Last year, State Rep. Chad Robertson (R-Heflin) introduced and passed a bill amending Alabama’s election law. He aimed to relieve some administrative burden on the state and candidates in small municipalities who never raised or spent $1,000.
This law, however, has seemingly been the basis of misinformation and wrong guidance from Secretary of State Wes Allen’s office. Multiple staff members have used it to say reporting requirements for candidates who may have raised thousands of dollars in previous elections don't have to file their 2024 annual reports due Jan. 31, 2025.
The bill, HB 156, was simple: “A candidate running for a municipal office is exempt from the filing requirements of Sections 17-5-4 and 17-5-8, Code of Alabama 1975, unless and until the candidate receives contributions or makes expenditures in excess of one thousand dollars ($1,000).”
1819 News contacted Allen directly by text for this story, but he referred 1819 News back to his communications director twice, saying, “She is my spokesperson. Whatever she gave you was approved by me and my team.”
Robertson and former Secretary of State John Merrill both made themselves available to discuss the issue, confirming in separate interviews that the information provided by two staff members in the Secretary of State’s office was incorrect.
In a phone interview, Robertson said that he hoped the bill would prevent the secretary of state’s office from pursuing reports and fines for candidates who weren’t raising or spending any money. It would eliminate the cost of third-party billing for going after these small races where the candidates didn’t have campaign staff or consultants. He didn’t anticipate it would apply to races in Alabama’s Big 10 Cities or cities where elections are costly.
He hoped his change would encourage individuals in small cities and towns across the state who looked at the reports as an obstacle to running for office involved run for office but emphasized that his intent was never to waive reporting requirements for the annual report due January 31, 2025, for races where candidates already had over $1,000 raised or spent in the past.
He didn’t hesitate when he said, “yes,” that his bill was not to waive the current law. Former Secretary of State John Merrill was not hesitant to say that the new law did not waive the annual reporting requirements.
In response to the email from the Secretary of State's office to Hoover Mayor Frank Brocato and the email to 1819 News pointing to the new law as exempting candidates with money in current accounts from annual reporting requirements, Merrill said, "Well, based on the way the language in the legislation that was adopted, that was confirmed by both Chambers and enrolled reads, that would not be accurate because that does not exempt you from current state law related to municipal filings."
He on to say, "There should be no inference that an individual is exempt unless they make the standard as described in the legislation that's been enrolled in this particular instance. Period. That means that if you currently have a balance that exceeds a thousand dollars, you still have to make the filing threshold for the annual report as well as any other reports that are necessary where you are required to file."
Merrill also questioned the Secretary of State, referring candidates to the Ethics office for questions on election reports, saying that the Secretary of State serves as the chief election officer of the state.
Wes Allen’s office provided Brocato with the following guidance, which he forwarded to 1819 News.
"This year, candidates/elected officials who have not filed an Appointment of Principal Campaign Committee Form electronically as of 12/31/2024 will not need to file a 2024 Annual Report. Their transactions since their last report will fall on their first filing. They would need to put as their beginning balance the ending balance from their last paper filing.
Any elected official who will not be running again and is outgoing will file their Dissolution and Termination Report at the Probate Court and will have their 2024 transactions and any 2025 transactions listed on their Termination Report.
Anyone running in this upcoming election will only need to file an Appointment of Principal Campaign Committee Form or monthly/weekly reports if they cross over the thousand dollar threshold raised or spent."
This guidance differs from the Secretary of State's own “Candidate Filing Guidelines,” which states, "An Annual Report is required every year that a committee is in existence unless the candidate is filing monthly reports in the current election cycle. This Annual Report may be filed after January 1st but must be filed no later than January 31st. All candidates and all state, county, and municipal elected officials who have not dissolved their principal campaign committee must file this report."
The applicable state statutes are equally clear, stating, “(c) Except as provided in subsection (i), each principal campaign committee, political action committee, and elected state and local official covered under this chapter who has not closed his or her principal campaign committee shall file annually with the Secretary of State reports of contributions and expenditures made during that year. No annual report is required to be filed by a person who holds office because he or she was appointed to serve the remainder of a term vacated by another person until the person serving has created a principal campaign committee. The annual reports required under this subsection shall be made on or before January 31 of the succeeding year.”
Apryl Marie Fogel is a Birmingham resident who frequently appears on, and guest hosts radio programs around the state. She can be reached at aprylmarie.fogel@1819news.com or on X and Facebook at @aprylmarie.
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