The Attorney General's opinion states that Byrne and Bentley should be certified as candidates in the runoff election. Even if the recount shows an error that would have put Tim James in the second position, according to state law it can only be used as the basis for filing an election contest challenging the results of the election. The recount results would NOT put James in the runoff, they would merely give him grounds to file an election contest after the runoff is held.
In summary, section 17-16-21 is nearly silent as to when the recount should occur, although it should be done in time for use in filing an election contest with the relevant political party after the primary runoff election has been held. That runoff will proceed irrespective of any petition-based recount. Nothing in section 17-16-21 of the Code suspends the time frame for the state party chair to certify the results of the first primary election to the Secretary of State or for her to certify those names to the probate judges. Section 17-16-21(d) provides only that the recount shall constitute grounds for an election contest if the recount produces a change in the precinct totals so as to alter the result of the election. Indeed, section 17-16-21 does not allow a recertification based on the recount numbers.
Your final question concerns whether the Secretary of State should await the results of the petition-based recount before certifying the names to be placed on the ballot for the primary runoff. She should not.
You can find the AG's opinion here:
http://www.ago.state.al.us/news_template.cfm?Item=1361
This is a critical opinion.
It means that the runoff should be held in accordance with the original election figures... as I have maintained from the beginning, although for different reasons. Byrne and Bentley should participate in the runoff and have a winner determined. Then, and ONLY then, can the results of the recount be used by James, assuming they show error significant enough to change the electoral result, to challenge the results of that primary.
An interesting opinion... not quite matching the details of the rumors I heard, but matching the final conclusion.
The AG has issued an opinion stating that the recount doesn't effect the runoff process at all, but may serve as the basis for an election challenge after the runoff is held.
This is quite interesting.
The California system as described by the good Doc seems to me to pass the constitutional smell test. I would say however, that not being able to vote straight ticket in November, would encumber by voting time quite substantially. Also Doc, I have no idea what you speak of when talking about South Carolina, but you can't just pay the fee and run as a Democrat in the state of Alabama. Candidates are rarely rejected, but it happens a few times a cycle.
ReplyDeleteDid this get posted on the right thread? Not sure what you're referring to, here.
ReplyDelete