John Merrill Wants Runoff Postponed; Seeks AG Opinion

Alabama Secretary of State John H. Merrill has requested an emergency opinion from the attorney general’s office regarding the possible postponement of the March 31 runoff election. The request comes after the presence of the coronavirus in Alabama, the declaration of a National Emergency by President Donald Trump and the declaration of a State of Emergency by Governor Kay Ivey, Merrill said.

In an effort to 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.

Currently, neither the Code of Alabama nor the Constitution of the State of Alabama allow for the suspension, delay, or postponement of an election once the date has been set.

"This is why, in 2019, our office asked the legislature to give the governor the explicit power to be able to take prescribed action through means that would be codified," he said.

Merrill's attempt was unsuccessful but in the 2020 legislative session, he says he's asked Senator Donnie Chesteen and Representative David Standridge to introduce this legislation once again for consideration.

"The health and well-being of the people of this state are of paramount importance," he stressed. "In order to effectively practice social distancing, as recommended by the President of the United States, the Centers for Disease Control & Prevention (CDC), the Alabama Department of Public Health, etc., the March 31 runoff election must be postponed."

According to Merrill, by postponing the election until the threat of the coronavirus has passed, Alabamians will be able to participate in the electoral process in a safe and healthy environment, as they have done in the past.

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