Bentley Rejects Zeigler Request, Will keep U.S. Senate Special Election Nov. 2018

Attorneys for Gov. Robert Bentley have rejected a request by State Auditor Jim Zeigler to set a special election soon to replace Jeff Sessions in the U.S. Senate.

Legal adviser David Byrne told Zeigler the Governor will continue with his announced intention to hold off on a special senate election to Nov. 2018 to coincide with the next election.

Zeigler had filed a written request with Bentley January 11 objecting to Bentley’s announcement that he would set a special senate election on the same date as the regular elections in Nov. 2018.  Zeigler cited a code section that the only way a special election could be delayed to the next regular election would be if a senate vacancy occurred within four months of the next regular election.

Senator Jeff Sessions is expected to be confirmed as U.S. Attorney General today, making a Senate vacancy about 22 months before the next regular election.  Zeigler says, “22 months is not even close to the required four months to delay the special election to the next regular election.”

Byrne said Zeigler’s request was “unconstitutional, would violate federal civil rights law, and would deny our overseas soldiers the right to vote.”

Zeigler called that statement “simply absurd” and says holding the election before Nov. 2018 “does none of those things.  There is ample time to set up a special election soon.  For example, a special election was just held for a house vacancy in Dallas County, and there was plenty of time to meet all laws.  The excuses for delay are fake objections by the governor’s lawyer who gives political advice instead of legal advice.”

Zeigler said “Bentley wants to give his appointee to the U.S. Senate 22 months of incumbency before having to face the voters.  The voters of Alabama deserve and legally should get the people’s choice for U.S. Senator, not a Bentley appointee for almost two years.”

“This is just the latest example of the bold arrogance of the Bentley administration,” Zeigler said.

Zeigler predicted Wednesday “the governor will face a lawsuit if he illegally delays the U.S. Senate election to November 2018.”

He also predicted “the people of Alabama will rise up and defeat the Bentley appointee to the U.S. Senate.”

“How would you like to run as the Bentley appointee?  My own wife Jackie Zeigler just ran against a Bentley appointee to the State School Board. She won 62% to 38%.”