Merrill, 031720 ALAGO, 2020-020

• Case Date: March 17, 2020
• Court: Alabama

Honorable John H. Merrill AGO 2020-020 No. 2020-020 Alabama Attorney General Opinion State of Alabama Office of the Attorney General March 17, 2020          Honorable John H. Merrill          Secretary of State          State Capitol Suite S-105          600 Dexter Avenue          Montgomery, Alabama 36130-4650          Secretary of State - Elections -Emergencies - Governor - Voting          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 ("AEMA").          Dear Secretary Merrill:          This opinion of the Attorney General is issued in response to your request.          QUESTION          May the Secretary of State 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 ("AEMA")?          FACTS AND ANALYSIS          On March 13, 2020, the Governor issued a proclamation that a "state public health emergency exists in the State of Alabama" as a result of the emergence of the COVID-19 virus within the state. The proclamation did not address the upcoming runoff elections scheduled for March 31, 2020. You question whether you may certify the results of a runoff election that is postponed and rescheduled pursuant to the Governor's authority under the AEMA.          The Secretary of State is prohibited from "certifying] names for placement on a ballot for election that, under the pertinent provisions of the Alabama Constitution, is not supposed to be held." Allen v. Bennett, 823 So.2d 679, 685-86 (Ala. 2001). Accordingly, your authority to certify the results of a runoff election that has been postponed and rescheduled due to a public health emergency is contingent upon the Governor's authority under the AEMA.          The emergence of the COVID-19 virus is an occurrence contemplated under the AEMA that triggers the Governor's authority...