County could be without rep for legislative session

Published 5:08 pm Friday, January 6, 2017

Dallas County could be without representation in the House of Representatives when the next legislative session begins if one of four candidates does not get the majority of the vote at the end of the month in a special primary election.

The election scheduled for Jan. 31 is to fill the seat that was once held by Selma Mayor Darrio Melton, and with the session starting Feb. 7, it could be empty when legislators go back to Montgomery.

“We tried to work with Mayor Melton and the governor’s office to make sure that the people in Dallas County and other parts of the Black Belt that Darrio represented would have representation by making sure the special election was called in a timely fashion,” said Secretary of State John Merrill. “And this was as early as the governor’s office felt like they could do it and meet all the deadlines that had to be adhered to.”

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Merrill said it is possible for District 67 to have a state representative by the time the session begins, but it will require the race not to go to a runoff.

“It is quite possible that that individual can be a member prior to the start of the session, which is Feb. 7,” he said. “That’s pushing it, but they’ll be right there.”

Four Democrats qualified to run for the position, and no Republicans qualified.

Raymond J. Butler from Orrville, Prince Chestnut from Selma, Valenci’a Quest from Orrville and Latrell “Champ” Richardson from Selma qualified.

But in order for Dallas County to have a representative, one of the candidates must receive 50 percent of the vote plus one vote, according to Merrill.

“If they win it outright, then they [could] be sworn in that day,” Merrill said. “We’ll certify, and that will be the general election.”

If not, Merrill said a runoff election would be held six weeks later on March 14.

“It is going to be difficult for them to have representation but not impossible,” Merrill said.

“Because you’re going to miss some days, but you’re not going to miss the entire session because the runoff will be held six weeks later.”

Merrill said District 58 is in the same boat.

“The district in Birmingham that Oliver Robinson was in, unless something unbelievable happens, they’re not even going to have a member in the entire session,” Merrill said. “So they won’t have anybody representing them.”

Merrill said during his time in the legislature, nearly a dozen people left, so it is something he is quite familiar with.

“When I was a member of the legislature from 2010 to 2014, we had 11 people that were elected on the day I was elected, which was Nov. 2, 2010,” he said. “Eleven people left the body before the elections in 2014. That’s more than 10 percent, and that’s just the House.”

Merrill said a representative cannot be appointed to fill the vacant seat, that one must be elected.

“That’s not permissible by law,” Merrill said. “The law states the way the vacancy is filled is through election because this person is elected to serve the people of the state.”

Third party candidates, independent or minority candidates that are trying to get on the ballot must file their paperwork with the Secretary of State no later than 5 p.m. Jan. 31.