Alabama AG Gives OK To Postpone March 31 Runoff Election

Alabama Attorney General Steve Marshall has given the OK for Secretary of State John Merrill to postpone the March 31 runoff election as the spread of the coronavirus continues in the state. As of Tuesday afternoon, there were 39 cases of COVID-19 in Alabama, with most of the cases in Jefferson County.

On Monday, Merrill requested an emergency opinion from the attorney general's office regarding the possible postponement of the upcoming runoff election. To help keep Alabamians safe from the potential spread of the virus, Merrill has asked if, under the emergency powers granted to the governor under Section 31-9-1 et seq. Ala. Code, the governor has the authority to postpone the election.

"The health and well-being of the people of this state are of paramount importance," Merrill stressed Monday in a news release.

On Tuesday, Attorney General Steve Marshall answered his question.

"The Secretary of State may certify the results of a secondary primary election that has been postponed and rescheduled by the governor pursuant to the Alabama Emergency Management Act of 1955. I hope this opinion answers your question," Marshall said in his opinion to Merrill.

According to Merrill, while the March 31 runoff should be put on hold, it shouldn't be postponed beyond July 14, 2020 to avoid interference with the general election in November.

"We concur with this conclusion and agree that the election should likely not be postponed beyond this date unless the proclaimed emergency persists," Marshall said.

As for what happens next? That's up to Governor Kay Ivey. She will ultimately determine whether to postpone and reschedule the runoff during the state of emergency. In response to Marshall's opinion, the governor's office released the following statement to WVTM-TV:

"The governor appreciates the attention to this matter by both the attorney general and secretary of state. She is in the process of thoroughly reviewing all factors surrounding moving Alabama’s upcoming runoff election."

To read the attorney general's opinion in its entirety, see below:

SEE ALSO:

• John Merrill Wants Runoff Postponed; Seeks AG Opinion

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