August 28, 2014

"Tracking" comes to Alabama reports: An advisory to Democratic county chairs has been sent, warning them of Republican-leaning videographers who are recording candidates at events, according to Herbert Kuntz, chairman St. Clair County Democrats and the author of the letter.

Kuntz told on Wednesday that he sent the letter after an incident on Aug.14 at the Pell City recreation center. ...

Kuntz had organized the meeting to let state Rep. Joe Hubbard, D-Montgomery, speak about his candidacy for Alabama attorney general.

But a videographer, known as a "tracker" in political circles, showed up to record Hubbard speak. Hubbard's campaign took pictures of the videographer, and identified him as Chris Cato from South Carolina. Cato works for America Rising LLC, which disseminates its videos through its political action committee, America Rising PAC.

The PAC is a Republican-leaning organization that seeks to research and record Democrats during this election season. -- Warning sent to Alabama's Democratic county chairmen: You are being tracked |

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"What if Alabama elected multiple congressmen per district? A radical reform proposal" reports: No one would dispute that Alabama is a Republican-leaning state, but an electoral reform group contends the current voting system distorts GOP dominance.

Presently, six of seven members of the U.S. House of Representatives are Republican. But the state is not 85 percent Republican. The Maryland-based Center for Voting and Democracy, in an analysis of the upcoming 2014 election issued last month, puts the Republican percentage at 63 percent. ...

The center recommends combining ranked choice voting with multi-member "super districts." For Alabama, that would mean folding the current seven districts into two. One would combine the 1st, 2nd and 3rd districts, covering Mobile and Baldwin, the Wiregrass and east Alabama. The other district would combine the 4th, 5th, 6th and 7th districts, covering Huntsville, Birmingham and west Alabama.

Both super districts would be between 62 percent and 65 percent Republican. But because of the nature of ranked voting, it is unlikely they would elect all Republicans. -- What if Alabama elected multiple congressmen per district? A radical reform proposal |

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August 23, 2014

Circuit Court puts Alexander back on the ballot (2) reports: As expected, Montgomery County Circuit Judge Charles Price issued an order today in favor of Louise Alexander in her effort to remain on the ballot in the race for District 56 in the Alabama House of Representatives.

Price had announced on Monday he would rule in Alexander's favor.

The judge found the state Democratic Party was at fault for not forwarding a form to the Ethics Commission.

Secretary of State Jim Bennett said the case highlighted the need to strengthen the state law on the requirement that candidates file statements of economic interests with the Ethics Commission.

Price's ruling overturns Bennett's decision to disqualify Alexander from the race. -- Jim Bennett says he'll seek clearer ethics law after Louise Alexander prevails in ballot dispute |


AG loses on critical evidence rulings in case against Lowell Barron

Alabama Supreme Court rules in favor of Lowell Barron: 'This case should now be concluded,' Barron says | reports: The Alabama Supreme Court ruled today against an appeal made by prosecutors in the case against former state Sen. Lowell Barron.

The ruling could be a prelude to the charges against Barron and co-defendant Rhonda Jill Johnson of Scottsboro being dismissed. ...

The court unanimously upheld two lower court rulings on evidence that could be presented at the trial of Barron and Johnson that prosecutors from the state attorney general's office said was critical to their case. ...

The AGs office focused on three aspects of a ruling by DeKalb County Circuit Judge Randall Cole, the trial judge, for its appeal:

  • Cole said comments Johnson regarding a romantic relationship with Barron to a reporter of a Montgomery-based blog could not be introduced at trial, which is an element of motive.
  • Cole said prosecutors cannot introduce evidence of a romantic relationship between Barron and Johnson, which the state said would be a demonstration of motive and intent.
  • Cole said Barron can provide testimony and evidence from other politicians to discuss how campaign funds are spent, ruling against a motion filed by the state.

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August 20, 2014

Filing an ethics statement appears to be hard to remember ... for candidates reports: Louise Alexander's Republican opponent in Alabama House District 56, Darius Foster, was late this year filing an ethics statement, the same document that led to Alexander's temporary disqualification.

Foster had a current statement of economic interests on file when he qualified as a candidate, as required.

But he later failed to file a new statement for 2013 until more than three months after a deadline in the ethics law. -- Louise Alexander's Republican opponent, Darius Foster, filed ethics form late |

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August 19, 2014

Circuit Court puts Alexander back on the ballot reports: Montgomery County Circuit Judge Charles Price announced today he would issue an injunction that will keep Louise Alexander on the ballot in Alabama House District 56, Alexander's lawyer, U.W. Clemon, said this evening.

That will overturn a decision by Secretary of State Jim Bennett to disqualify Alexander from the race.

Bennett issued a statement opposing the ruling, and his office is considering an appeal. -- Judge Charles Price rules secretary of state must put Louise Alexander on the ballot |

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August 17, 2014

GOP tracker following Dem's AG candidate reports: The attorney general's race heated up last week as a national Republican political action committee made clear they would continue tracking Democratic candidates around Alabama. ...

Hubbard's campaign took advantage of the opportunity to "track the tracker." The Hubbard campaign even got pictures of the tracker's ID, which lists him as a photographer for "America Rising LLC."

The America Rising PAC is a GOP opposition-research firm that employs trackers to follow Democrats and report back with any potentially embarrassing statements.

Politico reported the PAC was founded by former Mitt Romney campaign manager Matt Rhoades and former Republican National Committee research director Joe Pounder. The group operates like a news website, posting videos and hoping they go viral on their own. It appears some of the videos are also shared from other sites -- anything that achieves the PAC's goals to embarrass Democrats. -- Democrats, attorney general candidate Joe Hubbard get their party crashed by video tracker sent by Republican PAC |

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"Relators' mount unusual legal challenge to authority of Sen. Del Marsh"

The Anniston Star reports: On a Thursday morning in a dimly-lit courtroom in downtown Montgomery, Donald Curtis Casey, a retired Birmingham steel company employee, is telling a judge why he wants to remove the president pro tempore of the Alabama Senate from office.

He's also trying to explain why he doesn't consider himself a plaintiff, nor does he consider Sen. Del Marsh, R-Anniston, a defendant.

"This is a situation where we have filed a quo warranto, and it's not a justiciable controversy," Casey said. He pronounces it "jus-TICK-able."

"Jus-TISH-able," Circuit Court Judge William Shashy replies. "Let me tell you something. When you say it's not a justiciable controversy, you're talking against your own case." -- 'Relators' mount unusual legal challenge to authority of Sen. Del Marsh - The Anniston Star: News

Comment: No excerpt can do justice to this bizarre attack on Sen. Marsh because he was the sponsor of a bill to create a Constitutional Revision Commission.

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Sec of State decertifies Louise Alexander as House candidate reports: Louise Alexander has been disqualified to run for the Alabama House District 56 because she did not file a required statement with the state Ethics Commission, according to the secretary of state's office.

Alexander said she filed what she was required to do and intends to fight the decision in court.

James Anderson, attorney for the state Democratic Party, told the party's state Executive Committee at a meeting today that he received a letter from Secretary of State Jim Bennett on Friday notifying the party that Alexander is disqualified. ...

The State Democratic Executive Committee passed a resolution supporting Alexander's effort to be reinstated as a candidate. If she is unsuccessful, the party will name another candidate for the seat no later than Tuesday, which is the deadline to do so, Anderson said. -- Louise Alexander disqualified in Alabama House District 56; says she will challenge decision |

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August 13, 2014

Brown wins election-contest appeal reports: A subcommittee of the the State Democratic Executive Committee today dismissed an appeal of Sandra Little Brown's win over Shelia Smoot for a seat on the Jefferson County Commission.

Ervin P. Hill, a voter who filed the challenge, said he would appeal to the full state Democratic Executive Committee, which is scheduled to hold a regular meeting on Saturday. -- Alabama Democratic committee dismisses challenge to Brown's win over Smoot in Jefferson County Commission race |

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Deadlines - yes, but penalties - no

Alabama Political Reporter reports: The Alabama Secretary of State's Office has confirmed that under current State law, that no penalty exists when a political party fails to certify candidates before the statutory deadline, an electoral misstep that has occurred frequently this election cycle on both sides of the aisle.

According to sources including county probate judges and several party officials, certification deadlines for candidates in the November election were missed in at least two counties ? in one county by the GOP only, and in another by both major political parties. -- SOS Says No Penalty Exists for Missed Certification Deadlines

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August 12, 2014

Shelia Smoot-Sandra Little Brown election contest being heard today reports: The state Democratic Executive Committee has set a hearing today at 2 P.M. to determine whether to dismiss an appeal in the Sheila Smoot-Sandra Little Brown Jefferson County Commission District 2 race.

The planned hearing at the AEA Headquarters in Montgomery has set off a flurry of legal filings and pitted local Democratic Party members against their counterparts at the state level.

Some Brown supporters are also worried that efforts are being made to take the election from Brown, who won the Commission District 2 primary runoff last month by 26 votes.

After the election was contested, the local Democratic Party declined to hear the challenge and the matter was appealed to the state party. -- How the Shelia Smoot-Sandra Little Brown election contest could tear apart the state Democratic Party |

Disclosure: I served as Ms. Smoot's attorney for a short time.

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August 5, 2014

August 4, 2014

Powerhouse GOP group snared in Alabama money scheme

POLITICO reports: Since the Republican State Leadership Committee burst into national politics, it's become one of the most influential outside players on the right: It spent tens of millions of dollars to flip state legislative chambers and redraw the congressional map in Republicans' favor -- and is poised to pump millions more this fall into locking down state capitals for the GOP.

But the group's swift ascent has not come without controversy -- or lingering legal hazard. At the height of its political emergence, the RSLC was implicated in a risky campaign finance scheme that an internal report warned could trigger "possible criminal penalties" and "ultimately threaten the organization's continued existence," according to a confidential document POLITICO obtained from a source.

The September 2011 report, prepared by the prominent Washington law firm BakerHostetler, was presented to an RSLC board then helmed by former Republican Party Chairman Ed Gillespie — RSLC’s chief financial rainmaker starting in 2010 and now a candidate for the U.S. Senate.

Never disclosed until now, the document detailed an investigation into alleged misconduct by multiple RSLC officials during the crucial 2010 election cycle: It charged that national RSLC leaders conspired improperly with the leader of the Alabama Republican Party to use the RSLC as a pass-through for controversial Indian tribe donations, essentially laundering “toxic” money from the gaming industry by routing it out of state and then back into Alabama. -- Exclusive: Powerhouse GOP group snared in money scheme - Alexander Burns -

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August 1, 2014

"PAC Fined Record Breaking $5.2 Million Sets Up Shop in Alabama"

Alabama Political Reporter reports: Several people involved in the dubious financing of nationwide school-choice campaigns have teamed up with the ALGOP's top political leadership in an effort that supported the reelection attempts of over a dozen incumbent Republicans in the June primaries to the tune of $170,000 -- all from out of state funding sources.

With former ALGOP deputy political director and Hubbard loyal Ryan Cantrell as chairman, and Lisa Lisker, a publicly disgraced Nevada politico as treasurer, a PAC called Alabama Federation for Children has set up shop in the state, aiding campaigns by funneling West Coast education money into in-kind contributions to incumbent Republican state legislators. ...

Now Lisker is providing in-kind treasury services for the Alabama Federation for Children PAC, a group that is merely a state branch of the American Federation of Children. That umbrella organization was founded and is funded by the DeVoses, a family of Michigan millionaires that have financed "school choice" campaigns since the 1990s. Their PAC ventures included the group All Children Matter, also staffed by Lisa Lisker, an entity which was assessed the largest campaign finance fine in Ohio history -- $5.2 million dollars -- in 2008 for illegal funneling money from PAC to PAC. ...

Though they lost an appeal of the fine, All Children Matter has yet to pay a penny of the penalty, arguing that they no longer have funds available with which to pay; the PAC was fined an additional $100 for another violation just this month, but it says it does not have the cash to pay that, either, a claim the Ohio Secretary of State says he is looking into. -- PAC Fined Record Breaking $5.2 Million Sets Up Shop in Alabama

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July 31, 2014

GOP chairman says Sharpton is "race-baiting" reports: Alabama Republican Party Chairman Bill Armistead today blasted the Rev. Al Sharpton's plans to operate a headquarters in Birmingham to fight back against what Sharpton calls voter suppression in Alabama and other southern states.

Armistead accused Sharpton of race-baiting and misleading the public in an effort to divide people and boost Democratic turnout in November.

"Alabama and several other states have passed Voter ID laws to ensure that the voter is who they say they are," Armistead said in a statement. "However, Sharpton claims the basis for these new voter ID laws is to 'disenfranchise black and minority voters, the elderly, the poor and young people'. Sharpton knows better, and he should be ashamed for making such absurd comments." ...

Sharpton, president of the New York-based National Action Network, today cut the ribbon on his downtown Birmingham headquarters which will focus protecting voting rights across eight southern states, he said.

"We will, out of this office, coordinate our work throughout the South against those new measures that have been designed to suppress the vote," Sharpton said. "Make no mistake about it, these are designed to suppress the vote and we are here to fight against voter suppression." -- GOP Chairman Bill Armistead says Rev. Al Sharpton is 'race-baiting' with claims of Alabama voter suppression |

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July 20, 2014

Campaign finance reports not due from local party committee candidates reports: George Barry, a member of the executive committee for the state GOP, this week reported Huntsville GOP members of Republican Refresh to Alabama Attorney General Luther Strange. ...

Barry lost the recent GOP primary for the state senate held by Sen. Bill Holtzclaw, R-Madison.

He contends that negative campaigning by Republican Refresh contributed to that senate result, but Republican Refresh did not file as a political action committee nor file any disclosures on where their money came from and how they spent it. ...

[Brent] Beal [of Republican Refresh] said he contacted the Secretary of State. "They said you can't file even if you want to."

Emily Marsal, deputy secretary of state, confirmed late Friday that "executive committee candidates would not have to file FCPA (Fair Campaign Practices Act) forms unless they are running for something else." She said the Attorney General's office had Barry's complaint. The Attorney General's office did not comment. -- Former candidate George Barry reports fellow Republicans to Attorney General

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July 18, 2014

Non-profit StudentsFirst funds Alabama candidates, but does not report

The Decatur Daily reports: A California-based education reform group has given more than $100,000 to political candidates in Alabama this election cycle.

But because of state statute on nonprofits and campaign finance reporting, finding out where StudentsFirst gets its money isn't possible. State law said corporations, including nonprofits, don't have to file campaign finance disclosure forms, according to the secretary of state's office. ...

The organization is playing by the rules, said Adam Thompson, deputy chief of staff for the secretary of state.

“(Nonprofits) are not considered a PAC if they are making direct donations,” Thompson said. “They’re basically treated like an individual, and individuals don’t have to report who they give to or where they get the money.” -- Nonprofits can remain quiet about supporters - Decatur Daily: Elections

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July 10, 2014

Sheriffs ask for clarification re guns at polling places

Fox10 News (WALA, Mobile) reports: "Because the sheriff, by Alabama law under Title 17, is specifically responsible for the security and the safety of the polling sites," Baldwin County Sheriff Huey "Hoss" Mack said.

Under Alabama law, private polling sites like churches are able to decide for themselves if they will allow firearms while they are being used for voting. Likewise with schools, if they have a no gun policy normally, that still stands during elections.

The question for Mack and other sheriffs in Alabama is what regulatory authority they have for public buildings that are used as polling places, like event centers and city halls.

"If a sheriff or a sheriff's deputy encounters someone with a firearm in a polling site, what is the appropriate action? Can an arrest be made? What would be the specific charge? How would that be handled,?" Mack said.

As the president of the Sheriff's Association, Mack asked for clarification from Strange on behalf of all sheriffs in the state. -- Alabama sheriff?s seek answers on gun policy in polling places | Mobile, Al. News - FOX10 News

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July 9, 2014

Guns may be prohibited at most Alabama polling places reports: Counties do not have the authority to prohibit voters from carrying firearms at all polling place, Attorney General Luther Strange said in an opinion issued Monday. ...

For instance, Strange said, in courthouses and the offices of a district attorney, guns are already banned and that ban is not lifted when the same facilities are used as a polling place.

Likewise, schools and facilities that implement certain levels of security and already prohibit firearms may continue to do so even if they become polling places on election day.

Strange said that when a piece of private property such as a church serves the public purpose of acting as a polling place, gun owners must have a concealed carry permit or the permission of the property owner to carry a weapon there. Strange said even those with a concealed carry permit can be prohibited from carrying onto private property at the discretion of the property owners.

"The owner of private premises or another authorized person may revoke the license or privilege of a person to enter or remain on private property," Strange said. "Therefore, the owner of the private property who allows his or her property to be used as a polling place may personally or by an authorized representative, prohibit firearms on the premises, even with respect to persons who have a permit." -- Ballots and bullets: Counties cannot issue blanket ban of firearms at polling places, Luther Strange says |

Note: The article contains a link to the AG's opinion.

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July 6, 2014

"Auburn resident uses math to lead political campaigns"

The Opelika-Auburn News reports: It is not uncommon for John Pudner to work 18 hours during an average day--mostly from his home in Auburn--writing up political campaign plans for politicians and analyzing data.

However, it is this environment where Pudner seems to thrive, gathering statistics and using them to positive results through Concentric Direct, a firm he founded that does strategy work for political campaigns across the country and statistics work for sports teams. ...

Pudner also said political strategy has come a long way in becoming more concerned with raw data and statistics in recent years.

“The biggest difference 20 years ago was that they wanted your intuition,” Pudner said. “People wanted to hire you to figure out ‘what do you think will make people want to vote for me.’"

In fact, Pudner remembers when people began to use more statistical analysis for political functions. In 2003, Pudner was working on a campaign to defeat the referendum vote on Alabama Amendment 1, a tax package by then Gov. Bob Riley to lessen taxes on the poor, but was argued as raising taxes on businesses and families. Leading up to the vote, Pudner and his team began using automated voice message systems to call people and collect data. The referendum was eventually defeated. -- Auburn resident uses math to lead political campaigns - News

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July 4, 2014

Twelfth Anniversary of Votelaw

It was 12 years ago today when I started this blog and made the first entry.

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Trouble in the GOP over chairman encouraging candidates for state committee reports: An internecine battle is brewing in the Alabama Republican Party, which last month appointed a committee to investigate the large number of newcomers who challenged incumbents on the party's Executive Committee.

Some party members believe Chairman Bill Armistead improperly recruited candidates to run for party positions and surreptitiously accepted donations from the Alabama Education Association and the Poarch Band of Creek Indians. Armistead denies both allegations.

Political consultant Baron Coleman said he agreed, at Armistead's request in February, to run for a party seat from Lowndes County and to help recruit other candidates from across the state to oppose members from the "Mike Hubbard-Bob Riley wing" of the party.

"He had a list in front him -- all of the Executive Committee members," recalled Coleman, whose candidacy the party ultimately invalidated based on a residency issue. "He was trying to line up candidates to run against members who were not friendly to him." -- Questionable donations, allegations of improper candidate recruitment fuel Alabama GOP strife |

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June 29, 2014

In memory of Libby (1945-2007) and Ginny (1952-2014)

Teal ribbon

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Captive constituents

The Anniston Star reports: When Talladega City Councilman Joseph Ballow goes up for re-election, he can be sure that more than a quarter of the residents in his ward won't show up at the polls -- because they're behind bars.

One of five councilmen in this city of approximately 16,000, Ballow represents a 3,121-person ward that includes Talladega Federal Correctional Institution, a prison with 939 inmates. ...

That phenomenon has been a matter of growing concern for some prison reform advocates, who see the potential for "prison gerrymandering" -- the use of prisoners to beef up the numbers when political districts are redrawn.

"We think of one person, one vote as the rule, " said Aleks Kajstura, legal director for the Prison Policy Initiative, a nonprofit group that advocates for a new way of districting prisons. "But when you pad out the population with inmates, you're giving people in some parts of the country more political power than others." -- Captive constituents: Prison population beefs up some Alabama districts - The Anniston Star: News

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