On July 8, Gov. Kay Ivey signed a proclamation to schedule special election dates for Alabama House District 13. This seat was previously held by State Rep. Matt Woods, who was elected to the State Senate. The Secretary of State's website shows that three candidates have filed to run for the seat: Gregory Barnes, Dustin Beaty and Mike Elliott. According to an investigation and opinion from the Alabama Ethics Commission, one of those candidates, Mike Elliott, may be ineligible to have his name on the ballot.
The problem arises because Elliott failed to file his Statement of Economic Interest (SOEI) on time. Additionally, although Elliott tried to use an exception to the rule, an investigation showed that one was not justified in his case.
According to a letter to the Ethics Commission sent by Elliott's lawyers, "Mr. Elliott qualified on Monday, July 14, 2025, and following the statutory deadline, mailed his completed SEI form on Tuesday, July 15, 2025, properly addressed and postage prepaid."
However, the form was never delivered, and there is no evidence that it was sent.
Elliott's lawyers attempted to invoke a previous ethics commission opinion, which stated that the form needed to be mailed, not delivered, to be considered qualified. "This interpretation is consistent with Section 17-5-lO(b) of the Code of Alabama, which affirms the mailbox rule-timely and proper mailing, not delivery.
In an email obtained by 1819 News, Ethics Commission director Tom Albritton emailed the Secretary of State's office on September 5, explaining that due to conflicting statements by a potential witness who worked at the post office, Steven, he sent an investigator to speak to the man.
"In that interview, Steven claimed that he never physically possessed the letter, had no knowledge one way or the other regarding the SOEI that Mr. Elliot claimed he mailed, and stated that they had no proof at all that the letter had ever been in that post office. He further stated that he could not "physically verify" that the letter had been mailed and that he did not believe anybody else at the Post Office could do so either," Albritton wrote.
He concluded, "Based on the new evidence provided to us, which includes the notarized letter submitted to our office (which I attach), and the attached interview transcript, there is a lack of credible evidence that Mr. Elliot actually mailed his SOEI or complied with our 'mailbox rule,' and there is no credible physical evidence of the SOEI at issue. I am vacating that previous decision and instead am confirming that Mr. Elliot did not, in fact, comply with the filing requirements of Ala. Code 36-25-15.”
The Alabama State Statute that Allbritton cited says, "Other provisions of the law notwithstanding, if a candidate does not submit a statement of economic interests or when applicable, an amended statement of economic interests in accordance with the requirements of this chapter, the name of the person shall not appear on the ballot and the candidate shall be deemed not qualified as a candidate in that election. Notwithstanding the foregoing, the commission, for good cause shown, may allow the candidate an additional five days to file the statement of economic interests. If a candidate is deemed not qualified, the appropriate election official shall remove the name of the candidate from the ballot."
According to the Secretary of State's website, Elliott's first financial disclosure report showed $10,300 raised, a $3,600 loan and $6,331.51 in expenditures.
The first paragraph of guidance provided to candidates on the State Ethics website reads, "The Alabama Ethics Law requires candidates for elected office at every level of government to file a Statement of Economic Interests (SEI) with the Ethics Commission not more than five days after the candidate files his or her qualifying papers with the appropriate election official or in the case of an independent candidate, not more than five days after the date the person complies with the requirements of Section 17-9-3. Failure to file your SEI as required could result in your name being removed from the ballot."
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