Alabama's Senate special election: You may never see it done like this one again

Democrat Doug Jones (left), and Republican Roy Moore (right) will square off in the Dec. 12, 2017, general election for the U.S. Senate seat vacated in February 2017 by Jeff Sessions. Alabama Gov. Kay Ivey called for a special election in April 2017, but it could be the last time a governor has the authority to do so. The Alabama Legislature will consider legislation next year that would end the special elections for the Senate, and place more authority with the governor in making an interim appointment. Supporters say the proposal will save costs, as this year's special Senate election is estimated to cost taxpayers $15.5 million or more. (file photo)

The campaign to fill Alabama's Senate seat has had all the elements of a political carnival with appearances from the presidentcurrent and former vice presidentspolitical personalities and celebrities.

It's been a rarity for an election in conservative Alabama, where international media fascination has focused in on the state's Senate election campaigns and what the outcome might mean in American politics. Republican Roy Moore faces off against Democrat Doug Jones during the Dec. 12 general election, which will cap off months of high-profile campaigning that began back in April.

But despite the hoopla, chances are, this year's special Senate race could be the final time Alabama will have an election of this kind ever again. The Alabama Legislature, when it reconvenes in January, plans to take up legislation that would end the special elections for U.S. Senate while placing more responsibility with the governor if another vacancy occurs.

Under the plan, the governor would appoint an interim replacement, followed by an election to coincide with the next general election occurring more than one year after the seat becomes vacant. The state holds general elections every two years.

Supporters say the proposal is about cutting costs. With an estimated $15.5 million price-tag, Alabama taxpayers are shouldering much of the burden of a special election called by Gov. Kay Ivey.

"I introduced this bill as a cost saving measure," said Rep. Steve Clouse, R-Ozark, and chairman of the House budget committee. "I don't think we realized what the costs would be."

Said state Sen. Gerald Dial, R-Lineville, who's sponsoring a similar piece of legislation in the Senate: "It's a terrible financial burden for a state strapped of finances."

Unique alliances

Clouse and Dial also deny the legislation has anything to do with the personalities or evolving politics involved in this year's Senate race. Instead, they say that the state's General Fund doesn't have much wiggle room to pay for an unexpected, and costly, statewide election at a time of uncertainty in how the state will pay for its Medicaid obligations, education or fixes to its woefully outdated prisons.

The state's top two legislative leaders appear interested in welcoming a debate over reforming the special elections. Thirty-six states fill U.S. Senate vacancies by gubernatorial appointment until the next regularly-scheduled statewide general election, which the proposals in the Legislature call to do if a future vacancy occurs.

Alabama is one of 14 states that allows vacancies to be filled by special election, meaning that officials don't have to wait for the next regularly-scheduled election.

Former U.S. Sen. Maryon Allen was appointed by then-Gov. George Wallace in 1978 to fill the seat left vacated after her husband, Jim, died suddenly while in office. Maryon Allen would go on to lose the Democratic Party's 1978 special election runoff to Donald Stewart. The 1978 special election was the last time one was held to fill a U.S. Senate seat vacancy in Alabama until this year. (file photo)

The last time a special election was held to fill a U.S. Senate vacancy in Alabama was 39 years ago in 1978, after Jim Allen suddenly died while in office. His wife, Maryon, was appointed to the seat by then-Gov. George Wallace. But she lost a special election runoff that September to Donald Stewart, who would go on to win the general election.

"It's a bill we need to take a serious look at," Alabama Speaker of the House Mac McCutcheon said. "I'm hoping we have a good discussion about it."

Said William Califf, spokesman with Senate President Pro Tem Del Marsh: "We are still reviewing the legislation, but if the bill saves the state money, it's worth considering."

But opposition is likely to exist, especially in a national and state political climate that is favoring populist candidates following the rise of Donald Trump as president.

A right-wing populism surge helped secure former Moore's victory last month as the Republican nominee in the Senate race, despite being at a fundraising disadvantage against current Sen. Luther Strange.

The proposal could also create some unique alliances, namely among tea party Republicans who could find some common ground with the Alabama Black Caucus. Representatives of both sides appear to share similar hesitancy toward changing the system.

Jim Zeigler, the state's auditor and a tea party favorite, said any proposal that abolishes the special election "goes against the grain of the populous movement nationally and in Alabama." He said had the legislation been in effect right now, Strange - who was appointed by former Gov. Robert Bentley to the seat in February, but who lost September's GOP runoff against Moore - would still be in office and not having to worry about an election until next year.

Zeigler filed a lawsuit in Montgomery County circuit court in March requesting an immediate special election after Bentley appointed Strange.

"The problem is, by leaving the U.S. Senator around for the next general election, you are depending on the governor to make a good appointment," said Zeigler, who supported Moore in the runoff. "You are also removing the power of the people to choose a U.S. Senator other than a temporary interim senator."

He added, "It's a trade-off. It would save money to not have a special election, no question about it. But at what costs in terms of the people's ability to elect the U.S. Senator rather than appoint a Senator? Representative government costs money to conduct these elections. That's a cost of a democratic republic."

State Rep. Chris England, D-Tuscaloosa, was an early critic of Bentley's decision to appoint Strange and forgo a special election earlier this year. He said he has a problem with any legislation that might circumvent voters in favor of appointing a senator for a year or more.

Bentley's appointment drew criticism and arguably hurt Strange politically. At the time, Bentley was under investigation for an improper relationship with a former aide, and Strange was the state's attorney general whose office was charged with investigating.

"If there is one paramount concern in all of this and even overriding how much (the election) costs, would be the concern that the people's democratic will is acknowledged and recognized to make sure the election is done as quickly as possible and not to create an incumbent," said England, who is a lawyer and a member of the Black Caucus. "If you are waiting two years, you are giving that person who is appointed an unnecessary advantage over the field just in the interest of saving money."

Terry Lathan, the chairwoman of the Alabama Republican Party, said while it's "right to be fiscally responsible," she believes "there is a point to be made that the people of our state need to be directly involved in choosing our elected officials. Nobody wants to spend taxpayer money on special elections, but the foundation of our democracy is to let the people choose their leaders."

Jess Brown, a retired professor of political sciences at Athens State University, said he doesn't see the proposal as "anti-populist," but more as a "common sense" measure to ensure Alabama has two senators.

"I cannot operate on the assumption that it is always better under all circumstances to leave 4.7 million Alabamians with one voice in the Senate rather than two," said Brown. "Other states want to maintain two voices. Interim appointed senators are not desired, but may be a necessity. If the gubernatorial appointee genuinely conflicts with the popular will, then voters can elect someone else."

Small turnout is also another driving factor for finding ways to save on costs. The Sept. 26 GOP runoff drew a paltry 14 percent turnout, which was below the low 18 percent of those who showed up during the Aug. 15 primary.

"We can't afford these special elections which generally attract only a small number of voters," said William Stewart, professor emeritus of political sciences at the University of Alabama.

'Expensive' race

Indeed, the costs throughout the state is proving to be high in settling a contest that will either seat Moore or Jones as the replacement for U.S. Attorney General Jeff Sessions, who resigned from the Senate after joining Trump's administration.

Alabama Secretary of State John Merrill confirmed this year's special election is the "most expensive race in the history of the state." He said the estimated $15.5 million isn't a final number; that determination may not be made until early next year.

Clouse, utilizing figures from the legislative fiscal office, says the election's cost will require about $10 million out of the state's General Fund.

The costs are trickling down to the counties, which are making unanticipated payments with the hopes of receiving 100 percent reimbursement from the state. In Mobile County, for example, the probate office submitted a claim to the state for $205,298 it spent for the Aug. 15 primary. The county is still awaiting payment.

Jefferson County officials, in June, agreed to set aside $1 million for the special election.

In Baldwin County, the three elections combined - primary, runoff and general - is expected to cost taxpayers around $456,000.

John Bennett, a spokesman with Merrill's office, said the state will reimburse counties for all election costs that are approved by Comptroller Kathleen Baxter's office. There are several exceptions: Madison, Lamar, Geneva and Baldwin counties which will have to pay a small amount to hold referendums attached to the special election ballot.

In Baldwin County, for example, the school system will pay $30,000 to $40,000 to include a 1-mill property tax renewal question on the Dec. 12 ballot, according to Probate Judge Tim Russell.

Clouse said the overall costs the state is incurring comes out of the General Fund, which received a temporary infusion of BP oil spill settlement funds to prop up the state's Medicaid budget. But lingering questions about the state's lack of revenues could hamper funding in future years for things such as health care assistance to low-income residents and in building new prison facilities.

"This election will be over soon and we'll move forward and try and straighten things out in case this happens again," said Clouse. "It could be another 39 years or longer."

The legislation's emphasis on appointing an interim senator will place greater scrutiny on the governor's role in the process. Bentley, at the time of his appointment of Strange, was unpopular on Goat Hill as he attempted to thwart a scandal that ultimately led to his resignation in April.

Ivey, within her first week as governor, called for the special election and claimed she was doing what was legally within her rights as governor. Her spokesman said the governor isn't weighing in on specific legislation at this point.

"The governor has a say in so many appointments," Clouse said. "The present Supreme Court justice (Lyn Stuart, who replaced Moore) was appointed by the governor. That's one of the important things for electing a governor. It's an issue for what particular gubernatorial candidates you'll vote for."

Dial said there could be political pluses if the legislation moves forward. He said by having Senate elections held during regularly-scheduled elections - in which they will take place at the same time of other congressional races elsewhere in the country - the prospects of outside money influencing a campaign reduces.

Strange, for instance, was bolstered with millions of dollars from super PACs aligned with Senate Majority Leader Mitch McConnell and the U.S. Chamber of Commerce, among others.

Brown, the retired Athens State University professor, said the special elections tend to favor "those with name ID and big wallets," and is not the "best method to legitimize officeholders in a republic."

"No one wants people in New York, California, Texas and all over telling Alabamians how to vote," Dial said.

In recent years, only North Dakota has approved legislation to require a special election for the U.S. Senate, while removing the appointing authority from the governor. Arkansas, earlier this year, enacted a similar law to what Alabama will take up early next year.

In 2009, a dozen states considered taking away the authority from the governor, and instead require special elections. The wave occurred the same year that Illinois Gov. Rod Blagojevich was arrested for soliciting bribes to fill the U.S. Senate seat vacated after Barack Obama was elected president in 2008.

Only two of those states, Connecticut and Rhode Island, enacted legislation to have special elections.

For now, in Alabama, the special Senate election continues to draw national intrigue and speculation as to whether Trump could return to hold another rally in the state on behalf of Moore, or whether Jones will have any national Democratic heavy-hitters showing up to back him.

Neither campaign wanted to comment about the legislation.

Lathan, the state's GOP head, said what Alabama is experiencing is a rarity, but important for the voters to be involved in.

"Governor Ivey's decision to have an election gave our citizens the opportunity to be heard," she said. "Avoiding a special election shouldn't be based on the possibility of national attention from the media. It should be based on what's best for the people of Alabama per their decisions and opinions."

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