Judge: Merrill will add measure to ballot

MONTGOMERY, Ala. — Alabamians will vote in November on a proposal aimed at protecting up to 600 local laws — from sales taxes to annexations to draft beer regulations — from being invalidated because of a legal dispute over legislative procedure.

Secretary of State John Merrill and lawmakers had disagreed over the measure’s inclusion on the ballot. Merrill said the deadline for ballot additions had passed. Montgomery Circuit Judge William Shashy on Friday ordered Merrill to add it to the Nov. 8 ballot.

Merrill had argued the deadline was 76 days before an election. Lawmakers said it was 74. The Chilton County Health Care Authority on Friday filed the emergency petition with the judge, arguing Merrill was using unfounded reasoning to keep it off the ballot.

“As the Attorney General’s informal advice recognizes, the Secretary’s 76 day time frame is not a constitutional or statutory requirement for proposed constitutional amendments. Rather, it is a mere internal practice based upon the timeframe set for the submission of primary election candidates for inclusion on the ballot,” lawyers for the health care authority wrote.

“The potential impact of this ruling is far-reaching, affecting funding for vital services such as schools, courts, sheriffs’ offices, economic development organizations ... . ” – SEN. CAM WARD, R-ALABASTER

Merrill said the measure was added Friday in compliance with the judge’s order.

“We got it on there,” Merrill said Friday night. He said he disagreed wholeheartedly with the accusation he was misapplying the law.

Hundreds of local laws are potentially in jeopardy unless voters approve the proposed amendment in November, said Sen. Cam Ward, R-Alabaster.

The concern came after a judge struck down a Jefferson County sales tax law, after finding the House of Representatives was misapplying a procedural vote required before state budgets are approved. While the ruling was directed at one particular law, Sonny Brasfield, of the Association of County Commissions of Alabama, said they feared an “avalanche” of lawsuits to invalidate other laws.

“The potential impact of this ruling is far-reaching, affecting funding for vital services such as schools, courts, sheriffs’ offices, economic development organizations, and other critical services statewide,” Ward said.

The Budget Isolation Resolution in the Alabama Constitution requires a vote of “three-fifths of a quorum present.” However, the House for years has interpreted it as threefifths of “members present and voting.”

Lawmakers gave final approval on Friday, the 74th day before the Nov. 8 election.

Lawmakers possibly could have finished work on the bill on the 76th day before the election, the deadline Merrill said was in place, if a conference committee had been appointed and stayed late to work Wednesday. The conference committee did not meet until the following day. Lawmakers at the time were hoping to persuade Merrill to add a lottery referendum to the ballot if it won final approval Friday.

Ward earlier voiced frustration that his bill was being used as a political pawn during the negotiations on other issues. However, Ward said Friday he was frustrated and feared the bill would completely die as the session appeared to break down.