Archive for: October 27, 2006

October 27, 2006

Felons can vote

Filed under: Daily Dixie - 27 Oct 2006

In a 5-4 decision, the Alabama Supreme Court denied a request to stay part of a lower court’s decision to allow some felons to vote. The news is a little vague about the particulars of how this decision works, but here what I think it means. Ex-cons whose crimes which are historically, without-a-doubt understood to be crimes involving moral turpitude, will still not be eligible to register. These are crimes like murder, rape, robbery. There’s no doubt that these things fit the description.

Ex-cons whose crimes were things like liquor law violations, which are not clearly crimes involving moral turpitude, are eligible. Attorney General Troy King sent a letter to all registrars telling them to comply. The legislature is expected to make a statutory list of which felonies fit the description in their next session. The lack of a statury list of felonies involving moral turpitude was the basis of the original Circuit Court decision.

I’d like to see which judges voted against this.

UPDATE: Wheeler, who has much more legal knowledge than I do (damn law school graduates), chimes in on this. It appears that the Alabama Supreme Court simply said that only crimes that have been previously defined as involving moral turpitude can lose a felon his right to vote. This mean that the status quo is in effect, but it does clarify the status quo to  certain registrars who weren’t allowing any felons to vote, despite the severity of their crime.

Register!

Filed under: Daily Dixie - 27 Oct 2006

Today is the last day to register to ensure you can vote on November 7. You must register in order to vote. You can go to your county registrar, which is usually located at your county courthouse. You can also go to the Secretary of State’s page and fill out a form to mail in.

Real quick

Filed under: Technical issues - 27 Oct 2006

I have little tolerance for campaign trolls who come to my website to deceive my visitors. I’ve made this clear in my privacy policy and elsewhere. If you’re a person who is coming to my site and leaving comments under multiple names in an effort to make people think a variety of people see things your way — stop. If you’re thinking about it — don’t.

If I previously asked you to stop because you used a very-traceable Alabama government computer and I was able to figure out who you were, don’t come back from another computer and think you’ll fool me. You are free to comment on every single post with your political feelings, but don’t try to trick my visitors. If you don’t stop (there’s at least one — possibly two), I do know how to write a press release and I can make sure every large paper in Alabama gets a copy before the election. I think I’ve been extremely lenient considering this has been going on for some time.

Having said that, please enjoy Between the Links and feel free to use the comments to express your opinions, especially if they differ from mine.

Secretary of State

Filed under: Daily Dixie - 27 Oct 2006

The Secretary of State has some 1,000 duties assigned to it. Unlike the U.S. Secretary of State, who is in charge of the U.S. State Department, the Alabama Secretary of State is actually like a secretary. Besides being the chief elections official, this officer is heavily involved with keeping and processing records. There are some 500,000 executive, legislative, elections, and business records held at the office. The specific duties of the Secretary of State are found throughout the Alabama Code and the Alabama Constitution.

This one is a no-brainer. Incumbent Nancy Worley (D) faces State Auditor Beth Chapman (R). I won’t try to build suspense as regular readers already know that I’m voting for Beth Chapman (R).

Nancy Worley is a former president of the Alabama Education Assocation after spending years involved with education and nonprofit organizations. She was elected Secretary of State in 2002 with 49% of the vote in a three-way race. Since taking office, Worley has had at least the following problems.

  • Settled in a lawsuit from an employee because she denied his freedom to express his religion.
  • Involved in an administrative hearing for firing another employee, Anita Tatum.
  • Faces possible legal action for illegally soliciting campaign contributions from her employees.
  • Bought an SUV with $8,000 in upgrades with state money on the same day she laid off 5 employees because of budget cutbacks.
  • In 2005, Alabama’s Board of Registrars complained to the state that Nancy Worley was too incompetent to oversee them.
  • Ignored a state-appointed committee’s year-long deliberations and decision and chose a electronic voting system that they did not recommend for implementation.
  • Ran “voter education” ads with state money that many said amounted to free campaign advertising.
  • Sued by the federal government for failing to allow military personnel overseas full voting rights in primary run-off elections.
  • Challenged in the Democratic primary by her chief elections administrator, Ed Packard.
  • Removed from her duties as chief of elections for failing to bring the state into compliance with HAVA.
  • May yet be found in contempt of court for failing to cooperate with Governor Riley’s committee to bring Alabama into compliance with HAVA.

Worley blames her problems on several things. She says she shook things up in the office, even having to remove “busy” buttons from the employee phones that allowed incoming calls to get a busy signal. She also says that the county probate judges and voter registrars (the front line in elections) have been less than helpful in her efforts to bring Alabama into compliance with federal HAVA standards. Her first “scandal,” buying an SUV with $8,000 in upgrades is blamed on her not knowing that the SUV wasn’t the standard model.

There is no dispute about the facts of the bullets I have above, so there are two explanations. The commonly accepted belief is that Worley is to blame which means that she is completely incompetent to do her job. The other explanation is that Worley’s staff and county voting officials under Worley are giving her hell and causing problems. In that case, she is a poor leader. She is often cited by both supporters and opponents as being abrasive. Supporters say it’s a good thing in dealing with lazy government workers. Opponents say it makes a hostile work environment. A little abrasiveness can be good, especially if you’re coming into an office that has had work-related problems. Being unable to work with others is a failure of leadership.

Beth Chapman (R) is currently the State Auditor. She’s had success in that area, as every State Auditor seems to. She spent 10 years in the Cystic Fibrosis Foundation, eventually becoming the state Executive Director. After that, she finished graduate school and worked for the Fob James administration and formed her own political consulting business.

Her campaign seems to center around the fact that she’s not Nancy Worley and voter identification requirements. In an email exchange I had with her about a year ago, she told me that while she has to meet all federal election guidelines, she is 100% devoted to having clear paper ballots to ensure fair elections.

In 2003, Chapman delivered one of the stupidest speeches ever uttered:

I say we should support the president of the United States and the U.S. military and tell the liberal, tree-hugging, hippy, Birkenstock-wearing, tie-dyed liberals to go make their movies and music and whine somewhere else.

After all, if they lived in Iraq, they wouldn’t be allowed the freedom of speech they’ve been given here today.

I understand it received 5 standing ovations from the crowd. War sure does make people stupid. Unfortunately for her, she is running for an office which only requires job competence, not a bloodthirsty hatred for those evil “liberals” who want to destroy the world. In the category of job competence, Chapman seems to have Worley beat.

One area Chapman can be criticized for, however, is her failure to comply with the Alabama Constitution’s residency requirements. The constitution clearly states that the State Auditor and the Secretary of State must reside in the state capital, which is not in north Shelby County where Chapman lives. Her current excuse given on Alabama Public Television, that she deserves special treatment for being a woman, is not good enough.

If she were running for any other office than this office against this incumbent, I would have some serious problems with her. But we’re not really voting for her — not in the classical sense. That is to say that we’re not trying to affect government policy and law. Instead, we’re being asked to play as Alabama’s HR staff with only two job candidates. Based on their resumes, I say Chapman is more qualified and Worley deserves to be redistributed to another area outside of state government.

250,046

Filed under: Daily Dixie - 27 Oct 2006

That’s the number of citizens in Alabama disenfranchised for felony convictions, which is 7% of Alabama’s otherwise eligible voting population. The number is even higher for black Alabamians — 15.3% are not eligible to vote because of felony convictions. Zeddie Mauldin is one of those individuals who admits to living a criminal life before finding God and changing his life around.

“I’ve got a nice car, nice apartment, good job, I go to Atlanta to visit my daughter even if it’s … just for lunch,” says Mauldin, a 64-year-old catering manager who lives in Birmingham. “These are the types of things that I’m doing in my life now that I get high off of. If I can be able to vote, I feel like I have really, totally got my life back together.”

Alabama does not take the voting rights away of all felons, just those felons who were convicted of crimes involving “moral turpitude.” Obviously, “moral turpitude” being a key word in that requirement, it has been left undefined by the legislature. The result is a smorgesboard of case law and attorney general opinions that so far say that selling marijuana is a crime involving moral turpitude but selling cocaine is not. Also, sodomy is a crime involving moral turpitude despite not being considered a crime at all by the U.S. Supreme Court.

In August, a Circuit Court judge in Jefferson County decided enough was enough. He declared that the courts could not define moral turpitude — the legislature must. He therefore declared that all case law defining it was moot. Therefore, all felons in Alabama would have voting rights until the legislature acted. The order was delayed to allow for an appeal while the case is pending in the Alabama Supreme Court so that no new felons could vote in this election.

The funny thing about that case is that conservatives decried it as an act of judicial activism. Actually, it was quite the opposite. The judge actually overturned years of “activist” judicial decisions which were defining law by naming who could and could not vote. In effect, he stopped judicial case law and required the legislature to make statutory law. Isn’t that the opposite of the usual definition of judicial activism?

Thomas’ campaign materials wrong

Filed under: Daily Dixie - 27 Oct 2006

Terri Willingham Thomas, who previously made headlines for her family ties with and speeches to white supremicist organizations, is publishing campaign materials that names her as a board member of Children’s First Foundation, a child advocacy group. The problem is that she quit that group a year ago because she disagreed with the majority of the board. She is a Republican running for the Court of Civil Appeals.

“We weren’t trying to lie about her being a member,” he [Thomas’ campaign consultant Bill Goolsby] said. “I just didn’t proof it good enough, if you want to know the truth.”

Fair enough. Thomas is running against Democrat Jim McFerrin. I wonder if this will boost McFerrin. The Huntsville Times has already endorsed him. This story about the campaign material probably won’t since it seems like an honest mistake, but this is turning into the most interesting boring court race this year. It may just prove that any publicity is good publicity since I have yet to see McFerrin receive any press at all.