A new lawsuit filed against Robert Bentley alleges that the governor illegally delayed a special election to replace former U.S. Senator Jeff Sessions.
Alabama Auditor Jim Zeigler and retired District Attorney Tommy Chapman of Evergreen, a Democrat, jointly argue that Bentley’s decision to set an election date in November of 2018 violates state law. The suit was filed Monday in the Montgomery County Circuit Court, requesting that Bentley set a new special election date as soon as possible.
No hearing date has been set.
“Rather than being able to vote for a replacement U.S. Senator in a timely manner, [voters] must suffer a Bentley appointee to hold the seat for nearly two more years,” the lawsuit says.
The state auditor continues to be one of Bentley’s most vocal critics. Prior to filing the lawsuit, he submitted a dead-end request urging the Attorney General to take action against the governor’s order. He cited Section 36-9-8, which states that “Whenever a vacancy occurs in the office of senator… more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held.” However, Attorney General Steve Martin later said that the question was “moot” because the Auditor’s request for an opinion was not related to the duties of his elected position.
The Governor’s office has argued that Bentley’s order falls completely within legal bounds.
The special election is set to take place on November 6, 2018, while the primary will take place on Tuesday, June 5, 2018. The last day for candidates to qualify with their respective parties is Friday, February 9, 2018, at 5:00 p.m. Parties must certify their candidates with the Secretary of State’s office by 5:00 pm on Thursday, March 15, 2018.
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