Under Alabama Law, Roy Moore May Not Be Able to Request a Recount If The Margin is More than 0.5%

[Gothmog]

From Prof. Hasen's election law blog https://electionlawblog.org/?p=96376

And if you look at those sections, they do not allow candidates for federal office to request such a recount or to contest the election (presumably because these would be done in the U.S. House or Senate.)

Under 40, the ones who can contest are: “The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, Public Service Commissioner, senator or representative in the Legislature, justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court or district court, or any office which is filled by the vote of a single county, or to the office of constable.”

Section 47 only allows a contest “of any person declared to be elected to the office of senator or representative in the Legislature, judge of the circuit court or district court, any office which is filled by the vote of a single county, or constable.”

Moore is not those. I think unless there’s another provision I’m not seeing he cannot get a recount if it is outside the 0.5% margin.

[Gothmog]

1. From Prof Hasen

Link to tweet

?ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2Felectionlawblog.org%2F

[drray23]

2. even if he could he would have to find millions of dollars to pay for it.

since its not in the 0.5% margin. Given how cash strapped his campaign was I doubt he would be able. The RNC is certainly not going to foot the bill, Mc Connell seemed almost happy that Moore lost.

[Gothmog]

3. From Alabama Sec. of State

Link to tweet

[Justice]

4. Totally agree

I posted about this this morning but didn't see your post from last night.

https://www.democraticunderground.com/10029976267