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There is a confusing story in Jefferson County that is turning into a pitched battle between county Democrats and Republicans.
Seems that about 18 months ago, Republican Andy Smith was appointed by Gov. Riley to fill an unexpired term as Bessemer Division Tax Assessor. That term ends Sept. 30, 2009. There is an election for the seat in this November’s general election.
Here is where it gets confusing:
A 1957 state law that applies only to Jefferson County requires political appointees to run for the unexpired term of their predecessor if the appointment was made more than six months before the next general election.
To keep the seat without interruption, not only does Andy Smith have to qualify for and win the election for the term that begins in 2009, he also has to win the election for the remainder of the unexpired term. For which he did not file qualifying papers.
Democrat Ron Yarbrough alone did, though he chose not to qualify for the election to the subsequent term beginning in October, 2009. Andy Smith and Democrat Andrew Bennett both qualified for the term beginning in October, 2009.
So even if Smith wins the November general election, he will have to step down from his current position until October, 2009, when he would resume it. Ron Yarbrough will serve in the interim, barring a successful write-in campaign.
Smith said that “he was told by the county Republican Party office that he didn’t have to qualify for the unexpired term. ‘I told them three times that I had to run twice, but they said I didn’t.’”
So on to court!
The Jefferson County GOP has filed a petition (available here in a .pdf file) to place Smith’s name on the ballot for the election for the unexpired term or to determine that the election for the unexpired term “not be had.”
The Jefferson County Democrats have filed an opposition to that petition. (The Democrats’ opposition is available here in a .pdf file.)
For what it’s worth, a similar situation occurred in 2002, and both parties’ candidates understood to qualify twice. The 2002 general election ballot listed the Assistant Tax Collector candidates (Grover Dunn and Phillip James) twice – once for the unexpired term and again for the full term.
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And folks say there’s no reason to record or study history. Somebody’s collection of old news clips could have saved a lot of trouble.
Maybe they should outsource election qualifying to Halliburton or Blackwater. Till then, too bad for the party of McBush.
Seems like this is pretty clear if we strictly interpret the law? And thats what Republicans are always imploring us to do, aren’t they?
All parties insist the other play by strict rules while reserving their right to creative interpretation.
Sounds like political hanky-panky somewhere here. Why did they keep telling Andy Smith that he DIDN’T have to qualify, and would not let him qualify…when they should have known the law. I, for one, will write in Andy Smith if they don’t put him on the ballot.