MONTGOMERY — State Sen. Chris Elliott (R-Josephine) filed legislation on Monday on the first day of a special session to give Alabama the option to call a special election for two Montgomery-area State Senate districts later this year.
The bill would authorize a new special primary election to be held if a federal court issues an order or vacates an injunction thereby allowing the Legislature to use a previously enacted legislative State Senate redistricting plan in the 2026 general election, and the court ruling is made at a time that is too late to be accommodated during the normal primary election schedule but would allow a new special primary election to be held in a manner that does not affect the 2026 General Election date set in November 2026.
U.S. District Judge Anna Manasco issued an order in November concurring with left-wing plaintiffs suing the state, who claimed that State Senate Districts 25 and 26 held by State Sens. Will Barfoot (R-Pike Road) and Kirk Hatcher (D-Montgomery) violated Section 2 of the Voting Rights Act. Manasco ordered a special master to redraw Alabama's State Senate map for the 2026 election.
The bill by Elliott would require the Governor to call a special primary election for the affected State Senate districts if the special primary election can be held within a specified time frame without violating certain laws, and would authorize the Governor to modify certain state law deadlines regarding elections.
According to a fiscal note, the bill would cost an estimated $600,000 over fiscal years 2026 and 2027 to reimburse affected counties for election expenses incurred in Senate Districts 25 and 26 if a special election is called pursuant to the provisions of this bill.
"The bill basically says that if we get a ruling from the court that puts us back to the maps that this body passed, then a special election will be called and a new primary to determine the party's nominee for that district," Elliott said. "The bill lays out that if a court acts, then there will be a required special election called by the governor following that…preserve the option, if you will, so that if the court acts, then we'll have the option to go back to the maps that this legislative body that's been elected by the people passed."
A similar bill by House Pro-Tem Chris Pringle (R-Mobile) was filed in the House, dealing with Alabama's congressional map if an Alabama-specific ruling by the Supreme Court of the United States vacates or remands a federal court's ruling on the state's 2023 map. The practical effect would be Republicans picking up another seat in Alabama.
However, the bill wouldn't lead to a possible 7-0 Republican map. Elliott said a try for 7-0 in 2026 would be "problematic."
"It is problematic for a number of reasons. I'll let the House sponsor articulate what those are. We want to make sure that we do everything we can do to get as many Republican votes in as possible. We're trying to take a very measured approach and again go back to the maps that this elected Legislature passed," Elliott said.
Senate Minority Leader Bobby Singleton (D-Greensboro) said it was "shameful" that the special session was happening.
"We should not be here. The state of Alabama is just trying to get ahead, just because they've been told by the President of the United States to go out and do some redistricting. Alabama does not need to do that. They're a pure red state, already in a supermajority," Singleton said. "It is shameful that we're here. We're spending taxpayers' money just coming here to do nothing. We saw this morning (U.S. Supreme) Court did not move on these cases when they sent out their listing this morning. They did not vacate, did not remand or anything on this particular (Alabama redistricting) case."
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