By Brandon Moseley
Alabama Political Reporter
MONTGOMERY–Last year the Alabama State Legislature passed HB 56, Hammon-Beason Alabama Taxpayer and Citizen Protection Act, by a wide margin with bipartisan support. Since then, groups as diverse as the Obama Justice Department, the ACLU, the Southern Poverty Law Center, the Catholic Church, the Lutheran Church, etc. sued the state of Alabama to overturn Alabama anti-illegal immigration law in the courts. Some parts of H.B. 56 were found to be vague, confusing, or unenforceable. On advice of Alabama Attorney General Luther Strange, who is defending the law in the federal court system, the authors of HB 56: Rep. Micky Hammon (R) from Decatur and Sen. Scott Beason (R) from Gardendale introduced a new bill HB 658 to address some of these legal issues.
Pro-illegal immigrant groups have lobbied the legislature against HB 56 and its replacement HB 658; because they don’t want any Alabama law limiting illegal immigration. On Thursday, the Alabama House of Representatives passed HB 658. It now goes to the Alabama Senate where opponents vow to lobby against the bill.
Speaker Mike Hubbard (R) from Auburn said. “Some activist groups don’t have a problem with illegal immigration and will only be happy if the law is repealed. That’s not going to happen. What we have is a bill that sharpens tools for law enforcement to more effectively crack down on lawbreakers, offers clarity to state and local agencies in their everyday dealings with the law, and ensures law-abiding residents and businesses aren’t subjected to unnecessary red tape.”
Zayne Smith, the One Family Coordinator for the Alabama Coalition for Immigrant Justice, said, “HB658 is not the answer. It will not remedy the problems caused by HB56. In fact, it will make them worse. The only way to repair the damage done to Alabama is to repeal HB56 in its entirety.”
Rep. Hammon said, “The federal government has failed to enforce its laws against illegal immigration, so Alabama and several other states have taken action to crack down on this problem. The law we passed last year was strong, but as with most laws, it can be made better. We’ve worked for the last several months to see how we could make our law better, and I’m pleased with what we were able to produce. It keeps and strengthens penalties to ensure those living and working in Alabama, are here legally.”
Mary Bauer, the legal director for the Southern Poverty Law Center said, “Sadly, Alabama’s legislative leaders have learned very little from their own mistakes and, as a result, taxpayers, business owners, farmers and really all Alabama will continue to suffer. These lawmakers stubbornly refuse to put the state’s best interest ahead of their own desires. They have rushed through a so-called reform bill that will do nothing to alleviate the economic and humanitarian crisis that is gripping our state because of HB 56. Alabama deserves better.”
Rep. Kurt Wallace (R) from Maplesville supported the bill and said on Facebook, “The bottom line is this: its hard to enforce a bill that is tied up in the courts and therefore unenforceable, as opposed to a bill that is not tied up in litigation and is deemed legally enforceable.”
“The Alabama House of Representatives has failed to learn the lessons of the last year, and it now falls to the Senate to return common sense and compassion to its rightful place in state governance,” said Justin Cox, staff attorney for the Immigrants’ Rights Project of the American Civil Liberties Union.
Rep Jim Patterson (R) from Meridianville said, “It was an honor to speak up for the people of my district who need construction jobs.”
The bill now goes to the Senate where they could act on it as early as next week.
Inmate assault injures two St. Clair prison correctional officers
The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries.
Two correctional officers at St. Clair Correctional Facility were injured in an inmate-on-officer assault on Monday, the Alabama Department of Corrections confirmed to APR.
Among the two officers who sustained non-life-threatening injuries was a basic correctional officer (BCO), a position created in May 2019, who are not Alabama Peace Officers Standards and Training Commission (APOST) certified and who have some limitations on working directly with inmates without correctional officers present.
The other officer injured was a full correctional officer, Alabama Department of Corrections spokeswoman Samantha Rose told APR in a message Friday. The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries and subsequently released, according to Rose.
“The ADOC condemns all violence in its facilities, and the actions taken by the inmate against ADOC staff are being thoroughly investigated,” Rose said. “As the investigation into this incident is ongoing, we cannot provide additional detail at this time. More information will be available upon the conclusion of our investigation.”
The ADOC created the new basic correctional officer position to bolster the state’s woefully understaffed prisons. The creation of the position was also at the suggestion of experts ordered by a federal court to study the department’s staffing problems, ADOC attorneys wrote to the court in a filing in 2019.
The ongoing lawsuit is over the state’s handling of mental health in prisons.
The Southern Poverty Law Center and the Alabama Disability Advocacy Program filed the 2014 suit arguing the state was indifferent to the health of inmates dying by suicide in greater and greater numbers.
Attorneys for the plaintiffs in June argued that ADOC was far behind on the court-ordered hiring new additional officers. It has been more than two years since U.S. District Judge Myron Thompson ordered the Alabama Department of Corrections to hire an additional 2,000 correctional officers by 2022.
U.S. District Judge Myron Thompson in a previous opinion wrote that prison understaffing “has been a persistent, systemic problem that leaves many ADOC facilities incredibly dangerous and out of control.”
“Taken together, ADOC’s low correctional-staffing level, in the context of its severely overcrowded prisons, creates a substantial risk of serious harm to mentally ill prisoners, including continued pain and suffering, decompensation, self-injury, and suicide,” Thompson’s previous opinion continued.
The SPLC in court filings late last year expressed concern over the use of basic correctional officers in Alabama’s overcrowded and understaffed prisons. ADOC attorneys have argued to the court, however, that BCO’s are adequately trained to do their jobs and are needed for the department to hire the necessary number of officers per the court’s timeline.
In a court filing on Thursday, attorneys for the plaintiffs asked the court not to again delay site visits to Alabama prisons by two experts who are tasked by the court to determine which positions should be filled by correctional officers and which by BCO’s and which by another new position, called cubical correctional officers, who are to have no direct interaction with inmates.
Those visits were to begin in May, but both parties in the suit agree to wait due to the COVID-19 pandemic and the threat it posed to the experts, who are particularly vulnerable to the disease due to “age and other factors,” according to court records.
Both parties again agreed to postpone those visits in June for those same reasons, those records show. ADOC seeks a third extension but attorneys for the plaintiffs argue that the experts can visit the prisons while keeping themselves, prison staff and inmates safe from harm of COVID-19 and that thousands of employees and contractors enter Alabama prisons daily.
The plaintiff’s attorneys argue in the court filing that the expert guidance is needed because ADOC wishes to use BCO’s and cubical correctional officers to comply with the court-ordered hiring of additional staff by Feb. 20, 2022.
“Ensuring adequate staffing is of upmost importance to address the constitutional violations underlying mental health care within ADOC,” the plaintiffs’ attorneys wrote to the court Thursday.
ADOC in May was employing 494 BCO’s, a 57 percent increase in the number of BCO’s employed in Oct. 2019, according to ADOC’s staffing numbers. The number of correctional officers working in Alabama prisons fell by two percent during that time, dropping from 1,319 to 1,287.
Slow absentee voting in Tuscaloosa sparks outrage, possible legal action
Among the issues were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours.
Long lines and slow absentee ballot processing in Tuscaloosa County have left voters outraged and incumbent Sen. Doug Jones’s campaign threatening legal action.
On Wednesday, Jones’s campaign attorney, Adam Plant, sent a letter to Tuscaloosa County Circuit Clerk Magaria Bobo, outlining a number of issues with ongoing absentee voting and promising to take legal action if Bobo doesn’t improve the process on the final day, Friday. Among the issues documented by Plant were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours.
Additionally, Plant noted that Bobo has hired her family members to help process absentee ballots and at least one family member had made disparaging remarks on social media about voters.
“You and those acting on your behalf are suppressing the vote of qualified Alabama voters,” Plant wrote in the letter. “If you are unable or unwilling to execute your duties competently, and allow Tuscaloosa voters to exercise their voting rights without undue burdens, we will take further action.”
In an interview with the Montgomery Advertiser on Wednesday, Bobo noted that her office had received more than 13,000 requests for absentee ballots — a remarkable uptick from the 3,000 or so her office usually receives — and there had been problems in managing that number of ballots while also adhering to social distancing guidelines within the office.
However, as Plant’s letter notes, the massive increase in absentee ballots for this election shouldn’t have been a surprise. Also, Secretary of State John Merrill had made additional funds available to absentee managers to facilitate hiring extra staff, purchasing additional computers and staying open for longer hours to accommodate the anticipated increase.
In a press release on Wednesday, the Alabama Democratic Party criticized Bobo and her family members, and the release included screenshots of Facebook posts from Bobo’s daughter lashing out at voters who complained about the long wait times.
“No voter should have to wait in line for hours to exercise their rights,” said ADP executive director Wade Perry. “We should leverage every tool we have to make voting easier, not harder. Also, it should go without saying that election workers should not insult the very people they are employed to serve. If Ms. Bobo is incapable of processing voters quickly, someone else needs to do the job.”
Jones campaign calls Tuberville a “coward” after no-show at Auburn forum
“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” Jones’s campaign said.
There are only four days left before election day, and incumbent Democratic Sen. Doug Jones’s re-election campaign is slamming Republican challenger Tommy Tuberville, accusing him of “hiding” and calling him a “coward.”
On Wednesday, Jones addressed an Auburn University forum. Tuberville did not attend.
“Tonight, the College Democrats and College Republicans at Auburn University co-hosted a debate between Doug Jones and Tommy Tuberville, offering students a chance to ask the candidates about the issues that matter most to Alabama,” the Jones campaign said in an email to supporters. “But Tuberville never showed up – he’s too scared to face Doug… even on his own home turf. Tuberville has repeatedly refused to debate Doug Jones. He’s consistently refused to be interviewed by the press. He’s refused to tell Alabama the truth about who and what they’re voting for – and it’s clear why.”
“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” the campaign continued. “If he won’t tell the truth, we will. Tuberville expects to win this race off of his blind allegiance to the President and his party affiliation. But Alabamians know better.”
“People deserve to know who they’re really voting for if they vote for Tuberville: someone who … won’t protect our health care, doesn’t believe in science, has no idea what the Voting Rights Act is, and doesn’t care about the lives and livelihoods of Alabamians,” the Jones campaign concluded. “Alabama will never elect a coward. Pitch in now and help us spread the truth about the man hiding behind the ballot.”
“I am disappointed that Tommy Tuberville is not here,” Jones said. “I think it is important that people see two candidates side by side answering the same questions.”
Tuberville meanwhile is canvassing the state, speaking to rallies and Republican groups to turn out the Republican vote for himself and President Donald Trump. Tuberville spoke at Freedom Fest in Madison County on Thursday and at the Trump Truck Parade rally in Phenix City.
“It’s time Alabama had a U.S. senator who represents our conservative beliefs and traditional values,” Tuberville said in Phenix City. “It’s time Alabama had a U.S. senator who supports the Second Amendment, the right to life, and putting God back in the classroom.”
Polling consistently shows Tuberville with a commanding lead over Jones. Real Clear Politics lists the race on their current board as a likely Republican win. FiveThirtyEight’s election model gives Tuberville a 79 percent chance of defeating Jones.
Tuberville says election is about “the American dream”
“It is not about me. It is not about Biden or Jones. It is about the American dream. They are trying to take it away from us,” Tuberville claimed.
Thursday, Tommy Tuberville spoke at Freedom Fest asking Madison County voters to support him and re-elect Donald J. Trump Tuesday.
The former Auburn University head football Coach told the estimated crowd of 350 that, “It is great to be here. This has been a lot of fun for me. Two years ago, my wife and I started to pray on whether or not to run. When we decided to run, she said don’t come back until you win.”
“This is a very serious election,” Tuberville said. “This is not about Donald Trump. It is not about me. It is not about Biden or Jones. It is about the American dream. They are trying to take it away from us.”
“I always told my players this: this country gives you the opportunity to fail and if you fail you get back up and try again,” Tuberville said. “When I was growing up in Arkansas I wanted to be a college football coach. People in high school laughed at me for it and people in college. It takes perseverance.”
Tuberville said that this country gives you the opportunity to succeed, more so than any other country in the world. Most of the rest of the world is socialist.
Tuberville warned that the other side is trying to turn America into a socialist country.
“We are not going to let them ruin this country,” Tuberville vowed.
The 2020 Madison County GOP Freedom Fest was held at the brand new Toyota Field, the new home of the Huntsville Trash Pandas minor league baseball team.
Tuberville praised President Trump whom “I have gotten to know through all of this and we have become friends. He never slows down; and he is sharp as a tack.”
Tuberville said that the President once called him at 2:30 in the morning, “He said sleep is overrated.”
To protect the American dream we need to vote on Tuesday to keep the Senate and get Donald Trump re-elected.”
Tuberville said that he has spoken with, “A lot of people who as nervous as I am about Tuesday.” Coach Tuberville, who is being outspent, urged the crowd to ignore all of the television ads by his opponent, incumbent Senator Doug Jones (D).
Tuberville vowed to defend the Second Amendment if elected, “They ain’t getting my guns….or your guns.”
“We need to get God back in our schools and teach values again,” Tuberville stated. “The other side does not talk about values and morals.”
We are not going to allow them to tear down our country,” Tuberville said. “God will not allow them.”
“We are going to get God back in our country like it is supposed to be,” Tuberville said.
Coach Tuberville was introduced to the crowd by State Senator Clay Scofield (R-Guntersville).
Scofield said that he “is ready to send Doug Jones back to California.”
“Yes I know he is actually from here; but he sure votes like California. He certainly doesn’t vote like the vast majority of the people of Alabama want him to vote.”
Scofield called Tuberville is “A fighter” who will stand up for the values of the people of Alabama.
Congressman Mo Brooks (R-Huntsville) said, “This is the most important election of my lifetime.”
“Do we believe in freedom and liberty or do we believe in socialism?” Brooks said. “We need to beat them like a drum.”
The general election is on Tuesday. You must bring a valid photo ID with you to your assigned polling place in order to participate.
Secretary of State John H. Merrill predicted that the state would have record participation on Tuesday.