Beyond that, Moore might not have a recourse.
“However, several offices are not included in Alabama’s law for contesting elections: lieutenant governor, U.S. senator, and U.S. representative,” Alabama’s election handbook reads. “The omission of U.S. senators and representatives is probably due to the fact that each house of Congress is the final judge of its own members’ qualifications.”
John Bennett, Merrill’s deputy chief of staff, told Business Insider on Wednesday that the handbook is not the law, but rather an interpretation of the law, and that it is too soon to discuss the possibility of a recount.
But he also said that Sections 17-16-20 and 17-16-21 of Alabama’s election law “probably” allow political parties or the candidates themselves to request a recount in elections for both state-level and federal positions.
“We’re just not at that point,” he said. “We should get to verifying the vote first.”