By Jim Ellis
April 14, 2017 — In office now just a few days, new Gov. Kay Ivey (R) is reportedly contemplating a major electoral decision that will add to Alabama’s considerable political intrigue. According to a spokesperson for Ivey, the governor is considering changing the special election schedule as it relates to appointed US Sen. Luther Strange’s (R) situation.
In a controversial decision, former Gov. Robert Bentley (R) appointed then-Attorney General Strange to replace Sen. Jeff Sessions (R) immediately after the latter was confirmed as US attorney general. The move was controversial since Strange was reportedly investigating the governor regarding the situation for which he resigned earlier this week, but during the appointment process said that no such inquiry was underway. After the Senate appointment was made and a new state attorney general installed, it was confirmed that a Bentley investigation was in fact quickly progressing.
In addition to choosing Strange to replace Sen. Sessions, Gov. Bentley scheduled the special election to fill the balance of the current Senate term to run concurrently with the regular 2018 election schedule. Some argued that Bentley exceeded his authority because the state’s special election law indicates the vote should be called “forthwith.” Bentley and his legal team argued that the “forthwith” reference in the Alabama statute referred to officially calling the election, but not necessarily to conducting the vote. Bentley also argued it is more cost effective to hold the special concurrently with the regular general election rather than incur the expense of running a stand-alone statewide vote.
