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Jim Zeigler

Alabama State Auditor Jim Zeigler on Sunday filed a lawsuit seeking an election to replace former U.S. Senator Jeff Sessions as soon as possible, rather than in November 2018, the date Gov. Robert Bentley has set.

Sessions resigned Feb. 14 when he was confirmed as U.S. Attorney General in the Trump Administration. Bentley appointed former Alabama Attorney General Luther Strange to take Sessions' former senate seat.

"Rather than being able to vote for a replacement U.S. Senator in a timely manner, they (plaintiffs) must suffer a Bentley appointee to hold the seat for nearly two more years," according to the lawsuit filed Sunday in the state online court system. "As aggrieved voters and based on the facts stated in (state law), plaintiffs have a cause of action for declaratory and injunctive relief to compel Governor Bentley to follow Alabama law."

The lawsuit seeks a declaration by Montgomery Circuit Judge J.R. Gaines, who has been assigned to the case, to declare state law requires an election to be set "as expeditiously as possible" to fill Sessions seat and an order requiring Bentley to set one.

Bentley's Chief Legal Adviser David Byrne issued a statement Monday afternoon in response to Auditor Zeigler's latest lawsuit.

"The Governor set the election in the way state and federal law requires," Byrne stated. "Auditor Zeigler has filed this wasteful lawsuit without even proposing an election date he believes to be legal or feasible. He is urging the State to defy a federal-court order and to ignore other important requirements of the law. The Governor will vigorously defend this meritless suit."

The lawsuit cites a Feb. 13 Legislative Reference Service Memo that states that Alabama law "requires Governor Bentley to hold a special election to fill the vacancy of Senator Jeff Sessions without delay at some time prior to the 2018 General Election."

(Albert Cesare/The Montgomery Advertiser via AP)

According to the lawsuit a state law "clearly and specifically mandates three scenarios for the setting of a special election" for a vacant U.S. Senate seat:

- Scenario One: If the vacancy occurs within 60 days of a regular election, the special election shall be set on the first Tuesday after 60 days from the date of the vacancy.

- Scenario Two: If the vacancy occurs within four months of a regular election but not within 60 days of it, the election shall be held at the time of the regular election.

- Scenario Three: If the vacancy occurs more than four months from the next regular election, the special election shall be set forthwith.

"Because the vacancy in the U.S. Senate seat occurred 21 months before the next regular election scheduled for November, 2018, Scenario Three governs, and Governor Bentley has a ministerial duty to schedule an election to fill the vacant seat forthwith," the lawsuit states.

Instead, Bentley, "in defiance of the statute, has used Scenario Two, which applies only when the vacancy occurs within four months of the next regular election."

Tommy Chapman, a retired District Attorney for Conecuh and Monroe counties, also is a plaintiff in the lawsuit with Zeigler. Chapman also is Chairman of the Democratic Executive Committee of Conecuh County and has been for 25 years.

Zeigler has requested a non-jury bench trial before the judge. No hearing has yet been set in the case.

"The whole thing stinks," Zeigler stated in a prepared statement Monday. "We've got a Bentley appointed senator instead of a peoples' elected senator."

"Under the illegal delay by Gov. Bentley, his anointed U.S. Senator gets a free ride for almost two years before an elected Senator can take office," Zeigler stated.

Zeigler also called Bentley's appointment of Strange "a dark cloud over Alabama."

Zeigler stated Strange's office was believed to be investigating Bentley related to the former head of the Alabama Law Enforcement agency, Spencer Collier last year.

A separate investigation by the Alabama House impeachment committee was halted Nov. 3 at Strange's request. He said his office was doing "related work."

Strange had announced he would run for the vacant U.S. Senate seat but would not apply for appointment by Bentley, Zeigler stated. Strange then proceeded to interview with Bentley for the job, he stated.

Strange is to serve until an election is held to fill the seat for the remainder of Sessions' term, which ends in January of 2020.

Zeigler v Bentley by KentFaulk on Scribd