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Moore campaign threatens to sue anti-Moore super PAC Highway 31

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

The Roy Moore Senate campaign blasted an ad paid for by the Highway 31 super PAC as “patently false.”

The campaign announced in a statement that they have issued cease and desist letters demanding that television stations remove the ad from the air immediately.

The letter specifically calls out the ad for what the Moore campaign says are its “quoting third-hand gossip and repeating outright falsehoods.”

“1. Specifically, the ad entitled ‘Shopping Mall,’ which began airing on or around November 28, 2017, begins with the misleading question, ‘What do people who know Roy Moore say?’ Although the ad shows five quotations, only one of the people quoted — Teresa Jones, a coworker from 40 years ago — stated that they knew Roy Moore. And even what Jones claimed was nothing but a figment of the rumor mill. The truth is that the people quoted in the ad were alleging hearsay and third-hand gossip and do not ‘know Roy Moore’ at all.”

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“2. Next, the ad states a novel accusation that ‘Moore was actually banned from the Gadsden Mall . . . for soliciting sex from young girls.’ This is doubly false. The truth is that Judge Moore was never banned from any mall for any reason, as confirmed by the then-manager of the Gadsden Mall. Furthermore the truth is that Moore never solicited sex from young girls at the Gadsden Mall and no such false accusation has been alleged by anyone.”

“3. Continuing the falsity, the very next statement is that ‘One he [Moore] approached ‘was 14 and working as Santa’s helper,” citing to an AL.com article of November 13, 2017. This statement implies Moore ‘approached’ a girl of 14 for sex. The truth is that Wendy Miller, the woman cited in the AL.com article, never alleged that Moore solicited her for sex at the mall or anywhere else.”

Moore’s team claims, “The facts make clear that the allegations in these attack ads are patently false and known by Highway 31 political action committee to be false.”

The Moore campaign cites a case before the Alabama Court of Civil Appeals, Faye Gary v. Richard Crouch in which the court issued an affirming summary judgment against a Gadsden police chief (Crouch) who was sued for defamation by former Gadsden police officer Faye Gary.

In that decision the court ruled that, defamation is shown when “a false statement was made ‘”with knowledge that it was false or with reckless disregard of whether it was false or not.””  Moore cited other examples.

The Moore campaign is telling TV stations, “We are hereby making demand that your television station cease airing these false attack ads immediately and refrain from airing them on any future date. Under Alabama law, you can be held liable for the substantial damages caused by these false and defamatory ads. Failure to comply with this request may result in immediate legal action.”

Alabama Secretary of State John Merrill is working with Google to remove other ads by Highway 31 that Merrill feel falsely tells voters that whether or not they vote will become common knowledge.

The assault on Moore’s character is based on claims that Moore acted inappropriately with some teenage women in Gadsden, Alabama, in the 1970s when Moore was a young Etowah Country deputy district attorney.

Moore is a former U.S. Army Captain who served in the Vietnam War.  He is an alumnus of the U.S. Military Academy at West Point and was the valedictorian of his graduating class at Attalla High School.  Moore is a former prosecutor.  He was appointed a Judge by then Alabama Gov. Guy Hunt.  Moore won re-election twice and then ran for chief justice of the Alabama Supreme Court in 2000.

Moore was removed from the Court by the appointed Court of the Judiciary for refusing a federal court order to remove a Ten Commandments monument.  Moore ran for governor unsuccessfully twice in 2006 and 2010.  In 2012 he won another term on the Alabama Supreme Court as chief justice.  In 2015, Moore was suspended for the remainder of his term, because he failed to sign an order to Alabama’s Probate Judges ordering them to disregard the Alabama Constitution and issue same-sex marriage licenses.

Moore believes the Obergefell v. Hodges ruling by the U.S. Supreme Court was wrong, illegal, and unconstitutional and that he did not have the power to give that order to the Probate judges without the whole Alabama Supreme Court ruling on the matter.  Moore’s active and vociferous denunciations of same-sex marriage and sodomy have earned Moore many, many enemies in the LBGTQ community across this nation.

Shortly after assuming office, Alabama Gov. Kay Ivey ordered that a special election be held on Dec. 12 to fill the Senate vacancy created when Jeff Sessions was elevated to be U.S. Attorney General.  Moore retired from the court system to run for the Senate, defeating nine other candidates in the Republican Primary including U.S. Sen. Luther Strange in the GOP Primary runoff.

Over $50 million has been spent by the Republican and Democratic Party and their allies (the vast majority of it from out of state) to defeat Moore.

The election is Tuesday. Former Clinton-era U.S. Attorney Jones is Moore’s Democratic opponent.

The polls will be open from 7:00 am to 7:00 pm.  Remember to bring a valid photo ID with you to the polls or your vote will not count.  You must vote only at your assigned polling place.  Today is the last day to get an absentee ballot.

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House passes General Fund Budget

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

The Alabama House of Representatives passed the state General Fund Budget on Tuesday.

The General Fund Budget for the 2019 fiscal year is Senate Bill 178. It is sponsored by Sen. Trip Pittman, R-Montrose. State Rep. Steve Clouse, R-Ozark, carried the budget on the House floor. Clouse chairs the House Ways and Means General Fund Committee.

Clouse said, “Last year we monetized the BP settlement money and held over $97 million to this year.”

Clouse said that the state is still trying to come up with a solution to the federal lawsuit over the state prisons. The Governor’s Office has made some progress after she took over from Gov. Robert Bentley. The supplemental we just passed added $30 million to prisons.

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The budget adds $50 million to the Department of Corrections.

Clouse said that the budget increased the money for prisons by $55,680,000 and includes $4.8 million to buy the privately-owned prison facility in Perry County.

Clouse said that the budget raises funding for the judicial system and raises the appropriation for the Forensic Sciences to $11.7 million.

The House passed a committee substitute so the Senate is either going to have to concur with the changes made by the House or a conference committee will have to be appointed. Clouse told reporters that he hoped that it did not have to go to conference.

Clouse said that the budget had added $860,000 to hire more Juvenile Probation Officers. After talking to officials with the court system that was cut in half in the amendment. The amendment also includes some wording the arbiters in the court lawsuit think we need.

The state General Fund Budget, SB178, passed 98-1.

Both budgets have now passed the Alabama House of Representatives.

The 2019 fiscal year begins on Oct. 1, 2018.

In addition to the SGF, the House also passed a supplemental appropriation for the current 2018 budget year. SB175 is also sponsored by Pittman and was carried by Clouse on the floor of the House.

SB175 includes $30 million in additional 2018 money for the Department of Corrections. The Departmental Emergency Fund, the Examiners of Public Accounts, the Insurance Department and Forensic Sciences received additional money.

Clouse said, “We knew dealing with the federal lawsuit was going to be expensive. We are adding $80 million to the Department of Corrections.”

State Representative Johnny Mack Morrow, R-Red Bay, said that state Department of Forensics was cut from $14 million to $9 million. “Why are we adding money for DA and courts if we don’t have money for forensics to provide evidence? if there is any agency in law enforcement or the court system that should be funded it is Forensics.”

The supplemental 2018 appropriation passed 80 to 1.

The House also passed SB203. It was sponsored by Pittman and was carried in the House by State Rep. Ken Johnson, R-Moulton. It raises securities and registration fees for agents and investment advisors. It increases the filing fees for certain management investment companies. Johnson said that those fees had not been adjusted since 2009.

The House also passed SB176, which is an annual appropriation for the Coalition Against Domestic Violence. The bill requires that the agency have an operations plan, audited financial statement, and quarterly and end of year reports. SB176 is sponsored by Pittman and was carried on the House floor by State Rep. Elaine Beech, D-Chatham.

The House passed Senate Bill 185 which gives state employees a cost of living increase in the 2019 budget beginning on October 1. It was sponsored by Sen. Clyde Chambliss, R-Prattville and was being carried on the House floor by state Rep. Dimitri Polizos, R-Montgomery.

Polizos said that this was the first raise for non-education state employees in nine years. It is a 3 percent raise.

SB185 passed 101-0.

Senate Bill 215 gives retired state employees a one time bonus check. SB215 is sponsored by Senator Gerald Dial, R-Lineville, and was carried on the House floor by state Rep. Kerry Rich, R-Guntersville.

Rich said that retired employees will get a bonus $1  for every month that they worked for the state. For employees who retired with 25 years of service that will be a $300 one time bonus. A 20-year retiree would get $240 and a 35-year employee would get $420.

SB215 passed the House 87-0.

The House passed Senate Bill 231, which is the appropriation bill increase amount to the Emergency Forest Fire and Insect and Disease Fund. SB231 is sponsored by Sen. Steve Livingston, R-Scottsboro, and was carried on the House floor by state Rep. Kyle South, R-Fayette.

State Rep. Elaine Beech, D-Chathom, said, “Thank you for bringing this bill my district is full of trees and you never know when a forest fire will hit.

SB231 passed 87-2.

The state of Alabama is unique among the states in that most of the money is earmarked for specific purposes allowing the Legislature little year-to-year flexibility in moving funds around.

The SGF includes appropriations for the Alabama Medicaid Agency, the courts, the Alabama Law Enforcement Agency, the Alabama Department of Corrections, mental health, and most state agencies that are no education related. The Alabama Department of Transportation gets their funding mostly from state fuel taxes.

The Legislature also gives ALEA a portion of the gas taxes. K-12 education, the two year college system, and all the universities get their state support from the education trust fund (ETF) budget. There are also billions of dollars in revenue that are earmarked for a variety of purposes that does not show up in the SGF or ETF budgets.

Examples of that include the Public Service Commission, which collects utility taxes from the industries that it regulates. The PSC is supported entirely by its own revenue streams and contributes $13 million to the SGF. The Secretary of State’s Office is entirely funded by its corporate filing and other fees and gets no SGF appropriation.

Clouse warned reporters that part of the reason this budget had so much money was due to the BP oil spill settlement that provided money for the 2018 budget and $97 million for the 2019 budget. Clouse said they elected to make a $13 million repayment to the Alabama Trust fund that was not due until 2020 but that is all that was held over for 2020.

Clouse predicted that the Legislature will have to make some hard decisions about revenue in next year’s session.

 

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Day Care bill delayed for second time on Senate floor, may be back Thursday

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

The day care bill, which would license certain day care centers in Alabama, was once again delayed on the state Senate floor after one lawmaker requested more information.

Its brief appearance Tuesday ended with state Sen. Gerald Dial, R-Lineville, saying a compromise had not yet been worked out with the bill’s detractors.

Alabama’s Senate has been hesitant to act on the legislation because of complaints of state Sen. Shay Shelnutt, R-Trussville, who has been an opponent of the bill since its introduction last year. The bill’s delay on Tuesday marks the second time its been taken off the Senate’s agenda.

The bill has had a rocky time in this year’s session, but the bill’s sponsor state Rep. Pebblin Warren, D-Tuskegee, said she is still confident about its passage out of the Legislature.

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Warren, D-Tuskegee, filed the bill this session with the support of influential lawmakers including Gov. Kay Ivey, who told reporters last year that she though all day cares should be licensed.

Mainly sparked by the death of 5-year-old boy in the care of a unlicensed day care worker, the bill had great momentum coming into this year’ session.

Despite the growing support from lawmakers, Religious groups had concerns that the bill would increase state-sponsored reach into religious day cares in churches and non-profit groups.

Spearheading the dissenters was Alabama Citizens Action Program, a conservative religious-based PAC.

Warren, proponents, and ALCAP announced a compromise to the bill while it was still in the Alabama House.

Announced by ALCAP originally, the new bill was a weaker version in that it did not require that all day cares in the state be regulated. Instead, religious-based day cares would only need to be registered if they received federal funds. At a Senate committee meeting in February, Warren said a similar requirement was about to come from federal law in Congress.

The bill moved through the House in a overwhelming vote in favor of the proposal and passed unanimously out of a Senate committee a few weeks ago.

Warren, speaking to reporters after its passage from the House, said she was unsure if the bill would encounter resistance in the upper chamber.

It was the Senate that killed the daycare bill last year amid a cramped last day where senators took the bill off the floor. The bill may face similar complications this year, as lawmakers seem to be preparing to adjourn within a few weeks.

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Fantasy sports bill fails on Senate floor

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

Would-be Fantasy Sports players in Alabama will have to wait to legally play in the state following a Senate vote on Tuesday.

The Alabama Senate decisively killed a bill to exempt fantasy sports from the state’s prohibition on gambling.

Not even entertaining a debate on the Senate floor, the proposal was killed during a vote for the Budget Isolation Resolution, which is usually a formality vote preluding a debate.

Fantasy sports are contests where participants select players from real teams to compete on fantasy teams using the real-world players’ stats.

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Since 2016, the practice has been illegal in Alabama following a legal decision by the Attorney General’s Office that categorized it as gambling.

The bill’s sponsor, state Sen. Paul Sanford, R-Huntsville, predicted the bill’s failure during a committee meeting two weeks ago, where the bill passed unanimously.

Sen. Paul Sanford speaks to reporters after a Senate Committee meeting on Feb. 28, 2018. (Samuel Mattison/APR)

Speaking to reporter’s after the committee meeting, Sanford said the decision to file the bill was mainly a philosophical belief that the practice shouldn’t be illegal.

Sanford, a fantasy sports player before its ban, said that fantasy sports are a way to bring people closer together and not a means to win money. The Huntsville senator is not seeking re-election.

The bill’s failure in the Senate follows its trajectory last year too. A similar version of the bill, also sponsored by Sanford, failed in the Senate during the final days of the 2017 Legislative Session.

Since Sanford is retiring, it is unclear if the bill will even come back next session, or if it will even have a Senate sponsor.

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Moore campaign threatens to sue anti-Moore super PAC Highway 31

by Brandon Moseley Read Time: 5 min
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