Lobbyist faces hearing for being "disrespectful"

The Montgomery Advertiser reports: In what the chairman of the House Rules Committee called a "precedent-setting" event, the Legislature may take action against a longtime Montgomery lobbyist over alleged disrespectful remarks she made Wednesday about a Montgomery representative. ...

The Joint Rules Committee of the House and Senate is scheduled to meet Wednesday afternoon to determine whether [ lobbyist Claire] Austin "violated the joint rules of the House and Senate during a meeting of the House Economic Development and Tourism Committee on April 18, 2012," according to a letter sent to members of the committees Thursday. ...

The incident involved Austin and Rep. Joe Hubbard, D-Montgomery. Austin did not return messages left at her office Friday afternoon, and Hubbard declined comment on the incident Friday. ...

[Rep. Blaine] Galliher said it was "insinuated" that Rule 27 of the Joint Rules of the Alabama Legislature had been broken. The rule, which covers the "obligations of a lobbyist," says lobbyists "shall uphold the honor of the legislative process by the integrity of his or her relationship with legislators." -- Read the whole story --> Lobbyist faces ?precedent-setting? hearing over alleged conduct | The Montgomery Advertiser | montgomeryadvertiser.com

"Alabama must allow minor parties on ballot"

Richard Rutledge writes in an op-ed in the Birmingham News: On June 1, 2011, Alabama House Bill 425 was signed into law by Gov. Robert Bentley. The law moved the Alabama primary date from June to the second Tuesday in March.

The change also moved the petition deadline for newly qualifying parties and nonpresidential independent candidates to the same date. The new law effectively made qualifying as a non-Republican or non-Democrat in 2012 much harder in a state that already ranks dead last in many categories pertaining to ballot access.

The bottom line: If you wish to run as an independent presidential candidate in Alabama in 2012 under this new law, you have to produce just 5,000 signatures on a petition by Aug. 30 to qualify. However, if you choose to run for president under the banner of a minor party or for any state office on anything other than the GOP or Democratic Party ticket, you must produce a whopping 45,000 signatures of registered voters in this state by the primary date.

This is simply unacceptable and must be challenged. -- Read the whole column --> MY VIEW, Richard Rutledge: Alabama must allow minor parties on ballot | al.com

Madison Co judges endorse a judicial candidate

The Huntsville Times reports: The Republican Madison County District Court Judge race heated up the generally quiet runoff campaign season after five sitting local judges offered a rare endorsement of a candidate, Huntsville attorney Chris Messervy.

Messervy's opponent, Huntsville attorney Linda Coats, was the top vote-getter in the March 13 primary, winning 48 percent of the vote.

Coats, 44, a veteran GOP official and volunteer, questioned the judges' endorsements and called them "divisive to the party" during a candidate forum Saturday at the Madison County Republican Men's Club breakfast. ...

It is rare for sitting judges to endorse candidates. Alabama's ethics rules for judges say they are allowed to engage in political campaigns, but only in judicial races. -- Read the whole story --> Madison County District Court judge race features rare endorsements by local sitting judges | al.com

Ethics law cutting into baseball ticket sales

The Montgomery Advertiser reports: As baseball season arrives in Montgomery, there is still a business buzz about the Biscuits, but fewer businesses are treating customers to games at Riverwalk Stadium because they are afraid of violating Alabama's ethics law.

State legislators blame misinterpretation of the law for the perception that businesses could be targeted for giving sports tickets to public employees, like teachers and state workers. Sen. Cam Ward, R-Alabaster, said the resulting uproar is an example of "legislating a problem that didn't exist before."

It's a situation that has frustrated people such as Realtor Sandra Nickel, who planned to offer Biscuits tickets to customers as "thank you gifts."

"We had to be extremely careful what we did last year with the tickets because of this crazy new law," Nickel said. "This is the state capital. We have a lot of state employees as clients. We have county and city employees as clients, military employees, federal employees -- and the idea that maybe it will get us or them in trouble is a little scary."-- Read the whole story --> Ethics law curveball | The Montgomery Advertiser | montgomeryadvertiser.com

How much will one delegate recount cost?

The Birmingham News reports: Jefferson County Presiding Court Judge Scott Vowell today ordered Jefferson County to retabulate votes from the March 13 Republican presidential primary in precincts that are split between two congressional districts.

Vowell's order also states that the state Republican Party will fund the review if the state does not reimburse Jefferson County.

The order came after a lawsuit was filed Friday by the Alabama Republican Party arguing that votes 48 split precincts in Jefferson and six other counties failed to differentiate between which congressional district the presidential vote came from. ...

Probate Judge Alan King said the review could take as much as nine hours and cost as much as $12,000. It requires workers from the circuit clerk's office, the sheriff's office and the general services office, King said.
-- Read the whole article --> Jefferson County ordered to retabulate GOP presidential primary vote | al.com

Hatch Act strikes again -- this time in Baldwin County

The Mobile Press-Register reports: Scott Taylor, who cruised to victory last month in the Republican primary for a district judge position in Baldwin County, may be in violation of a Depression-era law designed to prevent federal funds from influencing elections.

The Hatch Act, named for the senator who sponsored the law in 1939, forbids federal employees from engaging in partisan political activities. It also applies to state and local government workers whose principal employment is connected to activities financed in whole or in part by the federal government.

As one of Baldwin County's 2 deputy chief assistant district attorneys, Taylor helps supervise other prosecutors there. Federal funds do not pay Taylor's salary, but a federal Project Safe Neighborhoods grant does pay a portion of the salary of at least one employee in the office. ...

Members of both parties have sponsored efforts to remove state and local government employees from Hatch Act scrutiny, and even the head of the Office of Special Counsel, Carolyn Lerner, has supported the reforms. "She believes it to be far too intrusive in state and local elections," said Ann O'Hanlon, a spokeswoman for the agency. "But for now, the Hatch Act says what it says." -- Read the whole story --> Grant to Baldwin DA's Office could put prosecutor at odds with Hatch Act | al.com

Broadcaster withdraws from race because of equal-time rule

The Gadsden Times reports: J. Holland, the Republican candidate for Etowah County Probate Judge, on Friday announced his withdrawal from the race. ...

In the release, Holland cited the Federal Communications Commission's equal-time rule, which requires broadcast stations to offer candidates seeking the same elected office 'equal access' to air time, according to the Alabama Broadcasters 2010 Political Broadcasting Guide.

Holland, a radio broadcaster with WGAD, hosts the station's "Contact" program weekdays from 6 a.m. until 9 a.m. He said complying with the law, which he called an "unjust" and "discriminatory practice," is "practically impossible for most any broadcaster to uphold and make a living." -- Read the whole story --> Holland withdraws from probate judge race | GadsdenTimes.com

"Craigslist Founder Craig Newmark Jumps Into Voting Rights Fight"

TPMMuckraker reports: Craigslist founder Craig Newmark is jumping into the voting rights fight, with his group craigconnects publishing an infographic that illustrates the surge of voting restrictions that have been enacted in states around the country in recent years. ...

"I think all Americans should be concerned about these new voter restrictions," Newmark said. "Voting is our fundamental right. If the states continue to restrict who can vote, who knows where they will stop?" -- Read the whole story --> Craigslist Founder Craig Newmark Jumps Into Voting Rights Fight | TPMMuckraker

The infographic is here
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Another write-in for Chief Justice

The Mobile Press Register reports: Mobile lawyer Ginger Broadway Poynter said she's launching a write-in campaign for chief justice of the Alabama Supreme Court. ...

There are no qualifying deadlines -- and very few requirements -- for write-in candidates, according to the Alabama Secretary of State's office. General election ballots include a space for voters to write in a candidate's name. Poynter said she's planning to ask voters to write in only her first name -- Ginger -- because it is easy to remember and is distinguishable. -- Read the whole story --> Mobile lawyer launches write-in bid for Alabama chief justice (Political Skinny) | al.com

Etowah County Democrats to fill a vacancy on ticket

The Gadsden Times reports: Etowah County Commissioner Perry Gwin said Tuesday he's withdrawn his candidacy for re-election.

Gwin, a two-term commissioner first elected to the District 2 seat in 2004, said he sent a letter to Probate Judge Bobby Junkins and Etowah County Democratic Party Chair Whitt Torbert to withdraw from the race. ...

The county's Democratic Executive Committee will select and approve a replacement to run for the office. -- Read the whole story --> Etowah commissioner Gwin withdraws candidacy | GadsdenTimes.com

A write-in candidate for Supreme Court

The Montgomery Advertiser reports: Attorney Melinda Lee Maddox, who sued a decade ago to have the Ten Commandments monument removed from the state judicial building, is launching a write-in campaign for chief justice of the Alabama Supreme Court to keep the man who had the monument placed there from returning to that position. ...

Maddox, who practices law in Mobile, said she has been a criminal defense attorney for almost 20 years and has taught constitutional law. ...

Maddox, in an email to the Advertiser, wrote that she filed paperwork Monday to name her campaign committee and filed a statement of economic interest with the Alabama Ethics Commission.

Maddox wrote that people can write in “Lynndi,” which she said is what people call her, on the ballot. -- Read the whole story --> Attorney launches write-in campaign for Ala. chief justice | The Montgomery Advertiser | montgomeryadvertiser.com

Newt got 2nd in votes, but could finish 3rd in Alabama GOP primary

The Birmingham News reports: The Republican presidential candidates have long since left Alabama, but the delegate race is not over.

Because of a close race between second- and third-place finishers Newt Gingrich and Mitt Romney and some voting precincts that are split between congressional districts, Alabama Republicans still aren't sure who will win one of the state's 50 delegates, said Alabama Republican Party Executive Director T.J. Maloney. ...

The GOP said its official statewide vote was Santorum with 34.55 percent; Gingrich with 29.28 percent; and Romney with 28.97 percent. So if the individual ballot analysis in those split precincts awards the last delegate to Romney instead of Gingrich, it would mean the third-place Romney would win one more Alabama delegate than second-place Gingrich, a bit of an anomaly.

Because no one candidate received more than 50 percent of the vote, Alabama's delegates were awarded proportionally, according to Republican National Committee rules. -- Read the whole story --> Alabama Campaign 2012: State's GOP delegate race for 2nd, 3rd not over | al.com

$3 million for a one-office statewide runoff

The Montgomery Advertiser reports: Twinkle Andress Cavanaugh was close to becoming the Republican nominee for president of the Public Service Commission in the March 13 primary, but she was shy of obtaining the majority of votes needed to move forward without a runoff.

Now, that runoff could cost the state more than $3 million during dire financial times. And, the turnout likely will be low with no other statewide office on the ballot, although there will be some local races.

In a comparable election four years ago, when Cavanaugh was vying for the same position and failed to secure a majority of the votes in the primary, only .04 percent of voters turned out, according to the secretary of state's office. -- Read the whole story --> PSC runoff could be costly | The Montgomery Advertiser | montgomeryadvertiser.com

Bone will not ask for a recount in judge's race

The Birmingham News reports: Lea Bone said this morning she would not seek a recount in the Republican primary for Jefferson County Circuit Court Place 13, despite only a 205-vote margin for Pat Thetford on March 13. ...

Since Thetford's and Bone's vote totals wound up within one-half of 1 percent of each other, Bone qualified to ask the Alabama Republican Party for the recount. She would have had to bear the estimated $10,000 cost. -- Read the whole story --> Lea Bone will not seek recount in Republican primary for Jefferson County Circuit Court Place 13 | al.com

Bert Jordan will not be disbarred

The Birmingham News reports: Albert Jordan won a victory today in his effort to avoid disciplinary action by the Alabama State Bar over his misdemeanor convictions for helping then-Jefferson County Sheriff Jim Woodward illegally access voters' criminal records in a contest of the 1998 sheriff's race outcome.

The Alabama Supreme Court withdrew its ruling in December that then said one of the federal crimes the Birmingham lawyer was convicted of committing was considered serious enough to be considered in bar proceedings to suspend Jordan's law license or disbar him.

Instead the court majority, including two specially appointed judges, ruled today that neither of Jordan's convictions could be considered "serious crimes" under state bar disciplinary rules. -- Read the whole story --> Birmingham lawyer's conviction over 1998 sheriff's race not enough to suspend, disbar, Alabama justices rule | al.com

Bill to raise ethics-filing threshold passes House

The Capital Bureau reports: The Alabama House today voted to exempt public employees who make less than $75,000 annually from having to file economic disclosure forms with the Alabama Ethics Commission, a move that commission Director Jim Sumner called "long overdue."

Under current ethics laws, the salary threshold for public employees to avoid filing statements of economic interest is $50,000. ...

Sumner said his office receives about 60,000 economic disclosure forms currently, and that figure could drop by about one third should House Bill 136 pass the Senate and be signed into law by the governor. That would ease the burden on ethics staff, he said.

People who have authority to spend money and make hiring decisions must file statements of economic interest regardless of salary. -- Read the whole story --> House votes to raise income threshold for ethics forms | al.com

Bill allowing recalls approved by Senate committee

The Birmingham News reports: A Senate committee today approved a bill aimed at giving Alabama voters the ability to recall public officials if enough people are displeased with their performance. ...

The Senate Constitution, Campaign Finance, Ethics, and Elections Committee approved the bill but only after committee members agreed that it would not move on the Senate floor without additional work. ...

The bill by Bedford is a proposed constitutional amendment that if approved by voters would authorize the Alabama Legislature to write a general law addressing the recall of elected state officials.

Bedford's bill provides guidelines that a recall vote could be set if voters, in a number equal to 25 percent of the total votes cast for an office, sign a petition filed with the Secretary of State. A recall also couldn't be done the first year following an election. -- Read the whole story --> Alabama Senate committee approves bill that would allow recall of public officials | al.com

Graysville petitioners want mayor impeached (UPDATED)

The Birmingham News reports: A group of Graysville residents today filed in Jefferson County Circuit Court a petition to impeach Graysville Mayor Doug Brewer.

The petition accuses Brewer of willful neglect of duty, corruption in office, abuse of power and incompetence.

Graysville resident George Helms, one of the petition organizers, said 200 residents signed the petition. ...

The next step in the petition filing is for the Jefferson County Circuit Court to assign the matter to a judge.

Helms said the group of residents that filed the petition has done so on its own, but will likely hire an attorney to handle the case. The group began collecting signatures for the impeachment petition in December. -- Read the whole story --> Graysville residents file petition in Jefferson County court to impeach mayor | al.com

UPDATE: The standards and procedure for impeachment cases are found in Alabama Code §§ 36-11-1 through 25. You may find the Code online on the Alison site; click on the "Code of Ala" tab on the left side.

Birmingham News ignored ALEC's influence in our latest voter ID bill

Media Matters for America reports: Dozens of voter ID laws have been introduced in state legislatures over the past two years, including particularly strict measures passed in seven states in 2011 -- Alabama, Kansas, Rhode Island, South Carolina, Texas, Tennessee and Wisconsin. There is widespread evidence that this surge of voter ID laws stems from model legislation crafted in 2009 by a conservative group called the American Legislative Exchange Council (ALEC). But a Media Matters analysis has found that the largest newspapers in the seven states that enacted voter ID laws in 2011 have largely ignored ALEC's influence. Indeed, of the newspapers examined, only Rhode Island's Providence Journal mentioned any connection between the state's voter ID bill and ALEC. ...

The Birmingham News Has Not Mentioned ALEC In News Coverage Since At Least 2009. Since January 1, 2009 (based on a LexisNexis search for "American Legislative Exchange Council"), ALEC is mentioned in Alabama's largest newspaper only twice -- in two op-eds amplifying ALEC studies on education and tax policy. Since January 1, 2009, no mentions of ALEC in the Birmingham News relate to voter ID laws. [LexisNexis, 1/1/09-3/16/12] -- Read the whole report --> How State Media Turned A Blind Eye To ALEC's Influence On The Voter ID Debate | Media Matters for America

Will there be a recount in the GOP's Circuit Judge 13 race?

The Birmingham News reports: Jefferson County Republican Party officials plan to meet Tuesday to canvass votes from March 13 and certify the results, the first steps toward a potential recount in the primary race for Circuit Court Place 13, party officials said. ...

Lea Bone trailed Pat Thetford by one-half of one percentage point in the Republican primary for Place 13, which would qualify her to request a recount if the difference holds.

Thetford had 20,022 votes, or 50.25 percent. Bone had 19,822 votes, or 49.75 percent.

Only provisional ballots remain uncounted, along with any military ballots that might trickle in through the end of the month. -- Read the whole story --> Jefferson County Republicans to certify vote results; recount possible | al.com

Alabama gets a C- on state integrity

The Center for Public Integrity reports:
For years the world has witnessed Alabama through a bleak lens:

Alabama named worst governed state in America. ... Ex-governor guilty of bribery. ... Casino owner bribes legislator to get his vote for legalized gambling.

And, the unkindest headline of all: Alabama's new immigration law revives memories of water hoses and dogs used against civil rights marchers.

But now, led by a reform minded governor and legislature and buoyed by a spate of legislative reforms, Alabama has taken strides to shed its past. The state has approved new investigative subpoena powers for its Ethics Commission, limited spending by lobbyists and pushed to make financial disclosure and other information more easily searchable online.

Yet ethics reform in this state of 4.8 million residents remains a work in progress. And so Alabama receives a letter grade of C- and a numerical score of 72 from the State Integrity Investigation, ranking it 15th among the states. Not the bottom of the rung rating of the earlier headlines, but not yet near the top, either.

The study evaluated factors ranging from the public's access to information to political financing rules to ethics enforcement. -- Read the whole story --> Alabama: The story behind the score - State Integrity Investigation

Oh, poor me ... the "insiders" are moaning about Roy Moore and Harry Lyon

The Birmingham News reports: The general election matchup for Alabama chief justice between Democrat Harry Lyon and Republican Roy Moore apparently have some so unhappy that they are mulling over possible options that might give voters another choice.

That possible other choice might come from someone who runs as an independent, said a number of political insiders who in recent days have been part of conversations about seeking an alternative to Moore and Lyon.

The concerns about both Moore and Lyon are not new but now that both men have won nomination for chief justice, the concerns have taken on a new urgency, said those with knowledge of the discussions. -- Read the whole story --> Alabama political insiders consider an 'anybody but Roy Moore or Harry Lyon' candidate | al.com

My comments: All this wailing has as much effect as a hound dog's baying does on the moon. All the talk of an independent candidate is just hot air. It is too late to qualify an independent candidate. Independent candidates' petitions were due to the Secretary of State by 5 p.m. on the day of the first primary, which was 13 March. Ala. Code § 17-9-3.

If the "insiders" want to do something, they are going to have to get Lyon or Moore out of the race. Ala. Code § 17-13-23 says, "The state executive committee [of a political party] ... where a vacancy may occur in any nomination, either by death, resignation, revocation, or otherwise, ... may fill such vacancy, either by action of the committee itself or by such other method as such committee may see fit to pursue."

Judge Howard Hawk qualifies as independent

The Huntsville Times reports: Marshall County Circuit Judge Howard Hawk, a former Democrat denied access to the March 13 Republican primary ballot, has been certified by the Alabama Secretary of State to run as an independent for re-election, his campaign said Saturday.

Hawk submitted 5,200 signatures requesting that he be placed on the Nov. 6 ballot as an independent. He only needed 774 to qualify. ...

A longtime Democrat, Hawk switched to the Republican party in December 2010. Less than a month later, 27 of 29 members of the Marshall County Republican Party Executive Committee voted to ask Hawk to remain a Democrat. -- Read the whole story --> Marshall County Circuit Judge Howard Hawk certified to run as an independent in November | al.com

City of Pinson to receive bailout from Section 5

The Birmingham News reports: The city of Pinson is about to become the first in Alabama to be exempt from the section of the Voting Rights Act that requires certain local governments to have their elections overseen by the U.S. Department of Justice.

Pinson and the Justice Department agreed in writing to excuse the small Jefferson County community from Section 5 of the Voting Rights Act because it has no history of discrimination against minority voters. ...

The Justice Department's review of Pinson's application included interviews with minority voters in Pinson, according to the written consent decree. Pinson was formed in 2004 and its population is about 78 percent white, 17 percent black and 4 percent Hispanic. No minority candidate has ever run for elected office in Pinson, according to the agreement, which also calls for a new citizens' advisory group to explore ways to increase opportunities for voter registration, have more diversity among poll workers and increase opportunities generally for political participation in Pinson's elections. -- Read the whole story --> City of Pinson is first in Alabama to win exemption from Section 5 of the Voting Rights Act | al.com

Jefferson County contractor wants to bust the aggregate contribution limits in federal elections

iWatch News reports: As unlimited contributions flow into super PACs this year, one man is at the center of a new effort to allow people to donate more money, to more candidates, at the national stage.

"I don't believe government is there to limit us," Shaun McCutcheon told iWatch News.

McCutcheon is a 44-year-old general contractor in Alabama. He's the owner, founder and president of Coalmont Electrical Development. He's a member of the Republican Party who admits he may have a bit of a libertarian streak. And he's also the treasurer of a super PAC called the "Conservative Action Fund."

That's a group that spent more than $43,000 opposing House Financial Services Committee Chairman Spencer Bachus (R-Ala.) in Tuesday's GOP primary in Alabama, although it has mostly targeted Democrats with its attacks. -- Read the whole story --> GOP super PAC men seek to overturn donation limits | iWatch News by The Center for Public Integrity

McCutcheon's request for an advisory opinion is available here

* If I had called him "local man," you would have thought it was an Onion story.