With the Alabama Code, what was intended, what gets written and how it’s interpreted are often different things, and so it is when setting special election to replace Jeff Sessions in the United States Senate. On Thursday, Gov. Robert Bentley set a special election to be held in 2018, at the same time as state and mid-term national elections. But was that legal? State Rep. Chris England, D-Tuscaloosa, says it wasn’t. “For anyone that has read the law, this is ILLEGAL,” England wrote on Facebook Thursday, above the relevant snippets of the Alabama Code. “Again, read it for yourself. If the vacancy occurs more than four months prior to the next upcoming general election, which it CLEARLY does, state law demands that the Governor call a special election ‘forthwith.'” I have read that section many times since last November, and I’ve gone over it with several lawyers I trust, and the verdict? It’s unclear.
Here’s what Section 36-9-8 says. Pay attention to “forthwith” and remember as well as you can what you learned in your high school grammar classes. Also, maybe take a Dramamine.
“Whenever a vacancy occurs in the office of senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held by the qualified electors of the state to elect a senator of and from the State of Alabama to the United States Senate for the unexpired term.”
The code then goes on to prescribe how special elections are to be held when a vacancy occurs near another general election, but that doesn’t apply here.
Full Article: What Alabama law says (and doesn’t say) about special elections for Senate | AL.com.