators lose to primary challengers
At least six members of the Alabama Legislature lost to primary challengers on Tuesday, according to unofficial returns, and several races are yet to be decided. In one of the tightest races, Republican Sen. Tom Whatley of Auburn is trailing challenger Jay Hovey by four votes, according to unofficial returns. Provisional ballots will be counted next week. Hovey is a member of the Auburn City Council. In the House of Representatives, Rep. Will Dismukes of Prattville lost to challenger Jerry Starnes. His defeat came after a series of political and legal troubles. Dismukes had faced calls for his resignation in 2020 after participating in a celebration marking the birthday of Nathan Bedford Forrest — the Confederate general who was also an early Ku Klux Klan leader. He also faced a theft charge related to a dispute with a former employer. Other incumbent defeats, according to unofficial returns, included: — Republican Rep. Joe Faust of Fairhope, a 20-year veteran of the House was defeated by Jennifer Fidler. — Republican Rep. Dickie Drake of Leeds was defeated by Susan DuBose. — Republican Rep. Tommy Hanes of Bryant was defeated by Mike Kirkland. — Republican Rep. Proncey Robertson of Mount Hope was defeated by Ernie Yarbrough. — Democratic Rep. Ralph Howard of Greensboro was defeated by Curtis Travis. Republican Rep. Gill Isbell of Gadsden is trailing challenger Mack Butler, who previously served in the Legislature. But the race is caught in a mix-up where some voters got ballots with the wrong House district. Secretary of State John Merrill said they did not know how many voters were affected. Democratic Rep. Rod Scott of Fairfield was forced into a runoff with a challenger. In another notable contest, House Rules Chair Mike Jones, one of the most influential members in the House of Representatives, appears to have lost to Coffee County Commissioner Josh Carnley in his bid to join the Alabama Senate. Unofficial returns showed Carnley avoiding a runoff with Jones by a margin of about 50 votes. The two are seeking the GOP nomination for the state Senate seat being vacated by retiring Sen. Jimmy Holley. Former longtime state Sen. Hank Sanders of Selma will go to a runoff with Robert L. Stewart for the Democratic nomination for District 23. Sanders represented the district from 1982 to 2018. His daughter, Sen. Malika Sanders-Fortier, won the seat in 2018 but is leaving the state Senate to run for governor. Republished with the permission of The Associated Press.
Kay Ivey signs increased penalties for human trafficking into law
Alabama Governor Kay Ivey signed legislation on Wednesday enhancing the criminal penalties for obstructing the enforcement of the human trafficking laws in Alabama. “I was proud to be the House sponsor for a bill this last legislative session that significantly increased the penalties for human trafficking,” said Rainbow City-Republican State Rep. Mack Butler on Facebook. “This crime is on the rise in all 50 states and is a $32 billion a year industry. I’m very thankful the governor gave her quick approval and signed this bill into law.” While many Alabamians are unaware of its ongoings, sex trafficking is actively happening not only abroad, but also in Alabama. According to the National Human Trafficking Hotline at least 36 human trafficking cases were reported in the Yellowhammer State in 2017. They also report more than 111 victims of human trafficking in Alabama have called its hotline for help this year. Under the new law, a person commits the crime of human trafficking in the first degree if: He or she knowingly subjects another person to labor servitude or sexual servitude through use of coercion or deception. He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude. For purposes of this section, it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section. A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony. Human trafficking in the first degree would be a Class A felony. Under the new law, a person commits the crime of human trafficking in the second degree if: A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude. A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude. A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony.
Mack Butler qualifies for State Senate, announces early endorsements
Rainbow City-Republican and State Rep. Mack Butler qualified Monday with the state GOP to run in the Republican Primary for Senate District 10. “Our community has been blessed for the past seven years to have conservative leadership in the Alabama Senate,” said Butler. “Because I’ve been encouraged by so many people and there’s so much work to do in Montgomery, I have decided to enter this race to give the people of Etowah, Cherokee and DeKalb counties the small government, pro-liberty representation in Montgomery that they want.” Butler’s campaign is off to a quick start with endorsements, including one from Rainbow City-Republican State Sen. Phil Williams who has decided not to seek re-election and whom Butler is hoping to succeed. He’s also been endorsed by Senate Pro-Tem Del Marsh, Alabama Citizens for Life, House Speaker Mac McCutcheon, Majority Leader Nathaniel Ledbetter, Commissioner of Agriculture and Industry John McMillan, Alabama Forestry Association, Home Builders Association of Alabama, SubAla (Subcontractors Association of Alabama), “Mack Butler is a man of high character and a leader who puts people first. He will be a listener and one who gets things done in Montgomery,” Williams said, endorsing Butler. Butler said he was encouraged by Williams’ endorsement. “Phil Williams is my friend, my ally, and a conservative beacon in this state,” Butler said. “I am honored that he was one of the first to encourage me to take this next step.” One of the many reasons Butler has amassed so many endorsements is the fact he has such a long resume of service to the state. Prior to serving in the Alabama House of Representatives, Butler served on the Etowah County Board of Education. He believes his history as a school board member fits into his goals as a state Senator. “We need to do what we can to make the most impact in our classrooms,” he said. “I’m interested in hearing from those on the front lines – in the classroom. There are amazing things happening in classrooms all over this district. But I can say this. We spend too much time and money on buildings and people far away from the classroom. We need to get back to what works best: equipping our teachers, not bureaucrats.” He is widely recognized as one of the House of Representatives’ most conservative members having sponsored the Memorial Preservation Act, which became law this past session and protects our historical structures from removal. He also sponsored the recently enacted assisted suicide ban and carried pro-Second Amendment legislation to reaffirm citizens’ right to bear arms. “I believe in the Constitution and I believe in the rights that we’ve been given by our Creator,” stated Butler. “I will continue to fight every day for the people to preserve those rights. We all want to hand over a better state and a better nation to our children than the one our parents’ handed over to us. For too long, government has been the problem. We need to return liberty to the people.“ A reserve deputy with the Etowah County Sheriff’s Department since 2006, and APOSTC Certified, Butler also has a long history of supporting law enforcement. “One of the main duties of government is to keep our streets safe,” he said. “I am committed to working hand in hand with those who put themselves in harm’s way to protect us.” Mack has also been a small business owner for over 33 years. He owns an electrical contracting business in Etowah County, giving him unique insight on the difficulties of owning a small business and how burdensome government regulation and high taxes have hurt Alabama’s economy and small businesses. During his time in the Alabama House, Mack has consistently been on the front lines for lower taxes and less regulation on Alabama’s small businesses. Butler is married to the former Connie Panell, also a native of Gadsden, Ala. They have four children and attend Whorton Bend Baptist Church.
Cam Ward introduces bill to increase penalties for human trafficking
An Alabama state senator introduced a bill on Tuesday to enhance the criminal penalties for obstructing the enforcement of the human trafficking laws in Alabama. Alabaster-Republican State Sen. Cam Ward introduced SB179, which was cosponsored by Tom Whatley (R-Auburn) and Gerald Dial (R-Lineville). According to the Federal Bureau of Investigation (FBI), human trafficking is believed to be the third-largest criminal activity in the world. “It is a form of human slavery which must be addressed at the interagency level. Human trafficking includes forced labor, domestic servitude, and commercial sex trafficking.” “This awful crime preys predominately on children,” Ward tweeted of the bill on Wednesday. While many Alabamians are unaware of its ongoings, sex trafficking is actively happening not only abroad, but also in Alabama. According to the National Human Trafficking Hotline at least 36 human trafficking cases were reported in the Yellowhammer State in 2017. They also report more than 111 victims of human trafficking in Alabama have called its hotline for help this year. In fact, the stretch of I-20 between Atlanta and Birmingham is known as the Sex Trafficking Superhighway. “It cuts right there through downtown Birmingham, and what we’re finding, unfortunately with the interstate system that you and I use to get from Birmingham to Montgomery — is that people are using it to bring in girls, for example, for a short period of time. Buyers are available, and then they leave,” David Pinkleton, fundraising chair for the Alabama Human Trafficking Task Force told CBS 42 last year. Under existing law, human trafficking is a crime. Additionally, obstruction of the enforcement of the laws criminalizing human trafficking is a crime. Under the proposed law, a person commits the crime of human trafficking in the first degree if: He or she knowingly subjects another person to labor servitude or sexual servitude through use of coercion or deception. He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude. For purposes of this section, it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section. A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony. Human trafficking in the first degree would be a Class A felony. Under the bill if a person commits the crime of human trafficking in the second degree if: A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude. A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude. A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person’s employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony. Rainbow City-Republican State Representative Mack Butler is expected to sponsor a similar bill in the House.
Alabama governor signs pro-life bills into law
Alabama Governor Robert Bentley signed two pro-life bills into law Thursday, one of which could wind up closing multiple abortion clinics in the state. The first, sponsored by Republican Senator Paul Sanford, bans abortion clinics from within 2,000 feet of any K-8 public school. “It’s a real milestone not only in Alabama but across the country because, to our knowledge, this is the first time this approach has been used,” said Reverend James Henderson, an Alabama pro-life activist. “And now that it’s successful in Alabama, we believe it will be a template or pattern for other states in the future to follow with the strong prospect of it holding up in federal court.” Henderson believes proponents of the ban have a good chance of fighting off challenges to the law in court. He added that groups like the ACLU, who promised to fight the measure, will be “exposed” for “what they are as far as their pattern of standing against basic morality and Christian values.” The second bill signed by the governor, with little fanfare, is the “Unborn Child Protection from Dismemberment Abortion Act,” sponsored by Rainbow City Republicans Sen. Phil Williams and Rep. Mack Butler. The new law prohibits dilation and evacuation “D&E” abortions, which account for approximately 95 percent of all abortions in the second trimester. The new law allows exceptions only in the event of a “serious health risk to the mother.” “Dismemberment abortions are a heinous practice, and I am glad the Alabama Senate has taken this step to promote and protect a culture of life by outlawing these procedures,” Williams said following the bill’s passage in the Senate. “The abortion of unborn children through violent dismemberment is something all right-thinking Americans should condemn.” “Eagle Forum of Alabama is proud to stand with the women who have been harmed physically and emotionally by dismemberment abortions and the children whose lives are destroyed by this practice,” Eagle Forum of Alabama Executive Director Deborah Love told Alabama Today. “We are proud to stand for fundamental human rights. All of the world’s major religions, as well as a secular ethic informed by science or humanism, reject inflicting harm on innocent human beings. Respecting fundamental human rights is foundational to being human. It is what unites all human beings.” Alabama is the fifth state to ban dismemberment abortion, joining Kansas, Oklahoma, West Virginia, and Mississippi.
