Elected officials standing in objection over Governor Bentley’s call for a 2018 special election to replace Senator Jeff Sessions have just hit a major road block.
Bentley had faced pushback from State Auditor Jim Zeigler and others who argued that a special election for U.S. Senate must be held earlier than the next regular election cycle. According to Zeigler, it’s a matter of following the law.
In a February 10 letter to then-Acting Attorney General Alice Martin, Zeigler called the 2018 election date a “violation” of state code. 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.”
Secretary of State John Merrill and members of the Legislative Black Caucus also supported the claim that an election should be held before the next election cycle.
However, on Monday, AL.com reported that Attorney General Steve Marshall said that Zeigler’s question against Bentley is “moot” because the Auditor’s request for an opinion was not related to the duties of his elected position.
“The claim of mootness is an easy out to keep from making the governor follow the law,” Zeigler shot back on Twitter.
Responding to concerns that a 2018 election does not properly adhere to state code, Bentley’s spokesperson, Yasamie August, told the Tuscaloosa News that the Governor’s order falls within legal bounds.
“The statute does not set a specific time to set the special election,” August said, “and certainly does not say that the special election cannot be at the same time as the next general election.”
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