Today’s hearing was a procedural battle of wills. In one corner, Raymond Johnson, attorney for Mattie Childress, Gaynell Hendricks’ mother-in-law. In the other corner, Ed Still and Bobby Segall, attorneys for Patricia Todd. The crowd was larger than last week’s and appeared to be fairly evenly divided by candidate. Unfortunately, it was almost completely segregated by race. After all the accusations, it came down to whether a 1974 party rule that has not been enforced for years should take precedence over the 1988 state law that superceded it.
The 1974 party rule requires all candidates to file financial disclosures with the Democratic Party. It also states that the party cannot certify a nominee who does not file the report before the set deadline. The 1988 Fair Campaign Practices Act requires candidates to file financial disclosures with the Secretary of State’s office. The Supreme Court has ruled that a candidate who files after the statutory deadline but before the election may face a fine but will not be disqualified. Only a candidate who fails to file at all or files on or after election day will face disqualification. While neither candidate filed financial disclosure forms with the state Democratic Party, Ms. Hendricks’ attorney insisted that Patricia Todd should be disqualified because she did what every other candidate did and filed her forms with the Secretary of State’s office – as required by state law. Executive Director Jim Spearman testified that no candidate filed financial disclosures with the party.
The original contest filing referenced the state law and challenged Patricia’s victory on that basis. An amended contest was filed after the statutory deadline that changed the grounds for the challenge to party rules, and Ed Still made a motion that the amended contest filing be dismissed. It’s currently under advisement, along with everything else.
Fairly early in the proceedings, both sides agreed to drop any dispute over the vote totals certified by the party and the Secretary of State’s office. Patricia’s 59-vote advantage stands. They also dropped any challenge based on confusion over endorsements. If you’re following along in the original contest filing, that means paragraphs 1, 2, 3, 6, 7, 8, and 9 were rendered moot. Paragraph 4 was the only one still in contention (there is no paragraph 5).
So the question for the subcommittee was whether it will selectively enforce a rule that has been superceded by state law. Ed Still made a motion that the subcommittee dissolve itself since all of its members had been on the ballot and no member had complied with the rule. His motion was denied.
Ms. Hendricks’ attorney didn’t seem to get the point that disqualifying Patricia based on the old party rule would also disqualify Ms. Hendricks, not to mention that it would disqualify virtually the entire Democratic slate.
Ed Still made it clear in his closing that he knows Ms. Hendricks has powerful supporters, but he appealed to the committee to respect the will of the people. Bobby Segall reminded us that the party has suffered from the perception that elections can be overturned on the whim of a few people.
Jerome Tucker, who was by far the most vocal committee member and appeared to be biased toward Ms. Hendricks, disputed the contention that the Democratic Party had abandoned the rule on financial disclosures in favor of following state law. He kept saying that the law is the law, and it can’t be superceded unless it’s officially changed. Mr. Segall pointed out that Amendment 111 technically remains the law of Alabama. That amendment gives a parent the absolute right to refuse to send his or her child to school with children of another race. I believe it was superceded by Brown v. Board of Education.
The Hendricks people are asking for selective application of a rule that hasn’t been used in eighteen years, and Bobby Segall made it clear that we all realize this is about race. He asked us not to sweep that under the rug. He asked, “What are we going to look like if we overturn a fair election?” He asked the committee members to act like Democrats and stand up for voting rights.
The committee adjourned the hearing around 5 pm and started its deliberation. Patricia’s attorneys expect that they will reach a decision tonight, and Mr. Segall made it clear that he thinks today’s hearing was a setup. He expects the dispute to go to court. Goody. More bad press for Alabama and the Democratic Party.
Committee members included Amy Burks (state party vice-chair), Darrell Sinkfield, Jerome Tucker, Monica Arrington, and Glenn Allen. We were not given a written list, so I make no promises on the spelling, nor were we told who these people are or how they are qualified to serve on the committee. Mr. Still made reference during his argument that all of them were elected officials and were therefore in danger of disqualification. Mr. Segall said he knew them all and knew the political pressures they were facing.
I have done lots of previous posts on this mess, and you can read them here. For good background information on the election and the contest, read Kyle Whitmire’s coverage in the Birmingham Weekly.
As soon as I hear the result, I’ll post it.