I asked an election official about the differences in the state Democrats’ situation where they say they were told by the Secretary of State’s office that August 27 was the last date to name a ballot replacement for the November election versus the state Republicans’ situation where they had until yesterday to name a ballot replacement in Senate District 11.
“Statutorily there is no difference. I can’t speak for what [Secretary of State] Beth Chapman said or whether she was misunderstood, but the two situations are the same under the law.” The election official, speculating about any potential miscommunication, wondered if Chapman might have said rightfully that August 27 was the last date by which the Secretary of State’s office had to certify the primary election results out to the counties without broaching the topic of an amended certification. As mentioned here before, the Secretary of State has an administrative rule that – to the extent possible – certification can be amended when necessary.
According to the election official, a legal challenge is going to be difficult if it is based on information given in a phone call or conversation as it will be a “he said, she said” situation. If Beth Chapman sent something in writing telling the Democrats that they had to fill the ballot spot by August 27, that would bolster their complaint.
“I tried to get something in writing. I asked for it,” Democrats’ Executive Director Jim Spearman told the Parlor. “I couldn’t get it. I don’t know if we will contest it [the decision to allow the Republicans to name a ballot replacement past the deadline given the Democrats].”
“It’s not the Secretary of State. It’s [SoS legal advisor] Jean Brown making those decisions because Beth Chapman never shows up for work. I have a problem with that. Her door stays closed, and her staff won’t say if she’s in. I heard that [former Attorney General] Bill Pryor told Chapman she had to live in Montgomery if he was going to defend her, but Troy King never saw fit to look into this. She doesn’t live in Montgomery like she’s supposed to. You can leave her staff a message and she’ll call you back on her cell phone from her house [in Shelby County].”
The issue of amended certification cuts both ways, the election official mentioned above tells the Parlor. “In the 16th Judicial Circuit in Etowah County, the Democrats didn’t certify their candidate [Jimmie Harp, Jr.]. On the final certification, they left him off and filed an amended certification Wednesday [September 1]. In that case, the ballots for Etowah County had already been printed. Still, the Secretary of State’s office decided that the Democrats’ request to add him to the certification was timely and could be accommodated. If anything, the Republican candidate may have a basis for a legal challenge, but the Secretary of State’s office accommodates amended certification to the extent it can.”
“In this case [of Jimmie Harp, Jr.], the Democrats have a party rule that says everyone unopposed in the primary is automatically certified [by the Democratic Party], but a state statute says that this year on July 28 the party will file a list of everyone that is nominated, and they left this candidate off.”
Spearman, clearly unhappy, believes there is a difference in fixing an error of omission and naming a replacement for someone who withdraws from a race. “Telling us one thing and allowing the Republicans to do another, they are making this up as they go.” While the state Democrats may have been given bad information, they did not get it in writing. Precedent and statutes appear to allow the Republicans to name their replacement.
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