Across the state, lawyers, politicos and candidates are questioning how to deal with the dark money that flowed into the Republican Attorney General’s primary race.
North Alabama Republican activist Thomas J. Scovill is calling for Speaker Mac McCutcheon and the ALGOP steering committee to deny Republican primary winner—appointed Attorney General Steve Marshall—certification because of funds he received from the Republican Attorney Generals Association.
“As Steve Marshall’s campaign finance issue drags on, the embarrassment to Alabama government and the Alabama Republican Party (ALGOP) is growing,” Scovill wrote McCutcheon. “Just as the Alabama Republican Party acted quickly and decisively on the issue of PSC candidate James Bonner’s decorum, now is the time to act decisively on the much more serious issue of lawbreaking by our attorney general.”
At issue is Marshall’s acceptance of $735,000 from RAGA’s 527 nonprofit organizations which Scovill and many others believe is a clear violation of Alabama’s Fair Campaign Practice Act. The state’s Republican legislative supermajority outlawed PAC-to-PAC transfers as part of its reform measures in 2010.
Marshall claims the donations are legal because of a loophole in state law. He also argues that federal law trumps state law in this instance.
“The question of federal jurisdiction raised by Marshall is a red herring,” says Scovill. “When it comes to campaign finance, those who play in federal elections have to comply with federal law, and those who play in Alabama elections have to comply with Alabama law. Those who play in both have to comply with both.”
A thorny advocate for campaign finance transparency, Scovill has fought and won several battles against those who tried to skirt the state’s FCPA.
During the primary election, Scovill backed outsider Chess Bedsole in the Republican Attorney General’s contest. In the runoff, he supported Marshall until he discovered the RAGA contributions.
“My choice for attorney general was Chess Bedsole,” said Scovill. “And just after the primary, I endorsed Steve Marshall, but then when I got back from a two week trip to Colorado on the Thursday before the runoff, I got caught up in all this PAC-to-PAC and 527 stuff and said, ‘Oh gee, I should have put some time into this back in February.’”
Marshall won the Republican nomination for Attorney General against Troy King who made the same accusation as Scovill. Montgomery County Judge James Anderson dismissed King’s petition to force Marshall to stop using RAGA funds, but that doesn’t mean the matter is settled.
Several legal minds say that Judge Anderson was wrong in his ruling. There are also those who want the issue decided before Marshall’s exception becomes a rule that opens the floodgates for out-of-state PACs to flood the state with dark money from hidden sources.
“Even with a preliminary review by the Alabama Ethics Commission, this controversy cannot be adjudicated through the office of the Alabama Attorney General for obvious reasons — Marshall is the incumbent attorney general,” writes Scovill. “With his nomination by the ALGOP pending, we are out of time for legal quibbles, alibis, and antics.”
In both his letter to Speaker McCutcheon and ALGOP, Scovill references PSC candidate James “Jim” Bonner who the Republican Party disqualified shortly before the primary.
As APR‘s Brandon Moseley reported in June, “Numerous voices in the party have expressed their concerns that Bonner being on the ticket could be an embarrassment that could turn out Democrats jeopardizing and drag down other races up and down the ticket.” The Alabama Republican Party Candidate Committee voted not to certify election results for Bonner even though he was already on the printed ballots. At the time, ALGOP Chair Lathan said, “When our state party chooses to take these steps, it is a serious and rare occurrence. We strongly believe that this is one of those solemn moments. This vote was carefully considered and was not taken lightly.”
Scovill contends the Republican committee must do the same with Marshall. “Marshall is embarrassing the Alabama Republican Party by violating both the spirit and letter of Alabama law,” wrote Scovill. “Republicans are responsible for pressing for enforcement of the law, enforcement which includes impeaching Attorney General Marshall if necessary. Ignoring the issue will create a major controversy Democrats will exploit in the coming general election to the detriment of every Republican on the ballot.”
In August, the State’s Ethics Commission will likely weigh-in on Scovill’s question — finding that RAGA’s actions were unlawful, but it’s the Republican Party that will ultimately have final say on if the PAC-to-PAC transfer ban applies to Democrats and Republicans alike.
Opinion | Doug Jones’s pathway to victory: Substance over lies
Jones said his work in the Senate should prove to the people of the state that party matters less than productivity.
Alabama Sen. Doug Jones believes voters will ultimately see through Tommy Tuberville’s lazy campaign and lies, and that enough of them will be moved by his work over the last two years to send him back to D.C.
Jones’ comments came during a lengthy interview on the Alabama Politics This Week podcast. He also discussed his plans to address some of Alabama’s most pressing issues and also praised Sen. Richard Shelby, an Alabama Republican.
But it was Jones’ comments about Alabama voters — and whether too many of them are incapable of moving away from the Republican Party — that were most interesting. Jones still believes there are open-minded voters in the state, and that there isn’t enough attention being paid to polls showing a growing dissatisfaction in Alabama with President Donald Trump.
“There are a number of things that Donald Trump has done that people (in Alabama) don’t agree with,” Jones said. “There are a number of things that he’s done that’s hurt Alabama and that they’re not OK with. That’s where I come in.”
Jones said his work in the Senate, where he’s sponsored the most bipartisan legislation over the last two years, should prove to the people of the state that party matters less than productivity.
“I tell everyone, you owe it to yourself to look at every candidate and every issue,” Jones said. “I do that. I’ve been a Democrat all my life but I don’t think that I have ever pulled a straight lever. Because I look at every issue. I will tell you that there have been times that I didn’t vote for people who are Democrats for whatever reason — I just couldn’t do it. I think we owe it to ourselves to do that.”
Jones had the perfect example to drive the point home.
“Y’all all know our state auditor, Jim Zeigler? Jim wasn’t always a Republican. Jim’s first runs for office were as a Democrat.
“I rest my case.”
You can listen to the full interview at the Alabama Politics This Week website, or you can subscribe to the podcast on Apple Podcasts, Google Play, Spotify or wherever you get your podcasts.
Trump to visit Pensacola tonight
Trump is making a push in Florida in the final weeks of the election, and Northwest Florida is part of his strategy.
Neither presidential candidate is likely to visit Alabama before the general election, as both campaigns accept that Alabama will be certainly in President Donald Trump’s camp on election day no matter what else happens. While Alabama is not a swing state, Georgia and Florida are both in play, and both campaigns are devoting enormous resources there.
Trump is making a push in Florida in the final weeks of the election, and Northwest Florida is part of his strategy. Trump will be just across the Florida-Alabama state line visiting Pensacola and is scheduled to address supporters at the ST Engineering hangar beginning at 7 p.m. CT.
The doors open at 4 p.m. and the event begins at 7:00 p.m.
The president’s rally tonight comes right after a visit to Pensacola last week by Second Lady Karen Pence and is one of many Florida campaign events planned for Trump and Vice President Mike Pence.
Trump arrived in Florida after Thursday’s final presidential debate with Joe Biden. He is scheduled to hold a campaign event in The Villages before traveling to Pensacola. The president will spend the night at his Palm Beach resort Mar-a-Lago and will vote early Saturday.
The vice president will hold rallies in Lakeland and Tallahassee on Saturday. Florida has 27 electoral college votes. It would be very difficult for Trump to get the 270 electoral college votes necessary to win without winning Florida.
Democrats warn that attending a Trump rally could be dangerous due to the coronavirus threat.
“The last thing Floridians need is for Donald Trump to host more potential superspreader rallies across our state,” Florida Democratic Party Chairwoman Terrie Rizzo said in a statement on the rally in Pensacola. “What we do need, however, is a president capable of putting Floridians ahead of his own self-interest and get this pandemic under control.”
Most recent polls have Trump trailing Biden in Florida. Tickets are required to attend the rally.
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.
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.
“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.
“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.”
Congressional candidate James Averhart endorsed by list of U.S. dignitaries, retired military leaders
The 1st Congressional District Democratic candidate has been endorsed by a list of retired U.S. dignitaries and retired military leaders, his campaign said Wednesday.
James Averhart, the Democratic candidate in Alabama’s 1st Congressional District and a retired U.S. Marine, has been endorsed by a list of retired U.S. dignitaries and retired military leaders, his campaign said Wednesday.
“James Averhart is an integral leader — a man of principles and a patriot. He is the best choice to represent District One on The Hill,” said Ambassador Theodore Britton, a World War II Veteran who was nominated by President Gerald Ford to serve as U.S. ambassador to the island nations of Barbados and Grenada.
Retired U.S. Marine Corps Lt. General Walter E. Gaskin, who served as commanding general of the 2nd Marine Division at Camp Lejeune, North Carolina, said Averhart is experienced in matters of government and policy and understands the lay of the land in Washington D.C.
“He will be ready to hit the ground running to get things done for the district, and moreover, be that bridge to unite the parties in Congress as well as the nation,” Gaskin said in a statement.
“James Averhart is a strong dynamic leader who will get the job done. He is meticulous and a consummate professional that will advocate and work for all citizens of our district and Alabama,” said Ambassador J. Gary Cooper, a retired Marine Corps major general who was nominated by President George H.W. Bush to serve as assistant secretary of the Air Force, Manpower and Reserve Affairs, and was nominated by President Bill Clinton to serve as U.S. ambassador to Jamaica.
“At a time when it seems that the Republican leadership is in lockstep with a president, who considers those in service to our great nation to be ‘suckers’ and ‘losers,’ is antithetical to what this country needs. We have over 30,000 citizens hospitalized and over 211,000 deaths due to coronavirus, which could have been prevented with sound, methodical leadership. We have been disappointed by this President and the Republican leadership standing with him. It is time for substantive change in our Nation’s Capital,” Averhart said.
“The American citizenry deserves and expects more of its leadership. We should no longer settle for those who continue to promulgate untruths and spew divisive rhetoric. We deserve leadership who will extol the truth and hold in high regard a united nation,” Averhart said.
Avergart’s Republican opponent in the Nov. 3 election is Mobile County Commissioner Jerry Carl.
The following are a list of Averhart’s endorsements, according to his campaign:
Ambassador Theodore Britton
- Nominated by President Gerald Ford to serve as U.S. Ambassador to the island nations of Barbados and Grenada
- Served as the U.S. Special Representative to West Indian island nations of Antigua, Dominica, St. Christopher, Nevis, Anguilla, St. Vincent, and St. Lucia
Ambassador J. Gary Cooper
- Vietnam Veteran and Retired U.S. Marine Corps Major General
- Nominated by President Bill Clinton to serve as U.S. Ambassador to Jamaica.
- Nominated by President George H.W. Bush to serve as Asst Secretary of the Air Force, Manpower and Reserve Affairs.
Lieutenant General Ronald L. Bailey
- First African American to command the 1st • U.S. Marine Division
- Served as Deputy Commandant for Plans, Policies and Operations, U.S. Marine Corps.
- Retired in 2017 following 41 years of service.
Lieutenant General Walter E. Gaskin
- Served as Commanding General of the 2nd Marine Division at Camp Lejeune, NC Served as Commanding General, Marine Corps Recruiting Command, Quantico, Virginia
- Served as Chief of Staff, Naval Striking and Support Forces-Southern Europe
- Served as Deputy Commanding General, Fleet Marine Forces-Europe in Naples, Italy
Major General Cornell A. Wilson, Jr.
- Served as Director, Reserve Affairs Division, Manpower and Reserve Affairs – Headquarters, U.S. MArine Corps, Quantico, Virginia.
- Appointed by Gov. Pat McCrory, NC, to the position of Secretary of Military and Veterans Affairs.
Lieutenant General Willie J. Williams
- Served as Director of the Marine Corp Staff
- Retired in 2013 after serving 39 years in the U.S. Marine Corp.
Brigadier General John R. Thomas
- Served as Director for Command, Control, Communications and Computers, U.S. Marine Corps.
- Served as Director and Chief Information Officer, U.S. Marine Corp.