AG Marshall: Decision on whether or not to postpone Senate runoff up to Gov. Kay Ivey


MONTGOMERY, Ala. (WIAT) — Amid the coronavirus crisis, The United States Senate runoff between Jeff Sessions and Tommy Tuberville is set to take place on March 31.

On Sunday, Alabama Secretary of State John Merrill sent out a release seeking an emergency opinion from the Attorney General Steve Marshall’s office to postpone the Alabama U.S. Senate runoff election due to the COVID-19 outbreak. The runoff is between former Sen. Jeff Sessions and former Auburn football coach Tommy Tuberville.

On Tuesday, Marshall released his opinion.

Within Marshall’s facts and analysis of the opinion piece, he noted that on March 13, the governor issued a proclamation that a “state public health emergency exists in the state of Alabama” as a result of the emergency of the COVID-19 (coronavirus) within in the state. This comes as the state has a total of 39 cases as of Tuesday evening, 21 of which are in Jefferson County.

During the “State of Emergency” and under the Alabama Emergency Management Agency, Gov. Kay Ivey has the authority to certify the results of a runoff election that has been postponed and rescheduled due to a public health emergency.

In conclusion, the Secretary of State may certify the results of a secondary primary election (runoff) that has been postponed and rescheduled by the Governor pursuant to the Alabama Emergency Management Act of 1955.

Ivey’s office sent out the following message to CBS 42 Tuesday night:

“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.”

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