The official vote totals from the June 1st primary were certified by the Alabama Republican party today, as required by law.  State GOP Chairman Mike Hubbard did also say the results were pending the results of the recount for which Tim James, the 3rd place finisher in the governor’s race, has petitioned all 67 counties for a recount.

Also today, Attorney General Troy King entered the fray by issuing an opinion (as Danny reported yesterday was rumored) that stated Bradley Byrne and Robert Bentley would be the competitors in the primary regardless of the results of the recount that Tim James requested.  His reasoning is that state law offers no provision for a recount in primaries, and therefore the result of the primary itself cannot be challenged until the run-off is complete.  The opinion says,

“Alabama law is clear that the state executive committee must certify to the Secretary of State the names of the candidates who will participate in the runoff based on the original results; Alabama law neither requires nor authorizes any amendment to that certification based on any petition-based recount,” the opinion states. “The Secretary of State, in turn, must certify those names to the probate judges in the counties so that they may get ballots printed and so that absentee voting may begin.”

Basically, it seems that because the nomination of a candidate is a party process, you cannot challenge that process until it is complete.  That makes sense to me and I don’t see anything glaringly faulty in the opinion, but it certainly makes the outcome of the recount problematic for yet another reason, on top of those that have already been discusses here and many other places over the last few days.

That opinion caused a fiery response to be issued both from Tim James and GOP chairman Mike Hubbard.  Chairman Hubbard said the opinion was “ridiculous” , but acknowledged that it made it almost impossible for the party to proceed with a recount.  He is planning to take the weekend to evaluate next steps, but it seems likely the recount will not happen.

James held a press conference following the issuance of the opinion,

He said the opinion was “absurd on its face.”

“(Attorney General) Troy King ought to be ashamed of himself. Under the best case scenario he is a very very bad lawyer.”

What are your thoughts on this latest development?

UPDATE:  Danny at Doc’s Political Parlor posts a new statement from Chairman Hubbard that states only Tim James can stop the recount, since he started it.  So, it seems we are now left with the recount going forward, but even if the results change, an opinion from the Attorney General that says the candidates should be Byrne and Bentley…

Related posts:

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3. James Will Call for Recount, Provisional Totals Out Today Alabama Republican Party chairman Mike Hubbard called a meeting with...
4. Why Sparks Should Fear Bentley Editor’s Note:  This is the 2nd contribution from TWAY_Paul, I...
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