Breaking: Under Alabama Law, Roy Moore May Not Be Able to Request a Recount If The Margin is More than 0.5%

In a prior post, I noted that under Alabama law, if the margin between the candidates is within 0.5% there is an automatic recount at state expense. That statute is Section 17-16-20.

But AL SOS Merrill, pointing on CNN to a recent governor’s race that was close, said that any candidate can get a recount at his or her own expense if the margin is greater. The statute allowing that is Section 17-16-21.

But that statute only allows people seeking recounts to be those “with standing to contest the election under Sections 17-16-40 and 17-16-47.”

And if you look at those sections, they do not allow candidates for federal office to request such a recount or to contest the election (presumably because these would be done in the U.S. House or Senate.)

Under 40, the ones who can contest are: “The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, Public Service Commissioner, senator or representative in the Legislature, justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court or district court, or any office which is filled by the vote of a single county, or to the office of constable.”

Section 47 only allows a contest “of any person declared to be elected to the office of senator or representative in the Legislature, judge of the circuit court or district court, any office which is filled by the vote of a single county, or constable.”

Moore is not those.  I think unless there’s another provision I’m not seeing he cannot get a recount if it is outside the 0.5% margin.

He can ask for the U.S. Senate to conduct some kind of contest but good luck with that.

Happy to be corrected if I’m wrong.

UPDATE.

 

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