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Josh Moon

Opinion | The plot to kick a GOP school board candidate off the ballot

Josh Moon

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Larry Lee is no stranger to Alabama politics, especially in education circles.

For going 50 years or so now, Lee has been involved in state government — a member of the Alabama Republican Party — and writes a popular education blog. He’s been a thorn in the side of many elected officials, and the voice and advocate for more teachers, principals and students than you could probably count.

That’s why so many teachers and administrators talk to him, and send him information. I do a little reporting on state education issues myself, and I’m consistently amazed at the volume of education info Lee is able to gather in a short period of time.

There is no one who knows more about education, particularly from a policy standpoint, than Larry Lee.

And all of that makes what happened this past weekend all the more … odd? Infuriating? Downright shameful?

Let’s go with downright shameful.

Lee is running for the Montgomery County School Board, where his wisdom and level head would be a godsend. And he’s running as a Republican, since he’s been a pro-public education Republican for years. (He was a member of the Jefferson County GOP Executive Committee in the 1960s, for God sakes.)

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Some Republicans are trying to toss him off the ballot.

Why?

Well, the official reason, given by Perry Hooper Jr., a member of the GOP State Executive Committee and president of the Least Popular People on Earth Club (only one of those is real, but both should be), is that Lee once took money from the Alabama Education Association.

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If this is a disqualifier within the state GOP, congrats Democrats, almost all of the Republicans have to drop out. Including Perry Hooper Jr.

But it’s not a real reason. It’s a ploy.

It’s a lame ploy to move a less business friendly candidate out of the race. It’s yet another scam in a seemingly never ending series of scams regarding the takeover of Montgomery’s schools. And it’s a con game to grease the rails for charter schools.

While Lee isn’t exactly anti-charter schools, he is anti-abandoning struggling public schools. And abandoning Montgomery’s struggling schools is something every Republican in and around Montgomery — from the mayor to the council to the business owners — seem perfectly willing to do.

It’s a disgrace what has happened to Montgomery’s schools, and it’s an even bigger disgrace to watch this bunch of clowns trip over themselves to apply yet another “fix” that will leave the poorest students — most of whom are black — stuck in underfunded, awful schools.

And to make sure they can get away with it, they’re pulling stunts like trying to remove candidates from the ballot.

Luckily, sources told APR that the chairwoman of the Montgomery GOP, Pat Wilson, isn’t buying Hooper’s stories. Lee jumped through all of the initial hoops, including going before the county executive committee and submitting the required paperwork. That committee unanimously approved him.

The sources said Wilson informed Hooper that the decision of the committee was good enough for her. And good for her. 

Let’s hope that holds. A source said a complaint has been filed with the GOP state executive committee about Lee’s candidacy. 

It should follow the same path as Wilson and leave Lee on the ballot. And leave Montgomery voters with a decent option.

 

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Opinion | Ethics are dying and you don’t care

Josh Moon

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Alabamians don’t care about ethics. 

Just admit it. Or, actually, don’t even bother admitting it, because the evidence is quite clear. 

You don’t really care that much. 

Oh, sure, you say you do. Each election, when the pollsters start making calls asking you to rank what’s most important to you, you list ethics right up at the top. In most cases, it’s the No. 1 issue for voters, according to the polls. 

But that’s BS.  

Your supposed love of ethics is a facade. It’s something you say because you think you’re supposed to say it. But deep down, it’s like bottom five on your list. 

And I know this because I see who you vote for. 

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I see how you fail to punish those who abuse ethics laws, who skirt the rules of campaign finance, who seek to constantly roll back the protections put in place to ensure your government operates fairly and plays favorites as little as possible. 

Not a single person who has attacked Alabama ethics laws or who has been accused of violating campaign finance laws or ethics laws has lost an election in this state in recent years. 

Some have gone to jail and been forced to resign, but conservative voters in Alabama have sent exactly zero bad actors packing. And if we’re honest, I think we all know that Mike Hubbard — the face of political corruption in this state — would likely win his old House seat back if he ran in the next election.

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Because you care more about the R beside the name of a candidate than you do about the quality of the candidate. 

Don’t dispute this. 

In 2018, when Republicans in the state legislature carved out massive loopholes in the ethics laws, despite corruption prosecutors raising red flags, not a single person who voted for that monstrosity paid a political price. In fact, Republicans who were thought to be vulnerable won easily, despite their support of a bill that went against what was allegedly voters’ top priority. 

In that same election cycle, Attorney General Steve Marshall, who clearly seemed to have accepted campaign funds that violated Alabama laws, won easily. In the primary, when GOP voters could have chosen another Republican — one with a history of fighting public corruption — they still chose the establishment Republican, and turned a blind eye to sketchy ethical behavior. 

The sketchy ethical behavior of the state’s top law enforcement officer.

If you don’t care about that, there’s not much left. 

And so, here we are now, with one GOP hack after another whittling away at the ethics laws each and every year. 

A couple of years ago, we made broad exceptions for “economic developers.” Even as the most sensible and independent members of the ALGOP screamed bloody murder over the extra large loopholes. 

Last year, Sen. Greg Albritton tried to essentially remove ethics altogether, with a rewrite bill that was so shockingly brazen that even the party leadership had to turn its back on it. 

And this year, there are two more attempts to weaken the laws. 

One is from Rep. Mike Ball, who is one of Hubbard’s oldest and bestest pals, and a guy who has wanted to rewrite the ethics laws ever since his good buddy was sent to rich-white-guy’s prison in Alabama. Which is to say Hubbard is out on bond on appeal forever. 

Ball’s latest bill might just challenge Albritton’s for the most shamefully obvious attempt to undermine ethics laws. Except, instead of rewriting the laws, he just removes the portions that allow district attorneys and the AG’s office to prosecute them. Unless the charges go through the Ethics Commission first. 

So, the commission that is appointed by the legislature would be the only group that could bring ethics charges against the legislature.

A fox appointed by other foxes to guard the hen house. 

But we don’t stop there. 

In addition to Ball’s bill, there’s also one from Sen. Garlan Gudger that would get the revolving door swinging again. 

As part of the 2010 ethics reform package, lawmakers were prohibited from leaving their elected positions and accepting lobbying work for a period of two years. Gudger’s bill would carve out an extensive exception, allowing for former public employees to return to their old job — or ANY OTHER public position — and immediately start lobbying. 

Because, you know, just the other day, I passed by a group of people talking on the street about the things that really need fixing around this state, and their top issue was how unfair it was that these folks couldn’t work as lobbyists immediately. 

This is pathetic. 

These are people carving out exceptions for themselves and their buddies — working to rig the game so they can keep sucking up public dollars and making sure hefty contracts go to their pals. It’s government handouts for the wealthy and crooked. 

And you’d be outraged about it. If you cared at all.

 

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Josh Moon

How Alabama’s government stays broken

Josh Moon

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It doesn’t take a rocket scientist — or even any kind of scientist — to figure out that Alabama’s state government is broken. 

I mean, really, just look around. At the poverty, the poor education, the racism, the arrested public officials, the in-your-face public corruption and the complete disregard for the welfare of the majority of the people in the state. 

But, while the overall awfulness of Alabama’s governance might be easy to diagnose, the underlying causes — the daily examples that explain just how it stays so broken — are far harder to put your finger on. Because they are mostly wrapped up in mundane occurrences that take place within the walls of the State House or the capitol or the Supreme Court chambers or some other government building. 

Things like SB117/HB140. 

Those are the official names for a bill in both the senate and house that will “clarify existing law relating to disposal of solid waste.” 

Sounds innocent enough, right? Just gonna get this minor landfill situation straightened out. No biggie. 

Ah, but see, SB117/HB140 is the prime example of Alabama’s broken government. 

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It is the prime example of how your lawmakers aren’t working for you. It is the perfect encapsulation of everything that is wrong in this state.

Basically this landfill bill would make it OK to cover existing landfills with artificial covers, instead of the six inches of earth that is currently required. 

Now, this still doesn’t sound like a big deal. And it won’t be one if you don’t mind third-world diseases, the smell of rotting meat, frequent fires, coyotes and feral dogs roaming your streets and rats. Lots and lots of rats. 

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Applying six inches of earth each day to cover the garbage dumped at landfills prevents those things, the EPA figured out long ago. And it set those parameters in the rules it recommends to states. Alabama agreed, and the state adopted that rule, along with others, into law several years ago. 

Regular landfills have to cover with six inches of earth every day. Construction landfills have to do so once per week. 

This is a simple law. 

But if you operate a landfill, it’s an expensive one. And a time consuming one. 

Ah, but luckily, those laws are environmental laws. And in Alabama, we figured out long ago that environmental laws can be cumbersome and expensive, so we set up a bit of a … let’s just call it a workaround. 

The Alabama Department of Environmental Management. 

You’ll find we do this a lot — set up an entity that lies somewhere between the laws and the enforcement of the laws whose only job it seems is to give free passes to the bigwigs and corporations who violate those specific laws. 

We do it with the Ethics Commission. With the Public Service Commission. And with ADEM. 

It’s genius, really. The laws are still on the books and no one has to overtly roll back protections that would lead to rotting garbage attracting disease carrying rodents by the thousands. 

Instead, just get ADEM to quietly stop enforcing the law. 

Which is exactly what ADEM has done in this case. It was allowing landfills all over the state to cover garbage with tarps and various other materials. The tarps and other covers inevitably got holes in them, and a Noah’s Ark-level of animals descended upon the landfills to dine and spread the garbage all over adjoining neighborhoods. 

The neighbors, tired of the smell and the disease and the roaming animals, sued, citing in their legal filing horror stories of living near these maggot farms that smelled like death. 

They sued ADEM for failing to do its job, and for essentially rewriting the law to allow businesses to do whatever they wanted to do. 

And lo and behold, the Alabama Court of Civil Appeals agreed with them. In a lengthy, detailed decision entered last October, the five-judge panel noted that ADEM didn’t have the authority to rewrite the law. 

The case is now before the Alabama Supreme Court, but everyone knows that the Appeals Court judges are correct. 

But why bother with trying to win over judges when you can instead just change the laws through the crooks in the Alabama Legislature? 

And so, here we are, with a handful of lawmakers in both chambers of the legislature willing to attach their names to legislation that will allow businesses to ignore the standards imposed by the EPA, ignore the standards that are commonplace in most other states and change Alabama law to benefit a handful of landfill owners at the expense of thousands of Alabama citizens. 

And this, kids, is how Alabama’s government stays broken.

 

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Elections

Opinion | It’s time for Alabama Democrats to learn from Alabama Republicans

Josh Moon

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Democrats never seem to learn from Republicans. 

All around the country, and all around the state of Alabama, Democrats are still playing by the rules. Still listening to the cries and outrage from the other side. Still entertaining the idea that compromise and diplomacy are important to Republicans on some level. 

Still watching Lucy jerk that football away at the last moment. 

It’s time that stopped. 

It is time — actually, well past time — for Democrats to adopt the attitudes of their GOP colleagues, and just do whatever the hell you want to do. 

Whatever goal you set, go achieve it. Whatever policy is important, implement it. Whatever action you believe is right, take it. 

This is how Republicans have governed now for years. It is how they have wrestled control of the U.S. Supreme Court — just don’t hold a hearing for a duly appointed candidate — and how they have stolen elections — keep blocking attempts to secure elections. It is how they control half of Congress — thanks, gerrymandering! — despite representing nearly 20 million fewer people and how they have managed to offset a growing minority vote — put up every roadblock short of a poll tax. 

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In Alabama, it has how they adopted the AAA act to funnel tax money to private schools — just completely rewrite the bill in the dead of night — and how they passed the most restrictive abortion ban — just ignore promises and public opinion. It is how they have stopped attempts to pass gambling legislation — by straight up lying about the law — and how they have steadily cut into ethics laws — pretend that no one can understand the laws they wrote themselves — and how a House Speaker convicted on 12 felonies still isn’t in prison three years later — just don’t send him. 

They don’t care. 

About rules. About the law. About public perception. About basic decency. 

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And it’s time for Democrats, especially in Alabama, to adopt the same attitudes. 

Because if Republicans can behave this way to implement racist bills and roll back ethics laws and protect the income of the elites, then Democrats shouldn’t think twice about doing it to protect rural hospitals or new mothers’ health or workers’ rights or decent public schools. 

Now, this will be a big change for Democrats, so let me explain how this would look in practice, using the ongoing saga of Confederate monuments. 

Republicans shoved through an absurd bill last year that protects the state’s monuments to those who fought to enslave other human beings, and they’re shocked — shocked and outraged — that African Americans in Alabama might find it offensive to honor the men who enslaved their ancestors. 

The bill they passed last year was a dumb bill, right down to the portion which levied a fine on cities if those cities removed or damaged a monument. The bill completely screwed up the fines portion, failing to penalize cities for moving or damaging monuments over 40 years old and failing to place a per-day fine on those cities. Instead, the Alabama Supreme Court said the cities would be subject to one $25,000 fine. 

Birmingham has a monument that it desperately wants to move. It has already boarded up the monument in Linn Park, and the ALSC, in the same ruling, ordered the boards to come down. 

And this is the first opportunity for Mayor Randall Woodfin to approach this with a new attitude. 

Tear it down. 

Write out one of those big “Price is Right” checks for $25,000, hold a press conference and award that money to Steve Marshall like he just won at Plinko. 

At the same time, workers should be taking that monument apart piece by piece and moving it to the Birmingham Civil Rights Institute, where it can be viewed for its historical significance instead of serving to honor traitors and racists. 

No apologies. No shame. Don’t even entertain their complaints. 

A similar approach should be taken by the city of Montgomery in regards to its occupational tax, which Republicans are attempting to stop through legislative action. 

Montgomery is going broke, and it can’t put enough cops on the streets. Part of that is because every day about 70,000 people flood into the city to go to work, and then they leave each afternoon and spend their money in — and give their tax dollars to — surrounding cities and counties. 

Montgomery has to do something to offset the costs, so an occupational tax has been proposed. But just as quickly as it was, the ALGOP — the kings of handouts to people who don’t need them — passed a bill to block it. 

So, some creativity is required.

Instead of an occupational tax, pass a public safety tax. 

If you work within the city limits of Montgomery, but live outside of those city limits, your paycheck will now be taxed an extra 1 percent to offset the cost of the police and fire services that you might use while in the city every day. 

No apologies. No shame. Don’t listen to GOP complaints. 

It’s a shame that things have to be like this, but they do. Democrats have tried for decades to force rational debate and to promote the value of compromise. Those pleas have fallen on deaf ears, which have been attached to toddler-like brains that have justified atrociously selfish behaviors and awful governance. 

At this point, it has gone on so long and been so successful for Republicans, the only thing that might break through is a taste of their own medicine. 

Give it to them.

 

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Elections

Opinion | Voter suppression is still a deciding factor in Alabama elections

Josh Moon

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John Merrill is going to write me a snarky letter, and that’s OK. 

I’m going to write a snarky column about Alabama’s voter suppression — and Merrill’s role in it — and I don’t write these things expecting everyone to agree. I write them so at least a few people will at least consider that the way things are in this state aren’t the way they have to be. 

And nowhere is that more true than with Alabama’s access to the ballot box. 

Now, before Merrill and the other rightwing hacks start banging out replies, let’s get a few things straight. Because while all of them will be entitled to their own opinions, they won’t be entitled to their own facts. 

A standard response from the right whenever these matters of ballot access pop up is to demand to know the identity of a single person who lacks the ability or necessary access to be able to vote. Name someone, Merrill loves to say, and I’ll go to their house and make sure … blah, blah, blah. 

But this is not the point, and they know it. 

As the Southern Poverty Law Center points out in a new report, what Alabama lawmakers have done is to place speed bumps between voters and the ballot in the hopes that with enough speed bumps they can discourage certain targeted groups from voting. 

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That’s the point of Alabama’s voter ID law. And it’s not hard to prove. 

Correspondence between lawmakers in North Carolina — which has ID laws that Alabama lawmakers essentially copied — laid bare just how targeted and intentionally suppressive the ID law was in that state. A federal judge wrote that it targeted black voters with “surgical precision.” 

The same thing is happening here. Because the same laws are being used here. 

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ID laws largely target poor, minority communities and young people, and they establish a barrier between those would-be voters and the polls. They also do absolutely zero to prevent fraud in this state. 

It doesn’t matter how many roving caravans Merrill and his staff set up to get IDs to people. The fact remains that thousands of people are being forced to take an extra step, and/or pay extra money, to cast a legal vote. 

Under our old system, which allowed dozens of different forms to establish a voter’s ID, we had zero issues. In fact, in the last 30 years, there has been one instance in which a voter’s identity was stolen and an illegal ballot cast. And that one instance was caught and prosecuted. 

Whenever a solution to a problem that doesn’t exist is implemented into law, you can bet that the goal wasn’t to actually solve a problem. It was to create one for someone else. 

Alabama doesn’t stop there. 

In addition to a worthless ID law, we also don’t offer same-day — or even same-week — voter registration. Instead, the deadline to register is 14 days prior to an election, which, in this cyber world where everything is handled by computers, is an eternity. 

It used to be just seven days. But after the Voting Rights Act was gutted a few years ago, Alabama lawmakers took the opportunity to target a handful of different groups. They got minority voters with the ID laws, and they took aim at young voters by toying with the registration laws. 

Young voters tend to procrastinate and tend to be driven by their peers. As the hype around an election grows, the more interested they become.

And since young people tend to vote for Democrats, well, I think you see how we got here. 

That’s not all. 

There is also no automatic voter registration in Alabama, which makes no sense with the voter ID law in place. If you have the proper ID, why in the world couldn’t you register online and go vote the same day? Why couldn’t you fill out the registration form at the polling place? 

None of it makes any sense, unless, of course, your goal isn’t to make the process of registering to vote as easy as possible, but is instead to deter certain groups of people from casting a ballot. 

To be clear, I don’t necessarily blame Merrill for any of this, and you shouldn’t either. As far as Republican secretaries of state go, he hasn’t been that bad, and has on many occasions gone out of his way to offset the negative effects of these suppressive laws. 

That said, voting and ballot access is within the purview of the SOS’s office, and as such, Merrill has a duty to speak up when unfair laws are passed and implemented. He has a duty to correct injustices in the state’s voting processes, and he has a duty to inform the Legislature when laws they pass are having a negative effect. 

It doesn’t matter the percentage of people that Merrill’s office has registered to vote, or how many registrations he’s managed from his caravan. 

The goal is fair elections. And Alabama’s are far from it.

 

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