Birmingham: judge rules that councilwoman is legally holding office

The Birmingham News reports: A Jefferson County Judge this afternoon dismissed a lawsuit claiming Birmingham City Councilwoman Valerie Abbott was serving illegally because she works for a utility.

In his lawsuit filed in October 2009, Paul Latino asked the judge to remove Abbott from office and reimburse him for any taxes he paid that went toward her salary. At issue was Abbott's full-time job at AT&T. Latino's lawyers said her employment with the utility violates portions of the Mayor/Council Act and the Alabama Code.

In addition, the suit cited a section in the State Code as well as Section 8.06 of the Mayor Council Act, which prohibits a council member from working for a utility while in office. ...

Abbott called criticism about her employment misguided. Although she works at AT&T, she officially works for BellSouth Affiliate Services Corp., a spin-off company from the utility that does not provide phone service or is a regulated utility. In his ruling, Judge William Noble agreed with Abbott's defense . -- Read the whole story --> Jefferson County judge tosses suit arguing Birmingham Councilwoman Valerie Abbott serves illegally | al.com

Montgomery Co, Ala: GOP push poll upsetting the Dem candidate

The Montgomery Advertiser reports: A contender for a local seat in the Alabama House of Represen­tatives is up in arms about a poll run by Republicans in his dis­trict that he said inaccurately tells people he defended corrupt politicians and sued local busi­nesses as an attorney.

Democrat Joe Hubbard is challenging Republican state Rep. David Grimes for the Dis­trict 73 seat.

Hubbard has voiced his con­cerns that the question asking if people would be more or less likely to support him if they knew "Joe Hubbard is a lawyer who has sued local businesses and has defended many corrupt Montgomery politicians."

Hubbard said he has never represented Montgomery pub­lic officials or sued local busi­nesses. He considers it a push poll -- a type of poll that, instead of being done to obtain opinions, asks loaded and unfounded questions that contain negative information about a candidate in an attempt to influence vot­ers. Read the whole story --> District 73 candidate upset over questions in GOP poll | montgomeryadvertiser.com | Montgomery Advertiser

Australia: how are the votes cast and counted?

ABC of Australia is predicting a hung Parliament -- meaning no party has a majority. To get the official totals go to the Australian Electoral Commission's Virtual Tally Room.

What are the mechanics of voting? For the answer to that, go to the AEC's Voting page.

Bessemer, Ala: mayoral candidate uses fake photo and endorsement; campaign manager confesses to hoax

The Birmingham News reported on 18 August: Bessemer Councilwoman Dorothy Davidson is distributing a flier for her mayoral campaign that includes the top photo. Davidson claims Alabama football coach Nick Saban is endorsing her campaign, but the Alabama athletics staff says no endorsement was made. Davidson acknowledged Tuesday night a photo shown below of Saban and his wife, Terry, from 2007 was altered to include her.

For a political hopeful in Alabama, it could be the ultimate endorsement -- a show of support from University of Alabama football coach Nick Saban.

Bessemer Councilwoman Dorothy Davidson, who is running for mayor of the city, claims she secured Saban's endorsement of her campaign three weeks ago. Davidson printed it on a color campaign flier that shows her and the coach smiling side by side on a golf course.

But University of Alabama athletics officials on Tuesday said there is no such endorsement. And the photo of Davidson and Saban together is not real, but digitally altered from another photo. ...

Davidson, when contacted about the campaign ad and photo on Tuesday afternoon, at first said the image of her and Saban together was real and taken about three weeks ago. However, when presented later with a 2007 photo of Saban and his wife that appears to be the base photo onto which Davidson's image was added, the candidate acknowledged that her image was digitally added to the 2007 photo. Read the whole story --> Bessemer mayoral candidate Dorothy Davidson claims Nick Saban endorsement, passing out fliers with altered photo | al.com

And on 19 August: The man who has been managing Bessemer Councilwoman Dorothy Davidson's campaign for mayor this afternoon said he tricked Davidson into believing she had an endorsement from University of Alabama football coach Nick Saban.

Kevin Morris, 35, said he is responsible for the campaign flier that features a digitally altered picture of Davidson and Saban and touts an endorsement by the coach.

Morris said he told Davidson the photo of the coach and his wife, Terry, was actually of Saban and his mother. He said he told Davidson that Saban had OK'd the altering of the photograph.

"I lied," Morris said. "She (Davidson) didn't do anything wrong." -- Read the whole story --> http://blog.al.com/spotnews/2010/08/bessemer_mayoral_candidates_ca.html

RNC changes the presidential primary calendar

Hotline On Call reports: The RNC has approved a resolution making dramatic changes to the way the GOP picks a presidential nominee, moving primaries to later dates and requiring states to allocate their delegates on a proportional basis.

The proposal will move the earliest nominating contests -- in IA, NH, SC and NV -- back from early Jan. to Feb. It will also require states that hold nominating contests in March to award delegates based on the proportion of votes candidates win, eliminating the prospect of an early winner-take-all state that would effectively end the nominating process.

Proponents said the measure would avoid the calamity of a national primary. Already, nearly 40 states have primaries scheduled for the first possible day in the nominating calendar. ...

In practice, the new rules will require GOP WH candidates to place more emphasis on grassroots organizing. Candidates will have to build their campaigns in dozens of states, rather than focusing solely on raising money for TV ads. What's more, primaries won't be held so close to the winter holidays. Read the whole story --> RNC Passes Calendar Reform - Hotline On Call

Lauderdale County: referendum on separate commission chair and probate judge

The Times Daily reports: Lauderdale County voters will decide in November if they want to separate the commission chairmanship from the probate judge.

Florence attorney Chris Smith, counsel for the Lauderdale County Commission, said he received written approval from the U.S. Justice Department. ...

A bill, allowing the public to vote on the issue, was introduced by state Rep. Mike Curtis, D-Greenhill, during the 2010 legislative session.

County officials said the ballot will prompt voters to decide if they want two people to handle the positions. Read the whole story --> Voters to decide on chair, probate judge separation | TimesDaily.com | The Times Daily | Florence, AL

Alabama: black voters file Section 5 case over Gov. Riley cancelling their votes (complaint attached)

The Tuscaloosa News reports: Local politicians in Greene and Macon counties have joined to file a federal lawsuit claiming that Gov. Bob Riley's bingo raids are perpetuating racial injustice by thwarting the intent of black voters.

The suit, filed Thursday, was intended to reopen Greenetrack and avoid a raid at Victory-Land in Macon County. The raid appears imminent after the state Supreme Court on Friday gave the governor's anti-gambling task force a green light.

Voting rights lawyer Ed Still is one of several attorneys who filed the lawsuit over the June raid and confiscation of more than 800 bingo machines from the Greenetrack bingo casino in Greene County.

Still said on Friday that Riley never got clearance from the U.S. Justice Department to take action against Greene and Macon counties, which have local constitutional amendments approved by voters authorizing bingo.

The lawsuit's premise is simple: Riley's actions reversed voter intentions in both counties, effectively canceling their votes. Read the whole story --> Suit claims bingo raids thwart black voters | TuscaloosaNews.com

Johnson v. Riley (Voting Rights Act Complaint)

Alabama's judicial campaign finance law unenforced for 15 years

The Birmingham News reports: A 15-year-old state law meant to discourage big­-dollar donations to judicial cam­paigns has never been enforced, and each of the three branches of government in Montgomery blames another for the failure.

The attorney general says the state court system is supposed to come up with rules for enforce­ment; the state court system says the law first needs the blessing of the U.S. Justice Department, which the AG's office has not sought; and a legislative sponsor of the law says he'd be happy to rewrite it if someone would tell him what's wrong with it.

"Only the combined forces of the three branches of government could create such a confusing situ­ation," said Mark White, a Bir­mingham lawyer who led the 1996 review of the law and found sev­eral problems that make it hard to enforce.

A federal lawsuit filed last week asks that the law be formally blocked until the Justice Depart­ment can review it, contending that, as the situation stands now, the law could be haphazardly en­forced. Read the whole story --> Alabama judicial campaigns law unenforced for 15 years | al.com

Alabama needs instant-runoff voting

Alec Slatky begins his op-ed in the Birmingham News: The contentious Republican runoff for governor between Bradley Byrne and Robert Bentley has many Alabama political leaders thinking about possible reforms to the election process. Wary of an influx of Democratic voters who might decide the nomination contrarily to the preferences of the Republican Party and its members, GOP officials considered instituting a cross-over rule -- the Alabama Democratic Party already has one -- that would ban anyone who voted on a Democratic ballot in the primary from opting for a Republican ballot in the runoff.

The timing was too close for any changes to be made, and Bentley ended up winning by a 56-44 percent margin. But one potential reform for future primaries could resolve many problems with the status quo: instant runoff voting.

Instant runoff voting is designed to simulate a runoff election, but without the drawbacks of runoffs: low voter turnout, high cost to taxpayers, negative campaigning and potential for the lack of a crossover rule to lead to unrepresentative party nominees. It's been adopted to replace two rounds of voting in such cities as Oakland, Minneapolis and Memphis; has a long record of use in elections in dozens of major associations; and is used for overseas voters in Arkansas, Louisiana and South Carolina.

Voters rank candidates in order of preference, and if no candidate reaches the required threshold -- 50 percent in Alabama -- the top two candidates advance to a runoff, which can be held instantly. Ballots cast for the eliminated candidates are added to the totals of the runoff candidates based on whichever runoff candidate is ranked next on the ballot. That's it -- no need for a second election. Read the whole piece --> MY VIEW: True voting reform tops crossover rule | al.com

Alabama: suit filed to block enforcement of law on campaign contributions

The Birmingham News reports: A 15-year-old Alabama law that says judges should not hear cases in which one of the parties donated at least $2,000 to their campaigns has never been enforced, locked in a stalemate over whether it first needs to be reviewed by the U.S. Department of Justice for evidence that it would not disenfranchise minorities.

A lawsuit filed this week in Washington by an Anniston City Council member tries to settle the question, but it also raises more questions about how an act of the Alabama Legislature can essentially be ignored for so long.

The 1995 law says that a circuit judge who received at least $2,000 from one of the people involved in the case -- or $4,000 for an appellate judge -- must recuse himself in order to avoid the "appearance of impropriety."

Soon after it was passed, the Alabama attorney general's office submitted the law to the Department of Justice, which normally reviews all changes to Alabama's election laws under Section 5 of the Voting Rights Act. But before the Justice Department could make a decision, the attorney general at the time, Jeff Sessions, withdrew the request for review and notified Washington that the state would enforce the new law and that it didn't need preclearance from the DOJ. -- Read the whole story --> Lawsuit seeks Justice Department review of unenforced 15-year-old state law | al.com

A copy of the complaint is shown below:

Little v. King Complaint

Alabama: ADC files judicial-inquiry complaint against circuit judge over campaign flyer

The Montgomery Advertiser reports: The Alabama Democratic Conference has filed a complaint against Circuit Court Judge Patricia Warner over what the organization's chairman said are questionable and misleading campaign tactics.

Joe Reed, chairman of the ADC, has filed a complaint with the Judicial Inquiry Commission, alleging that a campaign flier produced by Warner as part of her re-election campaign improperly implied the state organization had endorsed her.

Reed said the action was a violation of the state's fair campaign practices law and the Alabama Canons of Judicial Ethics. ...

A complaint to the Judicial Inquiry Commission is serious business. The commission's mandated function is to investigate allegations of misconduct in office, violations of the Canons of Judicial Ethics or of disability made against any judge of the court, according to a document of the state Records Commission. -- Read the whole article --> ADC files complaint against judge over ad | montgomeryadvertiser.com | Montgomery Advertiser

Alabama: election-reporting system tested in runoff, to be ready for general election

The Mobile Press Register reports: Elections officials have announced plans to launch a rapid new online vote reporting-system statewide for November's elections, following a largely successful test during Tuesday's primary runoffs.

The Election Night Reporting system is billed by the Secretary of State's Office as a way to bring Alabama elections "into the 21st century." It is expected to offer voting results, turnout information and possibly precinct-by-precinct data, all online and updated regularly through the night after polls close. ...

On Tuesday, election officials sought to test the system in Alabama's four largest counties: Mobile, Montgomery, Jefferson and Madison.

Apparently, the night's biggest difficulty came from the county in which the Secretary of State's Office is located. "Unfortunately, we weren't able to participate," said Trey Granger, director of elections for Montgomery County. "Our Internet went down." -- Read the entire story --> New Alabama election system to show statewide results online | al.com

Autauga Co: DA finds no multiple voting occurred

The Montgomery Advertiser reports: District At­torney Randall Houston has for­warded his report about poten­tial voting irregularities during Autauga County's June 1 prima­ry elections to the secretary of state's office.

The issue came to light when a voter's name appeared on the list of those having cast absen­tee ballots when the person did not vote absentee. The Autauga County board of registrars made a complaint to the district attor­ney's office, alleging that voter had cast three votes in the pri­mary, Houston said.

"My office has determined that there was no indication of voter fraud in Autauga County, and there was only one vote cast by the person who was alleged to have voted several times," Houston wrote in a letter accom­panying the report. "However, it appears there was an error with the computer system which monitors absentee voting. There are three possible scenar­ios as to what might have oc­curred in the Autauga County primary and they include: un­lawful human intervention, simple human error, or a mal­function in the computer soft­ware."

Houston wrote that the secre­tary of state's office is best equipped to determine if any problems with the computer system exist. -- Read the whole story --> Autauga County report on voting irregularities sent to secretary of state's office | montgomeryadvertiser.com | Montgomery Advertiser

Alabama: editorial warns GOP about crossover voting (or closing the barn door after ...)

The Huntsville Times editorializes: Be careful what you ask for. It may not be what you really want.

Alabama Republicans need to ask themselves what they really want in the wake of Tuesday's GOP gubernatorial runoff between Bradley Byrne and Robert Bentley that drew lots of Democrats.

Such crossover voting is prohibited by Alabama Democratic Party rules. Republicans have no such ban in primary runoffs.

The state has come full circle on this.

Several election cycles ago, Republicans were the ones "crossing over" to vote in the Democratic gubernatorial runoff. -- Read the whole editorial --> EDITORIAL: Political parties and election rules | al.com

Alabama: winning candidate withdraws because of campaign-finance violation

The Cullman Times reports: With the shadow of an election violation hanging over his campaign, Jerry Parker captured the most votes in the Republican runoff Tuesday. But in a dramatic turn moments after the totals were announced, he declined to accept the party's nomination.

Parker said he had learned from the state attorney general's office that his failure to file a portion of his campaign financing papers on time could not be overlooked or amended. ...

I told you in the beginning I was no politician. I will stand on my principles; I take full responsibility for my actions. This is my fault and my fault alone. Unlike others, I will not cost the county I love so dearly one cent by fighting a lawsuit I can’t win.

“I want to see the Republican Party get on with the business of running my party, the party of Reagan. Therefore, I cannot and will not accept the Republican Party’s nomination for associate commissioner. God bless America and God bless Cullman County,” Parker finished. -- Read the whole story --> Commission shocker » Top News » CullmanTimes.com, Cullman, Alabama

Alabama: candidate may face criminal prosecution

The Troy Messenger reports: Pike County District Attorney Gary McAliley said further legal action will be taken against former commissioner Karen Berry "one way or another." ...

Berry was removed from office in October 2009 when a Pike County Circuit Court ruling deemed she won the November 2008 illegally. The case was brought by her opponent now commissioner Oren Fannin who had lost by just six votes. Judge Joel Holley, who ruled in the case, declared that 10 votes cast for Berry were done so illegally.

Also during the course of the trial, allegations of potential voter fraud and perjury were brought forth. At one point Holley declared in court: "Someone here today has committed perjury." Read the whole story --> Troy Messenger | McAliley: Berry to be prosecuted

Alabama: bingo and voting rights linked

The Tuscaloosa News reports: The chairman of the Alabama Black Legislative Caucus said today he wants to file a federal voting rights complaint over the raid by Gov. Bob Riley's gambling task force at the Greenetrack bingo casino.

State Rep. John Rogers, D-Birmingham, said the raid of Greenetrack and removal of bingo machines unilaterally nullifies the vote of Greene County residents who approved a constitutional amendment authorizing bingo. ...

Rogers noted that the Greene County amendment approved by voters in 2003 contains the term “electronic.” Riley considers electronic bingo machines illegal.

Amendment 743, which was declared ratified in June 2004 defines bingo as: “That specific kind of game commonly known as bingo in which prizes are awarded on the basis of designated numbers or symbols on a card or electronic marking machine conforming to numbers or symbols selected at random.” Read the whole story --> State legislator wants to file voting rights complaint | TuscaloosaNews.com

Alabama: legislator will appeal election contest loss

The Montgomery Advertiser reports: After a subcommittee of the Alabama Democratic Party ruled against putting state Rep. James Thomas into a runoff with the man who beat him in the primary, the legislator's at­torney filed an appeal with the party. ...

Thomas, D-Selma, currently represents District 69, which includes all or part of Autauga, Dallas, Lowndes and Wilcox counties. He was elected in 1982.

Political newcomer David Colston won the June 1 prima­ry by 120 votes with 51 percent of the vote, enough to avoid a runoff. Thomas finished with 32 percent.

Thomas and his attorney ex­pressed concerns about the number of absentee ballots and about one precinct in which voters were supposed to re­ceive different ballots depend­ing on their district, according to Sabel, but 302 people in one precinct did not receive the bal­lot that should have included District 69. Read the whole story --> Legislator to appeal Democrats' decision to deny runoff in District 69 | montgomeryadvertiser.com | Montgomery Advertiser

Alabama: absentee voter fraud investigated

The Montgomery Advertiser reports: District Attorney Randall Houston is investigating possible voting improprieties in Autauga County after someone allegedly gained improper access to the circuit clerk's computer.

At issue is a vote cast in the name of a Prattville man. His name wasn't on the list of final absentee voters Circuit Clerk Whit Moncrief produced the night before the primary election. After the election, the man's name was on the list as having voted absentee.

Houston said he is confident the veracity of the countywide vote tally hasn't been compromised. Autauga County is a strong Republican county, and news of the recount of the GOP nomination for governor has been front page news for the past two weeks. Local elections officials completed their recount in the governor's race Tuesday. Read the whole story --> Officials investigate possible voter fraud in Autauga County | montgomeryadvertiser.com | Montgomery Advertiser

New York: Port Chester's use of CV results in first election of black and Hispanic to city government

The Washington Post reports: The court-ordered election that allowed residents of one New York town to flip the lever six times for one candidate - and produced a Hispanic winner - could expand to other towns where minorities complain their voices aren't being heard.

But first, interested parties will want to take a look at the exit surveys.

The unusual election was imposed on Port Chester after a federal judge determined that Hispanics were being treated unfairly. ...

Voters also elected a black trustee for the first time: Joseph Kenner, a Republican who was already on the board as an appointee. Read the whole article --> Vote system that elected NY Hispanic could expand

Utah: crossover primary voting discussed, promoted, derided

The New York Times reports from Utah: So-called tactical voting in open primaries, here and elsewhere, is a perennial possibility that mostly fizzles come Election Day, voting experts say. And some people in both parties are convinced that will happen again here.

Mr. Wimmer, for example, who initially floated the idea of Republicans voting for Ms. Wright on his Facebook page last month, later withdrew the post and denounced the idea. A spokesman for the Utah Tea Party movement, David Kirkham, also said the group was opposed to members voting in the Democratic primary. ...

Ms. Wright, while making no bones that she would like to earn some conservative votes, said that the race would be won or lost in the Democratic base, and that she had a county-by-county strategy to pull off an underdog victory.

But whispers and hints, measures and countermeasures, have nonetheless become a subtext of the campaign for both candidates. Read the whole story --> Political Memo - In Open Primary, Fear of Party Crashing - NYTimes.com

Alabama: Republican primary challenge based on campaign disclosures

The Atmore Advance reports: A state Republican committee will meet Wednesday to review a primary election challenge from Jeff Peacock, who lost the state Senate District 22 primary to Danny Joyner.

And according to state elections officials, there is little precedent on the issue involved in the challenge beyond what is in the state's Fair Campaign Practices Act.

Peacock, an Atmore businessman and chairman of the Escambia County Republican Party, alleges that Joyner did not file proper financial disclosure forms with the secretary of state's office. Joyner has denied the allegations. ...

According to the Fair Campaign Practices Act, the Alabama Secretary of State's office requires all candidates running for state senate to file paperwork should contributions including in-kind donations and expenditures of $10,000 or more. Peacock believes Joyner's spending exceeded that threshold, which prompted him to contest his June 1 primary loss this week, which has him losing to the Brewton businessman 4,979 to 4,761. Read the whole story --> The Atmore Advance » Peacock challenge leads to hearing

Alabama: Republicans complaining about 'strict construction' of recount law

Republican Party Chairman Mike Hubbard called the opinion by Attorney General Troy King "ridiculous." Tim James, knocked out of the runoff by that opinion, said it was "absurd on its face."

It certainly is ridiculous to have a contest about who should be in a runoff after the runoff is over, but the fault lies in the way the Legislature wrote the law, not the way Troy King interpreted it. Ala. Code § 17-13-78 begins, "Any elector of a party desiring to contest the nomination by his or her party of any candidate declared the nominee ...." At this point, is there a Republican nominee for governor? No. But James and Hubbard want a [sensitive readers will want to avert their eyes] liberal interpretation that would allow an election contest now -- before there is a "nominee."

Monday is Flag Day

Alabama: AG throws Tim James out of the runoff

The Alabama Attorney General has released an opinion in answer to several questions by the Secretary of State regarding the recount requested by Tim James -- the number 3 candidate (by 167 votes) in the race for the GOP nomination for Governor. James hoped a recount would put him in the number 2 spot and thus in the runoff.

Attorney General Troy King dashed those hopes this afternoon with an opinion explaining that James could ask for a recount, but he could not contest the results of the first primary until after the second primary and the declaration of the nominee for Governor.

The opinion was based in part on the 2009 case, Smith v. Burkhalter, in which the Alabama Supreme Court held that a contest could not be filed in a municipal election until someone was declared elected. Since Alabama's municipal elections use runoffs, like partisan primaries do, the analogous treatment of the two types of contests makes sense.

James reacted to this development by saying the opinion was "absurd on its face. Troy King ought to be ashamed of himself. Under the best case scenario he is a very very bad lawyer."

I'll let you read the opinion for yourself. It seems clear to me. [Pause] Does it to you?