Warm Southern Breeze

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Posts Tagged ‘ADEC’

History Repeats Itself: How Alabama’s Anti-Crossover Voting Law Violates the Constitution

Posted by Warm Southern Breeze on Monday, December 10, 2018

Alabama Political Reporter news writer Brandon Mosely wrote in a story headlined “Alabama secretary of state releases updates on crossover voting,” and published December 7, 2018, that “the Secretary of State’s office announced Thursday that it has discovered 398 violations of Alabama’s new crossover voting rules in the 2018 election cycle.

“At the conclusion of the 2017 United States Senate Special Election Run-off, the Alabama Secretary of State’s Office reviewed a formal, routine election report indicating that 140 individuals had been given credit for voting in the Democrat primary election on August 15th and then voting in the Republican run-off election on September 26. This action, termed crossover voting, is an action which would violate the State’s new crossover voting law (Act No. 2017-340).

“… under Alabama law it is illegal to vote in both a party primary and then vote in another party’s primary runoff. In the general election, voters are allowed to vote for candidates from both parties and/or independent or minor party candidates. 66 percent of Alabamians straight party voted in the 2018 election. Alabama does not have party registration, so any voter is allowed to participate in the party primary of their choice.”

He cited Act No. 2017-340, which as summarized on the state legislature’s website as, “Act 2017-340, SB108, amends Section 17-4-2.1, Code of Alabama 1975, relating to voting, to allow the Secretary of State to use electronic poll books instead of printed lists of qualified voters.  The act also prohibits any voter from voting in a primary runoff election unless the voter voted in the preceding primary election of the party for which the runoff election is being held.”

A PDF image of the actual document, which was signed by the Governor Kay Ivey, May 22, 2017, 1:30PM, may be found here>http://arc-sos.state.al.us/PAC/SOSACPDF.001/A0012111.PDF.

The act, which originated as SB108 (Senate Bill) and was sponsored by Senators Tom Whatley, Cam Ward, Clyde Chambliss, Tripp Pittman, Bill Holtzclaw and Senate President Pro Tempore Del Marsh – all Republicans – states in part that the law will “prohibit a voter from voting in a primary runoff election unless the voter voted in the preceding primary election of the party for which the runoff election is being held.”

The purpose of the bill (now law as Code of Alabama 1975,17-4-2.1(9)) was ostensibly to Read the rest of this entry »

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