A three-judge panel ruled against Gov. Bob Riley yesterday, saying his appointment of a Jefferson County Commissioner to replace Larry Langford requires Justice Department approval. The panel didn’t remove George Bowman, who was appointed in November, and it gave Riley a February 5 deadline, coinciding with a scheduled special election, either to appeal the decision or to state that he will seek approval for his appointment authority.
This is one big confusing mess. There is a 1977 state law on the books that grants Jefferson County the right to hold special elections to fill Commission vacancies when there is substantial time before the next regularly-scheduled election, which in this case would be 2010. A similar law for Mobile County was declared unconstitutional in 1988, and at that time the legislature gave appointment authority to the Governor, although it has since passed laws allowing special elections in some counties.
In 2005, Riley exercised his appointment power in Mobile County, replacing the newly elected Mobile mayor with perhaps the only black Republican in the area. His decision was overturned as a violation of the Voting Rights Act, and Mobile County held an election in October 2007 to fill the seat. Of course, Riley has appealed the ruling, and the case is now before the U.S. Supreme Court. Riley also points out that then-Gov. Don Siegelman appointed a replacement for JeffCo Commissioner Chris McNair when he retired in March 2001. McNair, however, had already served more than half of his four-year term at the time of his retirement, while Langford had more than three years remaining when he was elected mayor of Birmingham.
Everyone got all of that?