The Alabama Debacle

By Jim Ellis

Judge Roy Moore, the Republican nominee in a special Senate election in Alabama.

Judge Roy Moore, the Republican nominee in a special Senate election in Alabama.

Nov. 14, 2017 — Senate Republicans have a major advantage in the current election cycle, but may be on the precipice of giving it away.

Looking at the 2018 Senate map, Republicans have only to defend eight of the 33 in-cycle seats. Considering that six of the eight are the safe Republican states of Mississippi, Nebraska, Tennessee, Texas, Utah, and Wyoming and the Democrats need a net gain of three conversion seats to claim the majority, it appears unattainable even if the latter party converts legitimate targets in politically marginal Nevada and now open Arizona.

But the mathematics change if Democrats score an unlikely upset in the Alabama special election on Dec. 12, and the latest unfolding events there suggest that such an outcome is far more likely to happen.

As we know, Republican Senate nominee Roy Moore, the twice removed former state Supreme Court Chief Justice, has been accused of sexual impropriety with at least one teenage girl when he was 32 years old in 1979. Washington, DC Republicans, who appear to be taking the Washington Post story and the woman’s allegations at face value, are urging Moore to remove himself from the race. Alabama Republicans are still standing firm for Moore, refusing to accept the story without proof. For his part, Judge Moore denies the incident happened.

Three polls have already surfaced telling us that Moore has suffered a major hit. Earlier surveys found him leading in low double-digits, but Opinion Savvy, Gravis Marketing, and JMC Analytics & Polling immediately went into the field to test the Alabama electorate’s reaction.

Opinion Savvy (Nov. 10; 515 likely Alabama special election voters) conducted their survey just hours after the Moore story broke. Their results find that Moore’s lead has evaporated into a 46-46 percent tie with Democratic nominee Doug Jones, a former US Attorney.

Gravis Marketing launched their poll just as quickly (Nov. 10; 478 likely Alabama voters) and finds a similar ballot test tally: 48-46 percent in Moore’s favor.

JMC Analytics (Nov. 9-11; 575 registered Alabama voters) sees Jones pulling into a 46-42 percent lead (48-44 percent when leaners to both candidates are added), but an over-sampling of female voters could account for the Democratic advantage. Fifty-six percent of the survey respondents were female and they break for Jones, 46-40 percent. Men favor the Democrat 46-45 percent.

Considering these polls were taken immediately as the story was breaking and the questionnaires included an explanation of what was being said about him, the results for Moore are not devastating. For the most part, Republican voters are taking Moore’s side while Democrats believe the accuser. The fact that the division is roughly even suggests that Moore has a chance to rebound if he can effectively tell his story.

While Republican leaders may be calling upon Judge Moore to remove himself from the ticket, realistically and legally, he cannot. Under Alabama election law, the ballot cannot be changed within 76 days of the election. That period began Sept. 28. Now comes talk that Gov. Kay Ivey (R) could be approached to postpone the election, or call a special session of the legislature to pass a new emergency election statute. The governor says she is not inclined to even think about such an option.

Additionally, some absentee packets containing Moore’s name have already mailed, thus making it logistically difficult, if not illegal, to inject a new ballot into the campaign. Therefore, the outlook is virtually certain that the election will proceed as scheduled on Dec. 12.

Another idea suggests that the Senate refuse to seat Moore if he wins the election. Should all Democrats vote against Moore, only three Republicans would need to break ranks to keep the seat in abeyance. Presumably, the state could then call a new election, but there would be nothing preventing Moore from running again. Should that be the case, Gov. Ivey then could appoint another interim senator or even keep Sen. Luther Strange (R) in the position. Also, a new election would allow him to run again, too.

For their part, Democrats are remaining publicly quiet. They are likely doing so for two reasons. First, they are adopting the old axiom, “if one’s political opponents are in process of destroying themselves don’t stop them.” Second, they may soon be faced with another vote to eject a senator. Should New Jersey Democratic Sen. Bob Menendez be found guilty in his corruption trial, there will likely be a move to expel him. Democrats would find themselves in a bind if they make a public spectacle of denying entry to Moore, and then quickly pivot to do the opposite in order to save Menendez.

The Roy Moore saga is far from over but at the outset, the situation appears perilous for Republicans. Since losing this seat would endanger their majority standing in 2018, the stakes for how the majority leadership chooses to handle the Alabama situation becomes even more challenging.

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