Another JeffCo Election Challenge

There is another suit regarding today’s special election for the Jefferson County Commission to fill the vacancy created when Larry Langford was elected Mayor of Birmingham. It’s actually kind of interesting.

The suit seeks to prohibit certifying the results of today’s special election in Jefferson County and to enjoin holding any run-off.

Walter Braswell, an attorney for the plaintiff Patricia Working, took some time to spell it out for me.

Here it is in a nutshell… Jefferson County decided to save some money by holding the election at the same time as the primary. If they get lucky, there won’t be a run-off and they have saved the cost of holding a special election by itself. A procedural concern is that this position is meant to be determined by a partisan election, but in this election the six candidates are listed with no party. The two top vote-getters could be in a run-off to see who holds the office, but without regard for party and the typical process.

Braswell outlined a scenario to illustrate. Say that a county is 70% Democratic and 10 people run for the office, 8 Democrats and 2 Republicans. With the election held as it is today with all the candidates listed on one ballot, the 8 Democrats could fracture the Democratic vote so that the two Republicans would be the top two vote-getters. The two Republicans would face each other in one last run-off, even though that county is 70% Democratic.

Dr. Working is challenging the constitutionality of the election being held in this manner. “It’s bad practice,” Braswell said. “We don’t want to see this precedent. All Dr. Working is asking for is that the law, which is very precise, actually be followed, and voters get the information and choices to which they are entitled. What a concept!”

Braswell hoped Judge Scott Vowell would be persuaded to rule before the election was complete, saying that any decision, for or against, made after the election would be seen as favoring one candidate or another. “A ruling now is pristine, not influenced by the voter’s choice.”

Another concern is that this presidential primary is not an appropriate time for a special election. “Who would turn out for a run-off? A minuscule fraction of the people who turned out for the first election. They have guaranteed the largest possible turnout for the first stage of the election, and the smallest possible turnout for any run-off.”

Their inclination is to pursue an expedited appeal with the state Supreme Court.

“How hard can this be?” Braswell asks. “It’s filling an elected position.”

Attorney Ed Still has related court document on his blog Votelaw.

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