Governing Legal Authority

Pete Turnham, chairman of the Alabama Democratic Party, is wringing his hands over Don Siegelman's candidacy and court troubles. Turnham is worried about what the party must do if Siegelman wins the June 2006 primary and then is subsequently convicted in federal court.  Turnham outlines a few options.  The party's executive committee could hand-pick a replacement nominee. Or the party could call for a nominating convention to name a replacement nominee. Or, as Turnham seemingly prefers, the party could call for a new primary election to be held statewide. According to The Birmingham News article, such an election would cost around $3 million dollars.

 

Turnham didn't even speculate on the fourth option. Siegelman could voluntarily bow out of the primary election if his federal case is not completed by 6 June.  Siegelman could then take the high road and say that he wanted to do what is in the best interests of Alabama's taxpayers. He could further explain that since he cannot speak for what the Democratic Party would do upon a conviction, he is making the only choice that is his to make: to step aside.

 

Of course, that option wouldn't preserve Siegelman's candidacy and would effectively usher in the close of Siegelman's political career, regardless of whether a federal jury convicts him.

 

What is more likely to occur, if Siegelman wins the primary and he is convicted, is that Siegelman will file an appeal to his conviction and will then claim that while his conviction is on appeal, the conviction is not final and does not affect his right to vote or his ability to be a candidate. And that's before we even get into the issue of whether his conviction (if it happens) is for a felony involving moral turpitude.