MONTGOMERY, Ala. — Just one day after it appeared there was no way for a lottery vote to take place on the November ballot, pro-lottery lawmakers are now claiming they may have a shot at making it happen after all.
The governor and legislative leaders have been operating under the assumption that Wednesday, August 24, was the deadline for the legislature to authorize a constitutional amendment to appear on the General Election ballot on November 8th. Secretary of State John Merrill set that date as the deadline, which would give his office ample time to finalize and print ballots.
The deadline unexpectedly became a central part of the lottery debate on Tuesday, when anti-lottery House members used procedural measures to block a vote on the issue.
House rules stipulate that committee meetings must be advertised at least 24 hours in advance, unless four-fifths of the House votes to suspend the rules and allow a meeting to happen on shorter notice. Realizing that the committee meeting time on the lottery was not advertised in advance, a group of House members banded together and did not allow the rules to be suspended, thereby making it impossible for any proposal to pass by the Wednesday deadline.
On Wednesday, however, pro-lottery legislators for the first time called the deadline into question.
“From what I understand, it is [still] possible it could be on the November ballot,” said Senate President Pro Tem Del Marsh (R-Anniston), who has become the Senate GOP’s most outspoken gambling proponent.
“We’ve been operating under misinformation,” added Sen. Jim McClendon (R-Springville), another pro-lottery lawmaker.
The pro-lottery group is citing a section of the Alabama Code that says the Secretary of State “shall” accept additional constitutional amendment approved by the legislature up to the point that ballots have been printed. At this point ballots have not been printed.
Secretary of State Merrill, the state’s top elections official, told Yellowhammer his position has not shifted.
“The deadline we set has not changed,” he said. “We are where we have been all along. We have already prepared the timeline and presented it to everybody. Now they’re suddenly bringing up some section of the Alabama Code, but we’re still where we have been. What I’ve already shared is all I know.”
Mr. Merrill said he is scheduled to meet with the governor about the issue later today.
Even if the deadline is changed, the lottery’s fate in the House remains uncertain.
The House last week passed a bill that would allocate money from the state’s BP oil spill settlement to pay down debt, cover the shortfall in Medicaid, and fund infrastructure projects on the gulf coast.
The Senate has not yet considered the bill, but if it receives final passage, the stated reason for the current special session — to patch a hole in Medicaid funding — will have been accomplished.
