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Alabama Legislature Passes Changes to Fair Campaign Practices Act

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

On Thursday the Alabama House of Representatives passed Senate Bill 445 which amended the Fair Campaign Practices Act to clarify the rules and deal with unintended consequences created by the 2010 campaign finance reform legislation spearheaded by the then newly elected Republican super-majority.  SB 445 was sponsored by Senator Bryan Taylor (R) from Prattville and was carried in the Alabama House by Representative Mike Ball (R)f from Madison.

Rep. Ball said he has been working with a commission that has been studying comprehensive campaign finance reform since last summer and this legislation (SB445) is the result from those recommendations

Rep. Darrio Melton (D) from Dallas asked, “Why do we need this?”

Rep. Ball said that the existing law is convoluted. All of it is in different places and much of it is based on Attorney General opinions and court rulings.

Representative Jim McClendon (R) from Springville said, “One thing we know is that our Fair Campaign Practices Act has needed some fine tuning.  Thank you for making this a little less onerous task.”

Rep. Melton asked, “Why are we taking off the caps on corporate contributions?

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Rep. Ball said, “The caps were not real.  They just made people feel good.” “It is a pretend cap.  A corporation under current law can give as much money as they want.”  Rep. Ball said that if a corporation want to give $20g to a candidate they just give the money to three PACs to give to the candidates.  Ball said that the existing law doesn’t stop a corp from giving up to $5000 to multiple PACs who then give the money to the candidate they are supporting.

Rep. Melton said that no corporations supported his campaign and suggested that the state ban all corporate contributions.

Rep. Ball said that there are constitutional questions about limiting a corps right to give to PACs.
based on task force recommendations and individuals already had no caps on their political activities.

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Rep. Melton said, “Elections should not be about money.”  “If I outspend you my chances of getting elected is greatly increased.”

Ball said that the committee is going to be meeting along this summer and invited Rep. Melton to come to the meetings and offer his input.

Rep. Christopher John England (D) from Tuscaloosa objected to the provision that allowed county political parties to give to candidates and the state political party or vice versa.  England said that is a, “Loophole if you are looking for one.”

Rep. Ball said, a lot of lawyers were working on this and that there were divisions of opinion on whether existing law prevented those transfers or not.  Ball said, “A county party is a subset of the state party,” but some people on the commission thought that they needed that rule to allow state party to get money out to the county party. The change simply makes that clear.

Rep. Joe Hubbard (D) from Montgomery worried that the bill would weaken the ban on PAC to PAC ransfers, because it exempted political parties and private foundations from the PAC to PAC transfer ban.  Joe Hubbard said on Facebook, “Bryan Taylor’s campaign finance bill “creates an exception to the PAC-to-PAC transfer ban that supporters say is meant to let a state political party PAC transfer money to a local PAC affiliated with the same party.” Shuffling and hiding money, even within the same party, does not further the interest of transparency and accountability in elections. Your move Sen. Taylor.”

Rep. Patricia Todd (D) from Birmingham said that the party transfer rule sets up a shell game.  “Of course my party isn’t going to give me a penny.  I am not a fan of the two party system because it artificially divides us.”

Rep. McClendon told ‘The Alabama Political Reporter’ that it was never the intention of the legislature to prevent the county parties from being able to raise money and transfer it to either their candidates or to the state party (or vice versa).  McClendon said that the reason for the PAC to PAC ban was the shell game that Montgomery political operatives were playing to prevent anyone from being able to understand who was financing campaigns.  Rep. McClendon was the chairman of the Rules Committee in the 2010 special session where the campaign finance reforms…..including the PAC to PAC transfer rules were passed by the new Republican Super-majority.

Rep. Mary Moore (D) from Birmingham said, “This is just another bad bill that is going to be railroaded through.”  Moore said that the campaign finance rules, “Deter a lot of good people from running for office.  Moore said that potential candidates find there are too many laws that they do not understand and they do not want to expose their families to all these regulations.

Rep. Ball said that the legislation also changed the penalty for being late with a campaign finance filing.  “Under current law if you miss that last deadline you can be removed from the ballot this change replaces that with fines instead of removal,”…….a penalty called a “death penalty for a candidate.”

Ball said that there is still a $1000 threshold for the campaign finance filings to kick in.  Ball also said that the electronic filing will eliminate most of the errors because it will refuse a donation with out the address and phone number of the contributor attached to it.

House Minority Leader Rep. CraigFord (D) from Gadsden said, “I am happy with your reporting requirements we should have passed this a long time.”  Ford warned of unintended consequences with this bill and said that a candidate could says that he refused money from the Poarch Creek Indians (for an example), but could actually be diverting that money to the party or to the caucus and they could transfer that money back to the candidate.  “We are just funneling money through the party.”

Rep. Ball said that Rep. Ford should talk with the task force. “This is very complicated.  We are going to continue to meet through the summer time.”

Rep. Ford said, “We have both been down here a long time. I am not afraid. I will take money from anybody.”  Ford said that that he feared that the state was going backwards with this legislation.

SB 445 passed by a comfortable 68 to 33 margin.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Health

Alabama’s COVID-19 hospitalizations, cases continue rise

Average daily hospitalizations continue an ongoing increase as cases nationwide surge.

Eddie Burkhalter

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(STOCK PHOTO)

The number of COVID-19 patients hospitalized in Alabama hit 863 on Wednesday, the highest daily count since Sept 4, as average daily hospitalizations continue a steady increase and cases nationwide surge.

UAB Hospital in Birmingham on Wednesday was caring for 72 COVID-19 inpatients — the highest number the hospital has cared for since Aug. 21. 

In the last two weeks, Alabama has reported an increase of 15,089 new COVID-19 cases, according to the Alabama Department of Public Health and APR‘s calculations.

That number is the largest increase over a 14-day period since the two weeks ending Sept. 9. On average, the state has reported 1,078 new cases per day over the last two weeks, the highest 14-day average since Sept. 9.

The state reported 1,390 new confirmed and probable cases Thursday. Over the last week, the state has reported 7,902 cases, the most in a seven-day period since the week ending Sept. 5. That’s an average of 1,129 cases per day over the last seven days.

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Alabama’s positivity rate, based on 14-day case and test increases, was nearly 16 percent Thursday, the highest that rate has been since mid-September.

Public health experts say the positivity rate, which measures the number of positive cases as a percentage of total tests, needs to be at or below 5 percent. Any higher, and experts say there’s not enough testing and cases are likely to be going undetected. 

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“I really won’t feel comfortable until we’re down to about 3 percent,” said Dr. Karen Landers, the state’s assistant health officer, speaking to APR last week

While new daily cases are beginning an upward trajectory, the number of tests administered statewide is not, contributing to the increasing positivity rate. The 14-day average of tests per day on Thursday was 6,856 — a nearly 10 percent decrease from two weeks prior. 

Over the last two weeks, ADPH reported 206 new COVID-19 deaths statewide, amounting to an average of 15 deaths per day over the last 14 days.

So far during the month of October, ADPH has reported 303 confirmed and probable COVID-19 deaths. In September, the total was 373. Since March, at least 2,843 people have died from the coronavirus.

The number of new cases nationwide appear to be headed toward a new high, according to data gathered by the COVID Tracking Project. The United States is now reporting nearly 60,000 cases per day based on a seven-day average. At least 213,672 Americans have died, according to the COVID Tracking Project.

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Courts

U.S. Supreme Court rules Alabama can ban curbside voting

“The District Court’s modest injunction is a reasonable accommodation, given the short time before the election,” the three dissenting justices wrote. 

Eddie Burkhalter

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(STOCK PHOTO)

The Supreme Court, in a 5-3 decision, allowed Alabama Secretary of State John Merrill to ban curbside voting, staying a district court injunction that had allowed some counties to offer curbside voting in the Nov. 3 election amid the COVID-19 pandemic.

The Supreme Court’s majority in its order declined to write an opinion, but Justices Stephen Breyer, Elena Kagan and Sonya Sotomayor’s five-page dissent is included.

The lawsuit — filed by the NAACP Legal Defense and Educational Fund, Southern Poverty Law Center, American Civil Liberties Union, ACLU of Alabama and Alabama Disabilities Advocacy Program — was brought on behalf of several older Alabamians with underlying medical conditions.

“The District Court’s modest injunction is a reasonable accommodation, given the short time before the election,” the three dissenting justices wrote. 

Sotomayor, who wrote the dissent, closed using the words of one of the plaintiffs in the case. 

“Plaintiff Howard Porter Jr., a Black man in his seventies with asthma and Parkinson’s disease, told the District Court, ‘[So] many of my [ancestors] even died to vote. And while I don’t mind dying to vote, I think we’re past that – We’re past that time,’” Sotomayor wrote. 

Alabama Secretary of State John Merrill on Wednesday applauded the Supreme Court’s decision. 

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“I am proud to report the U.S. Supreme Court has now blocked a lower court’s order allowing the fraudulent practice of curbside voting in the State of Alabama,” Merrill said in a statement. “During the COVID-19 pandemic, we have worked diligently with local election officials in all 67 counties to offer safe and secure voting methods – including through the in-person and mail-in processes. I am glad the Supreme Court has recognized our actions to expand absentee voting, while also maintaining the safeguards put into place by the state Legislature.”

“The fact that we have already shattered voter participation records with the election still being 13 days away is proof that our current voting options are easy, efficient, and accessible for all of Alabama’s voters,” Merrill continued. “Tonight’s ruling in favor of election integrity and security is once again a win for the people of Alabama.”

Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Education Fund, expressed frustration after the ruling in a tweet.

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“Another devastating loss for voters and a blow for our team fighting to ensure safe voting for Black and disabled voters in Alabama. With no explanation, the SCOTUS allows Alabama to continue making it as hard as possible for COVID-vulnerable voters,” Ifill wrote.

Curbside voting is not explicitly banned by state law in Alabama, but Merrill has argued that because the practice is not addressed in the law, he believes it to be illegal. 

A panel of federal appeals court judges on Oct. 13 reversed parts of U.S. District Judge Abdul Kallon’s Sept. 30 order ruling regarding absentee voting in the upcoming Nov. 3 elections, but the judges let the previous ruling allowing curbside voting to stand. 

In his Sept. 30 ruling, Kallon wrote that “the plaintiffs have proved that their fears are justified” and the voting provisions challenged in the lawsuit “unduly burden the fundamental Constitutional rights of Alabama’s most vulnerable voters and violate federal laws designed to protect America’s most marginalized citizens.”

Caren Short, SPLC’s senior staff attorney, in a statement said the Supreme Court’s decision has curtailed the voting rights of vulnerable Alabamians.

“Once again, the Supreme Court’s ‘shadow docket’ – where orders are issued without written explanation – has curtailed the voting rights of vulnerable citizens amidst a once-in-a-century public health crisis. After a two-week trial, a federal judge allowed counties in Alabama to implement curbside voting so that high-risk voters could avoid crowded polling locations,” Short said. “Tonight’s order prevents Alabama counties from even making that decision for themselves. Already common in states across the South and the country before 2020, curbside voting is a practice now encouraged by the Centers for Disease Control and Prevention (CDC). It should be a no-brainer to implement everywhere during a pandemic; the Alabama Secretary of State unfortunately disagrees, as does the Supreme Court of the United States.”

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Education

SPLC files complaints in Pike County over suspension of two Black students

Both complaints, filed in Pike County Juvenile Court, ask the court to reverse suspensions of RaQuan Martin and Dakarai Pelton, both Black and former students at Goshen High School. 

Eddie Burkhalter

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(STOCK PHOTO)

The Southern Poverty Law Center on Wednesday filed two complaints with an Alabama juvenile court alleging the Pike County Board of Education arbitrarily suspended two students in violation of their due process rights under the U.S. Constitution. 

“Students across Alabama continue to be excluded from school without regard for their due process rights, leading to unwarranted and unlawful suspensions and expulsions,” said Michael Tafelski, senior supervising attorney for the SPLC’s children’s rights project, in a statement. 

“This is particularly troubling for Black students who are three times more likely to be excluded from school for minor and subjective infractions than their white peers. Education is an important aspect of a young person’s life and the decision to exclude them from school should not be taken lightly,” Tafelski continued. 

Both complaints, filed in Pike County Juvenile Court, ask the court to reverse suspensions of RaQuan Martin and Dakarai Pelton, both Black and former students at Goshen High School. 

The complaints state that on Nov. 22, 2019, both students were approached by the school’s principal “in connection with alleged rumors that a group of students had ‘smoked’ that same day in the parking lot at school.” The principal alleged he had video security footage of them doing so, but wouldn’t show the students the footage, according to the complaints. 

Both boys told the principal that they had not used marijuana, but had both accompanied another student to their car in the parking lot, and both left when the other student showed them what appeared to be drug paraphernalia.

“The students, both seniors at the time, denied the allegations and even took drug tests that showed they had no drugs in their system that day. But the school refused to consider this evidence,” the SPLC said in a press release. 

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The complaints state that the district failed to provide the students proper notice, including details about their charges, evidence of wrongdoing, a meaningful opportunity to be heard or to present evidence of their own and question witnesses during their hearings. 

“Only you know what did or didn’t happen in that vehicle … you dodged a bullet here because we didn’t have the proof that we need,” said one school board member to one of the students during his hearing, according to the complaint. 

“There was no proper investigation at all,” said Shatarra Pelton, Dakarai’s mother, in a statement. “It was unorganized and overblown. The school was unable to produce any evidence other than hearsay.” 

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After a brief hearing, both seniors were suspended for the rest of the school year, missing out on a chance to finish their high school athletics and potentially missing out on college football scholarships as a result, the complaints state. 

Prior to their suspensions, both students had no disciplinary referrals and were making good grades, according to the complaints. 

“On Jan. 13, the students appealed the Council’s decision to the Pike County Board of Education, and the board agreed to consider allowing the students to return to GHS if they participated in drug treatment classes, passed urine and hair follicle drug tests and maintained perfect attendance at the alternative school. After completing all the requirements, the students returned to school on Feb. 21 – three months after their removal,” the SPLC said in the release. 

“He had a rough senior year, to say the least,” said Tasha Martin, RaQuan’s mother, in a statement. “He missed senior night, he missed everything.” 

“They didn’t get to play not one game,” Martin said. “They had some coaches visit them while they were in alternative school but when the coaches found out that they couldn’t go back to school, they stopped coming. Our families were devastated; sometimes me and Ms. Pelton would be on the phone and just cry to each other. It has been really tough.”  

“I want schools to understand that it’s not just a moment you’re ruining, you’re ruining a lifetime,” Pelton said. “With no factual basis, only an unproven accusation, you have just completely deterred a student’s life. Most schools say that they are there for their students, but you are showing them the total opposite.”

Pike County Schools during the 2019-2020 school year referred 49 students to a disciplinary hearing, according to the SPLC. Of those, 48 students were either suspended or expelled, and although Black students made up less than 50 percent of the student population, Black students made up 80 percent of the referrals.  On average, Black students make up 77 percent of all students referred for disciplinary hearings in the district, according to the SPLC.

Both complaints can be read here and here.

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News

Biden urges Democrats to support Doug Jones

In the email, Biden asked voters to split a contribution between the Biden campaign and Jones’s campaign.

Brandon Moseley

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Former Vice President Joe Biden appears at a campaign rally in Birmingham with then-candidate Doug Jones in 2017. (CHIP BROWNLEE/APR)

Democratic presidential candidate Joe Biden on Wednesday asked Democratic donors to support the re-election of U.S. Sen. Doug Jones, D-Alabama.

“I wanted to reach out to you about an old friend of mine: Doug Jones,” Biden said. “You might not believe this, but I met Doug more than 40 years ago, when I was a newly-minted junior senator, and he was in his early 20s, just beginning what would become one of the most impressive and dedicated careers of public service I’ve had the privilege of watching.”

“Doug has devoted his entire career to fighting for justice,” Biden said. “He’s the man who would not rest until the Klansmen who killed four young Black girls in the 1963 Birmingham church bombing were finally brought to justice. Doug has shown us, even in our darkest moments, that hope for the American promise is never lost — and what we can do when we stand united.”

In the email, Biden asked voters to split a contribution between the Biden campaign and Jones’s campaign.

“I need Doug’s help in the Senate,” Biden said. “He’s running neck-and-neck in his race in Alabama right now, and he needs our help to win.”

Biden said this election is “a battle for the soul of our country” and “few places are those stakes as clear as in Alabama.”

“I remember in 2017 when everyone counted Doug out,” Biden said. “When they thought that a message of unity would lose in a state where a long history of division still runs deep. But when I visited Alabama to help Doug, I saw what he saw – Alabama was ready to come together.”

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Biden was an early endorser of Jones in the 2017 special election, when Jones defeated former Chief Justice Roy Moore in that election. Jones returned the favor in the 2020 Democratic primary, endorsing Biden when the former vice president was having difficulty raising money and was polling well behind Sen. Bernie Sanders, I-Vermont.

Jones campaigned hard with Biden in Selma and other campaign stops across Alabama prior to Super Tuesday on March 3.

“His win gave me hope,” Biden said. “I was both honored and proud to have escorted him onto the floor of the Senate and stood behind him when he was sworn in as a United States Senator. And his record has been extraordinary – passing 22 bipartisan bills helping farmers, military families, and those devastated by natural disasters. And in perhaps the most crucial fight of all – our health care – Doug has been there again and again standing up for all of us, especially those with pre-existing conditions. Every time we needed him to stand up for us, Doug Jones was there. I’m going to need Doug’s voice in the Senate. Alabama and America will need Doug’s voice in the Senate.”

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“Doug and I share a vision for a united country – one that puts faith over fear, fairness over privilege, and love over hate. And Doug, his campaign, and his career remind us that it’s a vision we can only realize if we come together,” Biden said.

In an Auburn University Montgomery poll, Biden trails Trump in Alabama by 17 points. Jones trailed former Auburn University head football coach Tommy Tuberville by 12 points. The Jones campaign claims that there has been a tightening of the race since then and it is a statistical tie. The Tuberville campaign disputes that claim.

Republican insider Perry Hooper Jr. said, “Whether it is the AUM poll, the Al.com poll, or internal polls by the (Tuberville) campaign, the margin is between 12 and 18 points in favor of Tuberville.”

The Jones campaign has been inundating the state airwaves with TV and radio ads due to the vast advantage that Jones has had fundraising. More than 82 percent of Jones’ money raised in the third quarter reporting cycle came from outside the state of Alabama.

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