Replacement candidate -- legal or not?
Qualifying for Alabama's party primaries closed about a month ago. Elbert Peters was the only one to qualify to run as a Republican in HD 53 (in Madison County). After the qualifying deadline passed, Peters found out that he did not live in the district, so he resigned as a candidate. The GOP wants to replace Peters.
Not so fast. There is a federal court consent decree in which the Secretary of State (a Republican) represented by the Attorney General (a Republican) agreed with the big, bad U.S. DOJ (not Republican) to stretch out the election calendar. In particular, the proposed consent decree (later adopted by Judge Myron Thompson) states: "Notwithstanding the provisions of Ala. Code § 17-13-23, vacancies in nominations must be filled by the State or county executive committees not later than 76 days before an election." (US v. State of Alabama, Case No. 2:12-cv-179-MHT-WC, Middle District of Alabama, doc. 110-1) Since the primary is 3 June, the 76-day deadline was 19 March.
The Democrats have protested.
We will have to see what happens.