Posted by Sid Browning, Supervisor of Elections for Jefferson County, told the Parlor this week that the county is preparing to hold a special election on February 5th though the Governor has already appointed a replacement to fill the vacated County Commission seat. Larry Langford created the vacancy when he left the commission after winning the Birmingham mayor’s race. Governor Bob Riley has already appointed George Bowman to serve in the seat, but his authority to do that is being challenged in court by Fairfield resident Fred Plump.
The Jefferson County Election Commission “would be remiss not to prepare for the election” given the 1977 Act that, in the Commission’s understanding, calls for an election to replace Langford, said Browning. A 2004 law authorizes the governor to fill county commission vacancies by appointment but excludes counties, such as Jefferson, with their own rules for special election. Riley’s administration claims that the 2004 law voids the 1977 law that specifies Jefferson County fills vacancies with elections.
The Riley administration has lost a similar case in Mobile County pending appeal to the U.S. Supreme Court. Browning told the Parlor that he sees no substantive difference between the Mobile County and Jefferson County cases.
So after the election, could we have two people claiming to be the rightful Commissioner? “Well, right now we have two trains going down two tracks. We hope Plump v. Riley will settle it before then. And if [Riley's appointee] Bowman wins the election, then all this becomes moot.” 
But if we have two Commissioners showing up to work in the one seat? “It’s not an extremely clear section of law.” The Supreme Court case, scheduled to be heard in March, could be used to inform the Jefferson County situation. And, Browning added, another possibility is that Riley or someone on his behalf could seek an injunction to stop the Feb. 5 election.
“It’s a grey area.”
Attorney Ed Still has the pleadings and briefs for the Mobile County and Jefferson County cases on his site.
Bowman has indicated that he intends to run for the seat as a Democrat. Orville Ifill of the Storm Water Management Authority and former county staff lobbyist is eyeing the seat also. The qualifying deadline is 21 days before the election.
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How much money is jefferson county about to waste holding a special election that may not stand up in court?
How do you know the special election “won’t hold up in court”?
Why is Riley determined to appoint a new JeffCo Commissioner when he’s already been slapped down in court?
Anonymous in comment 1, there is an election that day anyway, so the cost is not so great as there would be otherwise.
Kathy, I think that is a really interesting question, and I have thought about writing a post on that. (I may yet.) Best I can figure, either he (and his advisors) have carefully considered the law and he really thinks he’s in the right and will ultimately be vindicated, or he thinks there is some political capital to be gained from some quarter by fighting the good fight. (On the theory that in politics, sometimes it’s not important that you win the fight, it’s important that you fight it. It helps you align with some interests and stand opposed to others.)
I don’t know what’s at work…
In what ways does the appointment hurt the “democratic process” as many people feel?
[...] This may be supplanting the story that Jefferson County could have two commissioners claiming one seat as the current Parlor favorite to watch in Alabama local politics. [...]