EVERGREEN, Alabama – On Election Day afternoon, Alabama Secretary of State John Merrill warned voters who participated in last month’s Democratic primary in Alabama’s U.S. Senate special election were not eligible to vote in today’s GOP primary runoff between former Alabama Chief Justice Roy Moore and Sen. Luther Strange (R-AL).
Merrill noted in a letter distributed to the media that voting in the Democratic primary last month and in today’s election would constitute voter fraud, which was a felony by statute.
“Any person who votes or knowingly attempts to vote or assists another person in voting when they when not entitled to do so shall be guilty upon conviction of a Class C felony,” Merrill wrote. “A class C felony carries a sentence of not less than one year and one day and not more than ten years imprisonment, and may include a fine not to exceed $15,000.”
At a heavily Democratic precinct in Evergreen, AL, the county seat of rural Conecuh County, crossover voting doesn’t appear to be an issue. Shortly before 1 p.m. local time, a poll worker told Breitbart News they had a total of 10 voters, and only one voter attempted to vote but was denied when a list revealed she had voted in last month’s Democratic primary.
Voters that did not vote in either the Democratic or Republican primaries are eligible to vote in today’s contest.
However, as 2 p.m. local time in Alabama, turnout appears to be relatively low statewide.
Entire letter as follows:
September 26, 2017 MONTGOMERY – This morning, reports from several voting locations have indicated that poll workers have been identified assisting or allowing voters, which were marked as having cast a ballot for a democratic candidate in the primary on August 15th, to vote a Republican ballot. This letter is intended to serve as a reminder that this is voter fraud.
The Alabama Legislature prescribed this process when they passed Act No. 2017-340 which prescribed into law procedures to limit cross party candidate selection. Specifically the law states:
“If an elector votes in a primary election, he or she may vote in a subsequent primary runoff election only if he or she voted in the primary election of the same political party for which the runoff election is being held.”
Any person who votes or knowingly attempts to vote or assists another person in voting when they when not entitled to do so shall be guilty upon conviction of a Class C felony. A class C felony carries a sentence of not less than one year and one day and not more than ten years imprisonment, and may include a fine not to exceed $15,000.
When I campaigned for Office I made a promise to the people of this state to ensure that any instance in which someone was reported as having violated the law that they would be investigated, prosecuted, and indicted to the fullest extent of the law. We will continue that practice with this election and all reported incidents will be investigated.
The integrity of the elections process is at stake today and we will not allow nor will we tolerate efforts to assist people who behave with such reckless disregard for the process and are willing to lie their way to a felony conviction.
John H. Merrill
Alabama Secretary of State
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