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
Alabama Senate Committee amends ARPA funding bill
The Alabama Senate Finance and Taxation General Fund Committee met on Wednesday morning to consider the American Rescue Plan Act appropriation bill passed by the House on Tuesday. The Committee voted to give the legislation a favorable report but only after amending how the sewer and water funds are distributed. House Bill 1 (HB1) is sponsored by State Rep. Rex Reynolds, who chairs the House Ways and Means General Fund Committee. The legislation appropriates the second $1,060,000,000 that the state received from the federal government through the controversial ARPA Act – all of which are paid for through federal deficit spending. State Sen. Greg Albritton chairs the Senate Finance and Taxation General Fund Committee. Albritton shared two documents with the members of the Committee. The first was an email from the Alabama Department of Environmental Management (ADEM) outlining where the first round of ARPA money for water and sewer projects has been allocated. “This data is also available online,” Chairman Albritton said. “The second is the MOA (Memorandum of Understanding) between the Department of Finance and ADEM on the distribution of that money.” “HB1 is the ARPA document,” Albritton said. “It passed the House 101 to 3.” Sen. Chris Elliott presented an amendment to HB1. Elliott explained that his amendment further defines the use of the water and sewer projects portion of the ARPA funds to include stormwater projects. The amendment also sets aside up to $100 million for the water and sewer projects to require matching grants of up to 35% and includes changes to the formula to factor in for growing communities. “It allows this money to be used for stormwater infrastructure,” Elliott explained. “It further stretches this money out by requiring matching grants from local communities.” $395 million of the ARPA will go to water and sewer projects. ADEM will award the projects to water and sewer systems that apply for the funds. State Sen. Linda Coleman Madison said, “I had an amendment to add, but your amendment includes that. What is the difference between the two amendments?” Albritton said, “It includes that and goes further to delineate that a portion of the money requires a 35% match.” The Elliott amendment was adopted by a 15 to 0 vote. “I know Sen Coleman Madison calls me Senator No,” said Sen. Sam Givhan. “It’s better, but it’s still not there yet.” HB received final passage by the Committee, with 12 members voting in favor and three members, including Givan, voting to abstain. The full Senate can now consider the legislation as early as Thursday. If the legislation passes the Senate with the Elliott amendment, it would have to go back to the Alabama House of Representatives for them to consider the changes. The Alabama Legislature is currently in its First Special Session. It is hoped that the body will be able to resume the 2023 Alabama Regular Session on Tuesday, March 21. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Amendment three aims to change powers of clemency of Alabama governors
Under current law, the Governor of Alabama may grant a reprieve or clemency to a prisoner who has been sentenced to death. It is common to see convicted murderers ask the Governor to commute their sentence of death to life in prison. This seldom happens, but it has happened in the past. Amendment three, which is on the ballot for the general election on November 8, would not take away the Governor’s power to grant mercy to a convicted murderer. However, if voters approve, it would require that the Governor also notify the victim’s family before granting any such clemency. Both Houses of the Alabama State Legislature approved this amendment during the 2022 Alabama Regular Legislative Session. Senate Bill 196 was sponsored by State Senator Steve Livingston and cosponsored by State Sen. Sam Givhan. Amendment three proposes, “An amendment to the Constitution of Alabama of 1901, to require the Governor to provide notice to the Attorney General and to the victim’s family prior to granting a reprieve or commutation to a person sentenced to death, and to void the reprieve or commutation if the Governor fails to provide notice.” Currently, the Governor has the power to postpone or reduce a death sentence to life in prison. This amendment will require the Governor to notify the Attorney General and the victim’s family before postponing or reducing a death sentence. Failure of the Governor to provide notice will void the Governor’s action and allow the Attorney General to seek a new execution date from the Alabama Supreme Court. If the majority of the voters vote “yes” on Amendment 3, the Governor will be required to provide notice to the Attorney General and to the victim’s family prior to postponing or reducing a death sentence to life in prison. If the majority of the voters vote “no” on Amendment 3, the Governor will not be required to provide notice. Because then Governor Fob James was hesitant to execute a woman, in 1999, he commuted the death sentence of convicted murderer Judith Ann Neeley before he left office. The family of 13-year-old Lisa Millican, who was brutally raped and murdered by Mrs. Neeley and her husband, were outraged by Gov. James’ actions. This amendment is the Legislature’s response to that decision over twenty years ago. The Alabama 1901 Constitution is the longest constitution in the country. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Seven State Senate seat races to watch
All 35 State Senate seats are up for grabs in the November 8 general election. Republicans hold a 27 to 8 margin over Democrats in the current makeup of the Alabama Senate. The Alabama Republican Party is running candidates in 29 seats. The GOP is defending all of the 27 seats they currently hold and are running candidates in two districts currently held by Democrats. Alabama Democrats are defending the eight seats they currently hold and are challenging the GOP in six districts currently held by Republicans. Libertarians currently hold no seats in the Alabama Senate but are running twelve candidates in State Senate races. There are a number of contested State Senate races on the November ballot. These are the seven races with the most chance of becoming interesting. Democrat Lisa Ward is challenging Republican incumbent State Sen. Gerald Allen in Senate District 21. Both of these candidates are well known in the Tuscaloosa area. Allen has represented the district for three terms and served in the Alabama House of Representatives before that. Ward is a former city councilwoman who is very active in the community. According to filings with the Alabama Secretary of State’s office, Allen has a $204,872.68 campaign account balance entering September, which includes August contributions of $8,250. Ward, the challenger, meanwhile raised $23,149.76 in August and has a cash balance of $31,968.94 entering September. Neither faced a primary opponent. Democrat Kim Lewis versus Republican incumbent State Sen. Tom Butler in Senate District 2. Butler has represented Madison County in the legislature for parts of five decades, but this is one of the fastest growing areas in the state, and there are thousands of new people that bring different politics with them to the area. Lewis is hoping that an increasingly purple Madison County will result in a win. Butler was pushed hard in the Republican primary by former State Sen. Bill Holtzclaw. Butler raised $44,500 in the month of August and enters September with $38,166.63. Lewis raised $7,830 in August and comes into September with $27,859.70. In Senate District 33, incumbent Democratic Sen. Vivian Figures faces Republican challenger Pete Riehm. This has been a very safe Democratic district consisting of the poorest parts of Mobile as well as Mobile County suburbs like Prichard, but redistricting meant that the new district now goes deep into Baldwin County and picked up the very prosperous and heavily Republican community of Spanish Fort. This district went from very blue to purple thanks to the legislature’s redistricting and efforts to “unpack” Black voters from majority-minority districts. Is it purple enough for a Republican to take it away from the Democrats? That is for the voters to decide on November 8. Sen. Figures raised $31,500 in the month of August to enter September with $110,497.02. Riehm had contributions of $19,577.54 in August and enters September with $60,911.31. Democrat Sherri Lewis versus Republican Jay Hovey in Senate District 27. Hovey, an Auburn City Councilman, just narrowly defeated incumbent Tom Whatley (R-Auburn) in a heavily contested GOP primary. Hovey, who has the challenge of unifying Republicans, raised $85,500 in contributions in August to enter September with a cash balance of $70,074.17. Reese meanwhile raised $1,806.20 in August to bring a total of $2,703.33 into the month of September. Senate District 23 – here, there are three candidates vying for the open seat formerly held by State Sen. Malika Sanders-Fortier, who vacated the seat in an unsuccessful bid for governor. Democrat Robert Lee Stewart narrowly defeated former State Sen. Hank Sanders in a hard-fought Democratic primary runoff in June. Stewart faces both a Republican in Michael Nimmer and a Libertarian in Portia Stephens. Stewart raised $16,987 in August to bring $17,872.84 into September. The Libertarian, Stephens, reported raising $2,060 in August to finish the month with $6,285 in cash on hand. The Republican, Nimmer, has not filed a campaign finance report. Alabama does not have general election runoffs, so when there are multiple candidates, the candidate with the most votes wins even if they got less than half of the votes. There is another three-way contest in Senate District 29. There, incumbent Republican Sen. Donnie Chesteen (R-Dothan) faces both Democrat Nathan “Nate” Mathis and Libertarian Floyd “Pete” McBroom. Matthis reported raising no money in August, but he has $5,719.36 in cash on hand. McBroom has not filed a campaign finance report with the Secretary of State’s office yet. The incumbent, Chesteen, raised $25,500 in August to enter September with $327,660.86. In Senate District 12, Republican Keith Kelley is battling Democrat David McCullars for the open seat currently held by Sen. Del Marsh. Kelley raised $29,658.24 in August and has $65,102.13 in cash on hand. McCullars only raised $265 in the month of August and entered the month of September with $4,377.15 in cash on hand. Kelley had a hard-fought Republican primary. This is a district that has given Marsh a close call in the 2014 general election. In other contested Alabama Senate races · SD3 incumbent Arthur Orr (R-Decatur) faces Libertarian Rick Chandler · SD4 incumbent Garlan Gudger (R-Cullman) faces Libertarian Jacob Marlow · SD6 incumbent Larry Stutts (R-Sheffield) faces Libertarian Kyle Richard-Garrison · SD7 incumbent Sam Givhan (R-Huntsville) faces Democrat Korey Wilson · SD15 incumbent Dan Roberts (R-Mountain Brook) faces Libertarian Michael Crump · SD17 incumbent Shay Shelnutt (R-Trussville) faces Libertarian John Fortenberry · SD24 incumbent Bobby Singleton (D-Greensboro) faces Libertarian Richard Benderson · SD25 incumbent Will Barfoot (R-Montgomery) versus Libertarian Louie Woolbright · SD28 incumbent Billy Beasley (D-Clayton) faces Libertarian David Boatwright · SD35 incumbent David Sessions (R-Grand Bay) faces Libertarian Clifton Hudson Republican incumbents Tim Melson, Greg Reed, Steve Livingston, Clay Scofield, Andrew Jones, Randy Price, April Weaver, Jabo Waggoner, Greg Albritton, Clyde Chambliss, Chris Elliott, and Jack Williams are all running unopposed. Republican newcomers Lance Bell in SD11 and Josh Carnley in SD31 are also unopposed in the general election. Democratic incumbents Rodger Smitherman, Linda Coleman-Madison, and Kirk Hatcher are all also unopposed in the general election. State Rep. Merika Coleman is unopposed in SD19, which is being vacated by the retirement of Priscilla Dunn (D-Bessemer). In 2022 Republican candidates in Alabama have received $44,321,108.97 in contributions. Political Action Committees have received $17,846,761.05. Democratic candidates have received $6,629,199.43, and all other candidates have received just $111,950.87. The general
Ed Packard expresses concern about Alabama legislature failing to pass election integrity bills
Ed Packard, Republican Party candidate for Secretary of State, expressed concern about the Alabama Legislature’s failure to pass SB46, SB249, and HB204, election integrity bills introduced in its 2022 Regular Session. Packard released the following commentary in a press release. “The Alabama Legislature’s failure to enact these three bills concerns me,” Mr. Packard exclaimed. “I understandthat the State Senate and State House had many issues of serious concern before them during the legislative sessionthat ended this past week. These bills were no different. Given the concerns of Alabama voters about electionintegrity and confidence in our election system, especially since the 2020 presidential election, it is a gravedisservice to the good people of Alabama to not pass this legislation into state law.” SB46, sponsored by state Senator Clyde Chambliss (R-Autauga, Chilton, Coosa, Elmore, and Tallapoosa Counties),would have prohibited Alabama’s electronic voting machines from being equipped with technology that wouldpermit remote connections to those ballot tabulators. The technologies banned by the bill include Wi-Fi, Ethernet,Bluetooth, Near Field Communications, and any similar technologies. “Not just since 2020, but even before that, Alabamians have been concerned with the potential for hacking ourvoting machines,” Mr. Packard explained. “Some will tell you our voting machines cannot be hacked. However,any computerized device can be hacked if a person knows how to program software or firmware and if that personhas access to the voting machines, especially the flash drives that contain the instructions for how the votingmachines count ballots.” “While our counties do a great job of physically securing our voting machines, state law does not prohibit thosevoting machines from being accessed through the Internet or other attack vectors, such as Bluetooth technology,”Mr. Packard, a 24+ year veteran of the Secretary of State’s office continued. “As a former member of the AlabamaElectronic Voting Committee, I and my colleagues on that committee voted to not approve for use in Alabama anyvoting machines that contain technology for accessing those devices remotely. Unfortunately, state law does notprohibit those technologies from being installed in our voting machines. And now, the leadership in the AlabamaHouse of Representative has signaled they are not concerned about that fact and that they are not aligned with somany Alabamians who are concerned about the security of our voting machines.” Mr. Packard noted that Senator Chambliss’ bill had cleared the Alabama Senate and came out of committee in theAlabama House of Representatives and was due for a floor vote as early as day 12 of the legislative session. Whenthe Legislature adjourned last week, the leadership of the Alabama House had not brought SB46 up for finalconsideration by that body’s members. SB249, sponsored by state Senator Sam Givhan (R-Madison County), identified new election crimes and clarifiedlanguage in the Code of Alabama regarding current election crimes. “Passage of this bill by the AlabamaLegislature would have continued the important work of rooting out election fraud and promoting and strengtheningthe confidence of Alabamians in our elections,” Mr. Packard explained. “SB249 could have been better,” Mr. Packard stated. “I encouraged Senator Givhan and other members of the stateSenate and House to amend this legislation. The legislation should have punished anyone who commits a felonyelection crime with the loss of their voting rights. Unfortunately, this legislation was postponed indefinitely in theAlabama Senate, so it was not passed in its original form or with this stern punishment for actions that undermineour representative democratic form of government.” HB204, sponsored by state Representative Tommy Hanes (R-Jackson and DeKalb Counties), would have addressedthe concerns of many Alabamians who wanted the 2020 general election in Alabama to be audited, given concernsthat have arisen nationally regarding voter fraud and malfeasance. “There is obviously a public interest in ensuring that Alabamians’ have confidence in our elections,” Mr. Packardclaimed. “Auditing elections is one process that can help maintain or strengthen voters’ confidence.” “As I have reported previously,” Mr. Packard continued, “Alabama is one of only a handful of states that does notrequire or permit audits of our elections. As I have stated during my campaign for Secretary of State, I believe thatthe Alabama Legislature should require audits for all elections.” “Unfortunately, HB204 languished in the Legislature since its introduction on February 2, 2022,” Packardobserved. “Alabamians may have varying opinions as to whether the 2020 general election should be audited orabout how that audit should be conducted. However, the appropriate legislative committees should have broughtHB204 up for consideration and let those opinions be examined in the bright light of day.” The Alabama Legislature did give final passage to HB194 sponsored by Representative Wes Allen (R-Dale and PikeCounties). The legislation is now awaiting Governor Kay Ivey’s signature. This bill prohibits state and localelection officials from soliciting, accepting, using, or disposing of certain donations from people or nongovernmentalentities for utilization in election administration in Alabama. “I agree that interest groups, including those from out of state, should not be permitted to inject money or materialgoods into Alabama elections with the intent to corruptly influence the conduct of elections in Alabama,” Mr.Packard stated. “However, I’m unsure why this legislation was given preferential treatment over the very substantiveconcerns addressed by SB46, SB249, and HB204.” “I am further concerned that Representative Allen’s bill seems to be based on the presumption that Alabama’selection officials at the state, county, and municipal levels are inclined to be corrupted by the donations prohibitedHB194,” Mr. Packard suggested. “I have worked with Alabama’s elections officials at all levels of government for29 years, with over 24 of those years while as a staff member of the Secretary of State’s office. Generally speaking,I have found Alabama’s probate judges, absentee election managers, sheriffs, and registrars, to be above reproach.”“If anyone has information or evidence that a state, county, or city election official has violated any state law thatgoverns the conduct of our elections, they should bring that information or evidence to light. They should reportthat malfeasance to the Attorney General or their local District Attorney,” Mr. Packard challenged. “If there’s bad behavior out there that needs addressed, let’s not only tighten up our laws on that
Steve Flowers: Incumbency reigns supreme in State Senate
Being an incumbent state senator in Alabama is like owning that seat. The level of re-electability odds is probably better than that of an incumbent congressman, which is about the same as being elected to a seat in the Russian Communist Politburo. Being a freshman state senator in Alabama is a more powerful position than being a freshman U.S. congressman, especially if you want to affect public policy. Many times, a 50-year old, successful person who is interested in seeking a representative role will approach me and seek my advice about running for either a state senate seat or an open congressional seat. I will quickly advise them that as a state senator, you are one of 35, and you immediately have an impact on your first year as a state senator. However, if you win a congressional seat, you are one of 435. Because of the seniority system, it will be 15 years before they know your name in Washington and 25 years before you are chairman of a committee, and then it is time to retire. In the 35-member Alabama Senate, there are 27 Republicans and 8 Democrats – a pretty supermajority for the GOP. Twenty-four of the twenty-seven senate Republicans are running for reelection. Republicans Jimmy Holley, Del Marsh, and Jim McClendon are retiring. These seats will be filled by another Republican. Therefore, when the Senate organizes next January, the 27 to 8 supermajority will remain the same. The lines are drawn to protect incumbents on both sides of the aisle. The Constitution provides the power of the pencil for legislators to draw their own legislative districts. Seventeen of the 24 Republican incumbents have no opposition in the Republican Primary. Of the seven Republican senators who drew a Republican opponent, they only got an opponent the last day of qualifying, and their opposition is token at best. All 24 Republican incumbents will be reelected. If my prognostication is correct, that is a 100% re-electability rate. There are only two GOP incumbents that were first thought to have viable opponents. Tom Whatley, at first blush, was rumored to have a race. However, polling and fundraising reveal he will win easily. The only interesting race may be in the Huntsville area, where incumbent Tom Butler is being challenged by Bill Holtzclaw, who previously served in that senate seat. The rule of incumbency also prevails on the Democratic side of the aisle. There is only one Democratic seat open. Priscilla Dunn holds the post in name only. She has never attended a senate day in Montgomery for this entire quadrennium. The Senate has, in essence, been operating with 34 senators. In actuality, the Democrats have only seven senate seats. There are 150,000 residents of Jefferson County who have had no voice or vote in the Alabama Senate for four years. There are two Democratic House members vying to fill this seat, Merrika Coleman and Louise Alexander. Ms. Coleman is favored to win this open Senate seat. The cadre of leadership on the Democratic side will return, including powers Bobby Singleton, Rodger Smitherman, and Vivian Figures. Hank Sanders will return to represent Selma and the Black Belt after a four-year sabbatical. His daughter was in the seat this last quadrennium. The entire leadership of the Republican-led Senate will return unopposed, including Greg Reed, Jabo Waggoner, Clay Scofield, Arthur Orr, Greg Albritton, Steve Livingston, Gerald Allen, and especially Clyde Chambliss. They will be joined by a superstar freshman class, who will become even more powerful. This class of leaders includes Will Barfoot, Garlan Gudger, April Weaver, Sam Givhan, Donnie Chesteen, and a trio contingency of Baldwin/Mobile senators Chris Elliott, Jack Williams, and David Sessions. Another member of this sterling class, Dan Roberts of Jefferson, has an opponent but will be reelected. The three open Republican seats and one Democratic open seat will give us some interesting senate races to follow. One of, if not the most important ingredients which creates the power of incumbency is the almighty campaign dollar. Money is the mother’s milk of politics. Most of this campaign money comes from Special Interest Political Action Committees. Ninety percent of those special interest dollars go to incumbents. Thus, over 90% of Alabama state senators are reelected. 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.
Steve Flowers: State Senate will have little turnover in 2022
2022 was anticipated to be an exciting competitive election year. However, it is going to be a yawn of a political year. If you thought there was no competition for the constitutional offices and the House of Representatives seats in next year’s elections, then you have not seen anything like the lack of turnover in the Alabama State Senate. Incumbency will prevail. In fact, the power of incumbency in the Alabama State Senate is on par with the incumbent return percentage for Congress, which is probably comparable to the Russian Communist Politburo. There are 35 state Senate seats; 27 of the 35 are held by Republicans. Out of the 27 Republican state senators, 24 are running for reelection, and all 24 probably will be reelected. Almost all of them have no opposition. The Democratic minority has just as high a reelection bar. Of the eight Democrats, seven probably will be running unopposed. The only Democrat not running will be Priscilla Dunn, who has not been to the Senate this entire four-year term. Most of the first-term State Senators have never met her. According to rumors, she is in poor health and cannot attend. The 150,000 people in Senate District 19 in Jefferson County have been without a voice or vote in the Alabama Senate for four years. The three retiring Republican State Senators are giants. Del Marsh, Jimmy Holley, and Jim McClendon’s shoes will be hard to fill. These three seats will be filled by new Republicans. The 27-8 super Republican majority will continue. State Senator Del Marsh (R-Anniston) has been a leader in the Senate for 23 years. He served as President Pro Tempore of the Senate most of that time. He ran a very effective ship of state. State Senator Jimmy Holley (R-Elba/Coffee) is an icon. He was a master of Senate rules. He also was a mentor to a good many young senators. State Senator Jim McClendon (R-St. Clair) will be sorely missed in the state senate. The gentleman from St. Clair served with honor and distinction for eight years in the State Senate and 12 years before that in the House of Representatives. This freshman class of senators has bonded and work cohesively with the veteran leaders. The Freshman Class includes Will Barfoot (R-Pike Road), Tom Butler (R-Huntsville), Sam Givhan (R-Huntsville), Dan Roberts (R-Jefferson), Garlan Gudger (R-Cullman), Randy Price (R-Lee), Donnie Chesteen (R-Geneva/Houston), David Sessions (R-Mobile), Jack Williams (R-Mobile), Chris Elliott (R-Baldwin) and Andrew Jones (R-Cherokee/Etowah). Senator April Weaver (R-Shelby/Bibb) won her seat recently when Cam Ward left to become head of Pardons and Paroles. April Weaver previously served in the House of Representatives. She is the only female GOP Senator. She has a bright future. All twelve of these new senators have done an excellent job, and all will be reelected. Ten of the twelve will probably run unopposed. There are some exceptionally talented and dedicated veterans in the Senate that will coast to reelection. Most, if not all, will be unopposed. This stellar group of legislative leaders includes President Pro Tem Greg Reed (R-Jasper/Walker), Senate Majority Leader Clay Scofield (R-Guntersville), Senator Clyde Chambliss (R-Autauga/Elmore), Senator Steve Livingston (R-Scottsboro/Jackson), Senator Shay Shelnutt (R-Jefferson), Senator Tom Whatley (R-Auburn/Lee), Senator Gerald Allen (R-Tuscaloosa), Senator Greg Albritton (R-Escambia) the Chairman of the Senate Finance General Fund, Senator Arthur Orr (R-Decatur) Chairman of Senate Finance Education, and last but certainly not least, the legendary Jabo Waggoner (R-Vestavia), who chairs the Senate Rules Committee. There will be some outstanding veteran Democrats returning to the State Senate. There are several giants, who include Senator Bobby Singleton (D-Greene), Senator Vivian Figures (D-Mobile), Senator Rodger Smitherman (D-Birmingham), and Senator Billy Beasley (D-Barbour). Senator Kirk Hatcher (D-Montgomery) is new to the senate. However, he bears watching. He is gregarious, likable, and a quick study. He will be effective for Capitol City. The senate abounds with outstanding leadership on both sides of the aisle. The lack of competition the members are garnering is a testament to their good work. This returning group of leaders could well portend for a successful future quadrennium. With this kind of experience and leadership, they will also be an independent group. They will not be a rubber stamp for the governor. 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.
John Merrill creates new bipartisan Voter Fraud Reform Task Force
Secretary of State John Merrill announced yesterday the formation of a Voter Fraud Reform Task Force. The task force will consist of 15 members, including the Secretary of State as the Chairman. The group will meet on September 30, 2021, from 10:00 a.m. to 12:00 p.m. at the Alabama State House in Room 123 on 11 South Union Street in Montgomery. The meeting will be open to the general public. Secretary Merrill stated, “We believe it is necessary to examine how we define voter fraud in our state and the penalties we assess for voter fraud violations. It is important to note that we assembled a team of respected Alabamians from diverse backgrounds and political persuasions. “If or when instances of voter fraud are identified, we want to investigate each reported case, and if it is warranted, seek an indictment and then ensure that all guilty parties are convicted after a successful prosecution. However, we believe that it is important to ensure that any individual convicted of voter fraud is punished in an appropriate way and in accordance with the Constitution, as well as state and federal laws.” Earlier this week, Sec. Merrill met with MyPillow CEO Mike Lindell. Lindell, who is currently being sued by Dominion Voting Systems, has been traveling the country in an effort to prove the 2020 election was stolen from Donald Trump by computer manipulation, Al.com reported. In a video posted online, Lindell said while Alabama is a “role model as to how elections should go,” its voting system was “hacked…just like every other state,” possibly by accessing machines remotely through Bluetooth technology. Lindell claims 100,000 votes were changed in Alabama, although he did not offer any evidence of his claims. Merrill said Lindell is expected to return to Alabama to examine the equipment and talk to probate judges. Lindell bought a copy of Alabama’s voting rolls for $30,000. For the 2020 election in Alabama, roughly 2.3 million votes were cast for Donald Trump (1,441,170) and Joe Biden (849,624). Merrill said that’s not possible, telling Al.com, “All our (voting) machines are custom-built. There’s no modem component. You can’t influence them through a cell phone or a landline. There’s no way they can be probed or numbers manipulated.” Merrill said Lindell is expected to return to Alabama to examine the equipment and talk to probate judges. Merrill posted on Twitter, “Last night I was excited to talk to Josh Marcus of The @Independent, which is a media outlet in the United Kingdom! I was happy to talk to him about our successful administration of the 2020 general election and how we continue to make it #EasyToVoteAndHardToCheat in Alabama!” Originally tweeted by John Merrill (@JohnHMerrill) on September 23, 2021. The members of the task force are Secretary of State John H. Merrill, Senator Sam Givhan (R), Senator Bobby Singleton (D), Representative Matt Simpson (R), Representative Merika Coleman (D), Bullock County Probate Judge James Tatum, Houston County Circuit Clerk Carla Woodall, Montgomery County Sheriff Derek Cunningham, District Attorney for the Fourth Judicial Circuit Michael Jackson, Reid Harris of the Attorney General’s Office, retired Circuit Judge John England, Matt Clark of the Alabama Policy Institute, Southern Poverty Law Center founder Morris Dees, Lu Rivera of Eagle Forum, and Dillon Nettles of the American Civil Liberties Union.
Steve Flowers: Gambling and budgets priority for legislature
The legislature is at the midway point of the 2021 Regular Legislative Session. They have used 15 days of their allotted 30-day legislative session. The Senate has been consumed with attempting to pass a constitutional amendment to allow Alabamians the right to vote on whether to have a state lottery along with some casino and sports betting. The legislature in and of itself cannot authorize this expansion of gambling in the state. Their only authority is to vote to place it on the ballot in order to give you the opportunity to allow the state to reap the financial windfall now only afforded the Indian Gambling Syndicate. There was a critical vote in the state Senate last week on the issue. With it being a constitutional amendment, it required 21 votes. The vote was 19 to 13 in favor, but it lacked the constitutional muster by two votes. Therefore, the measure could be resurrected. However, if it is this close in the Senate, it probably does not have the votes for passage in the House of Representatives. Polls indicate that it would be approved by a vote of the people, probably with a 70 to 30 plurality, and with a majority of Republicans voting in favor. If it is that popular with the people, you probably are asking why in the world would Senators not vote to allow you to vote on it. The devil is in the details. The majority of the casinos would go to the Creek Indian Gambling Syndicate. Some of the 24 Republican Senators balked at that almost total monopoly. Senator Del Marsh was not the right sponsor or frontman for the constitutional amendment. He is not totally trusted, especially by the 10 Democrats he has consistently run over and ignored for years while he was President Pro Tem of the Senate. Marsh is also perceived as a pawn of the Indian Gambling Syndicate. He is no longer Pro Tem, so nobody is scared of him. A setting sun sets off very little heat. He is not running for reelection for his Anniston-based district because he could not be reelected. In his last race in 2018, he spent close to $480,000 to his unknown opponent’s $15,000 and only garnered 52% of the vote. That does not portend well for reelection. Governor Kay Ivey needs to come out openly and strongly for the measure and make it her issue and her legacy. It may need to be done in a Special Session later this year. Even then, it will be a tough sell to get through the Senate and then the House. Alabama is the Heart of the Bible Belt. If Alabama is the Bible Belt, then the area of Alabama, north of Birmingham and all the way to the Tennessee line, is the buckle. There are not any casinos in North Alabama, only churches, and most of the churchgoers are Church of Christ or Baptist. They did not allow the sale of alcohol in most of these counties until a few years ago. Every state senator in that area is a Republican, and all of them voted no, including Garlan Gudger of Cullman, Sam Givhan of Huntsville, Tom Butler of Huntsville, Larry Stutts of Florence, and Clay Scofield of Sand Mountain. You can probably bet your bottom dollar that the preachers encouraged their parishioners to contact their senators on Sunday before the vote last Tuesday. You may see the legislature address a simple lottery. It may not be a glamorous event in the legislative process, however, the beginning of the most important and imperative accomplishment occurred last week when the General Fund Budget passed the Alabama House of Representatives. The House approved a $2.4 billion dollar budget shepherded by the Ways and Means Chairman Steve Clouse (R-Ozark). The budget includes a 2% raise for state employees. This raise would amount to an $867 per year raise for a state worker making the median salary of $43,346. The budget includes an increase in funding for the Bureau of Pardons and Paroles. Other agencies seeing increases in the budget are the Department of Mental Health at 6.7%, the Alabama Law Enforcement Agency will see a 7.9% increase, mostly for upgrading the state’s driver license system. Overall, the budget is 3.3% higher than last year’s, which is amazing after a year of COVID-19. It now moves on to the Senate, which more than likely will concur with few changes. Steve Flowers is Alabama’s leading political columnist. His column appears in more than 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Steve Flowers: Outstanding class of freshman state senators
Outstanding Class of Freshman State Senators The 2021 Regular Legislative Session begins next week. Over the years, I have observed some outstanding classes of freshman legislators. Some stand out more than others, and occasionally you have a very stellar class. My observation is that this freshman class of state senators is a class to remember and watch. There are two Democrats and 10 Republicans in the freshman class of state senators, who were elected and sworn into office in November of 2018. The ten-member class of Republican state senators is a sterling group and includes Sam Givhan of Huntsville, Will Barfoot of Pike Road/Montgomery, Dan Roberts of Mountain Brook/Jefferson/Shelby, Andrew Jones of Cherokee/Etowah, Garlan Gudger of Cullman, Chris Elliott of Baldwin, David Sessions and Jack Williams both of Mobile, and Randy Price of Opelika, along with veteran state senator Tom Butler who has returned as a freshman after a decade hiatus from politics. This group may stay together in the Alabama State Senate for years to come. They are wise enough to realize that being one of 35 members of the state senate is more powerful and has more effect over public policy than aspiring to Congress or a secondary statewide office – especially if you are one of the 10 Republican senators mentioned above. You are one of 25 who literally can control the mechanizations and budget of the Alabama government. The only post more powerful is governor. One of the leaders of this 10-member Republican freshman state senate class is Sam Givhan. He is witty and has dubbed the class in football recruiting terminology. According to Givan, there are seven true freshmen, Barfoot, Roberts, Gudger, Jones, Elliott, Price, and he. Two junior college transfers, Jack Williams and David Sessions, who moved from the House to the Senate, and one Red Shirt, Tom Butler. Senator Givhan is a lawyer by profession and served as chairman of the Madison County Republican Party prior to being elected to the senate. He could be considered a state senate legacy. His grandfather, the late Walter Givhan, Sr., was a legendary state senator from the Black Belt in the 1950s and 1960s. Senator Will Barfoot won his seat convincingly in 2018. He worked his Montgomery/Elmore/Crenshaw district the old-fashioned way with diligent one-on-one politicking. It paid off. He carried every box in his state senate district. He can stay in that district until the cows come home. He was actually born and raised in Pike Road before it ever dreamed of being the fastest growing town in Alabama. Will is a lawyer by profession and a dedicated family man. He and his wife, Kathy, have five children. Senator Dan Roberts of Mountain Brook is personable and honest. He has had a successful career in business and is serving in the state senate for the right reasons. Senator Andrew Jones is one of the youngest members of this class. He has tremendous potential and is doing an excellent job. Similar to Barfoot, Andrew really worked his district and knows his constituents well. Garlan Gudger is also young. He represents Cullman and a large part of northwest Alabama. He knows his folks in Cullman well. He has the potential to be a powerful senator. Cullman has produced some influential senators over the years, especially the St. John family. Senator Chris Elliott may have the most promise and ability of this group. The Baldwin County area he represents is very different from the one he grew up in. He knows the needs and problems inherent in representing the fastest growing county in the state. He was a very effective County Commissioner in Baldwin County prior to ascending to the senate. Senator David Sessions of Grand Bay in Mobile County was one of the most popular members of the House before moving to the Senate. He and his brother operate a successful farming business. He knows his area of Mobile County and represents it well. Senator Jack Williams of Mobile is quietly effective. He is unassuming and maybe the most successful businesswise of this illustrious group of freshmen. Senator Randy Price of Opelika/Lee County represents a sprawling East Alabama district. He is a former Lee County Commissioner. His wife, Oline, is the Revenue Commissioner of Lee County. Senator Tom Butler from Huntsville is the red shirt member of this class. Tom served for decades in the legislature during the 1980s and 1990s. We served together in the legislature during that era. I have never served with a more diligent and respected member. Tom is a pharmacist by profession and has not aged much over the years. He looks the same as when we were freshmen together in 1982. This group of senators is not only outstanding, they are also affable and congenial. 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.
