Law says Roy Moore cannot be replaced on December ballot

[underpants]

Not that he's going to step aside but...

http://www.al.com/news/index.ssf/2017/11/law_says_roy_moore_cannot_be_r.html#incart_river_mobileshort_home


While many might think that the obvious replacement to Moore running against Democrat Doug Jones On Dec. 12 would be his Alabama GOP runoff rival and incumbent of the Senate seat Luther Strange, they'd be wrong.

Moore cannot be replaced on the ballot.

Alabama law prohibits the replacement of a party candidate up to 76 days before the election.

"Any amendment filed after the 76th day before a primary or a general election shall be accepted by the judge of probate or the Secretary of State but shall not be cause for reprinting of the ballots," according to the statute. "The name of a candidate who is the subject of the amendment and who is disqualified by a political party or who has withdrawn as a candidate shall remain on the ballot, not be replaced by the name of another candidate, and the appropriate canvassing board shall not certify any votes for the candidate."

[msongs]

1. write in? nt

[lagomorph777]

9. That would require voters who can write.

Possibly in short supply in the Alabama GOP.

[More_Cowbell]

2. Thanks

I was wondering

[gratuitous]

3. The timing of this story is ultra-bad for old Roy

He can't withdraw from the race, the ballots have already been printed and absentee ballots have already gone out. By Alabama law, he can't be replaced on the ballot anyway. The Republicans are stuck with Roy Moore and this horrible, despicable story in a very bad current climate for old men and their sexual prey.

That's just too bad. Too, too bad. Really bad. Awful, even. {Giggle}

[Justice]

4. I read somewhere that if he withdraws his votes would not be counted.

Not sure if true. So idea would be have write in candidate (Strange) vs. Jones v. Moore.

[Stuckinthebush]

6. True

Name is still on the ballot. If he withdraws any vote for him is not valid so no count.

[ATL Ebony]

8. Yes, as stated above, the law indicates that Moore's name would remain on the ballot

but if he withdraws any votes for him would not be certified (so none of his votes would count)

[lagomorph777]

10. the appropriate canvassing board shall not certify any votes for the candidate

Per the text in the OP.

[irisblue]

5. Lots of Alabama lawyers, as well as some from the republicans will be up late tonight

The Alabama statute from. FindLawCodes Alabama Title 17. Elections § 17-6-28
Write-in votes shall be permitted only in non-municipal general elections.  The ballot must be constructed so that the voter can mark a write-in vote for each office in the same manner that votes are registered for regular candidates.  In order to cast a valid write-in vote, the voter must (1) write the name on the ballot and (2) register the vote by a mark in the space designated for that office.  A write-in vote shall not be counted if the vote is not registered as provided above.  If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in vote had occurred and the regular vote shall be counted.  If a properly registered write-in vote causes an over-vote, it shall be treated as any other over-vote and none of the votes for the over-voted office shall be counted.  However, the remainder of the ballot shall be counted.  When counting write-in votes, poll officials must check for over-votes if the electronic ballot counter does not perform the function.

:::not an attorney, no personal experience:::

[RDANGELO]

7. From what I have heard, they could pester him until he steps out of the race, and they would not

count any votes for him. However, his name cannot be replaced on the ballot, and they would have to run a write in candidate.

[rusty fender]

11. Stupid rethuglican base

will vote for him anyway

[LiberalLoner]

12. In fact they will be more likely to vote for him, since he has shown R family values

[Iggo]

13. "...the appropriate canvassing board shall not certify any votes for the candidate."

So even if they vote for him, the votes won't count?

[underpants]

14. Yes that seems to the consensus

[hughee99]

15. If I recall correctly, that was the law in New Jersey as well even though Lautenberg replaced

Torricelli.