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Bills approved during a special session of the Alabama Legislature this week would allow special elections in four Congressional districts and two state Senate districts, if federal courts lift injunctions on Alabama redistricting following a landmark U.S. Supreme Court decision.
Gov. Kay Ivey called the special session May 1 following an April 29 Supreme Court ruling in Louisiana vs. Callais, which limited the consideration of race as the predominant factor in drawing Congressional districts under the Voting Rights Act.
Bills approved during the special session do not impact Alabama’s May 19 primary elections. Their provisions will only be implemented if federal courts lift injunctions prohibiting the state from drawing new districts before 2030.
HB 1, related to Congressional districts, won final passage Friday in the Senate by a 27-8 vote. SB 1, related to the state Senate, passed the House of Representatives Friday by a vote of 75-29. Gov. Ivey quickly signed both bills into law.
"With this special session successfully behind us, Alabama now stands ready to quickly act, should the courts issue favorable rulings in our ongoing redistricting cases," she said. "I thank the Legislature for answering my call to address the issue in fast order. I am grateful to Speaker Ledbetter and Pro Tem Gudger for their strong leadership and focus this week. Alabama knows our state, our people and our districts best.”
HB 1 Summary (relating to Congressional districts):
- Allows special primary election if federal court lifts injunction
- Does not change date of Nov. 3 general election
- Congressional districts would revert to 2023 map approved by Legislature
- Governor would call special election for Congressional Districts (CD) 1, 2, 6 and 7
- Candidate in special election with most votes would be party nominee
- No primary runoff election would be held
- Does not prohibit parties from choosing nominee by other legal means
CD 1 is an open seat with seven current Republican contenders, including Alabama FarmPAC-endorsed candidate Jerry Carl. Incumbents for other affected districts are Rep. Shomari Figures, D-Mobile, CD 2; Rep. Gary Palmer, R-Hoover, CD 6; and Rep. Terri Sewell, D-Birmingham, CD 7.
SB 1 Summary (relating to two state Senate districts):
- Allows special primary election if federal court lifts injunction
- Does not change date of Nov. 3 general election
- State Senate districts would revert to 2021 map approved by Legislature
- Governor would call special election for state Senate districts (SD) 25 and 26
- Candidate in special election with most votes would be party nominee
- No primary runoff election would be held
- Does not prohibit parties from choosing nominee by other legal means
Sen. Will Barfoot, R-Pike Road, currently represents SD 25 and is running unopposed for the Republican nomination in the court-drawn SD 26. Tabitha Isner is running unopposed for the Democratic nomination in SD 26. Sen. Kirk Hatcher, D-Montgomery, currently represents SD 26 and faces KK Middleton for the Democratic nomination for the court-drawn SD 25. Russell "Ty" Taylor is running unopposed for the Republican nomination in SD 25.
Attorney General Steve Marshall filed an emergency motion in U.S. District Court Tuesday asking the court to lift injunctions blocking Alabama from using its 2023 Congressional district map.
“The Supreme Court has confirmed that the claims that led to the injunctions against Alabama’s map are no longer viable,” Marshall said. “We are asking the court to lift those injunctions so that Alabama can conduct its Congressional elections using the map its legislature lawfully enacted.”
On Thursday, Marshall filed a reply brief with the U.S. Court of Appeals for the Eleventh Circuit urging the court to throw out orders blocking Alabama from using its 2021 state Senate map.
“Alabama’s elections should be decided by maps drawn by the people’s representatives, not by a federal court order built on legal standards the Supreme Court just confirmed don’t apply,” he said.
The State of Alabama has not received a response from the courts. Regardless of the courts’ decisions, primary voting day remains Tuesday, May 19. Federation members are reminded to get out and vote to support FarmPAC’s endorsed candidates.
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