Office of Senate President Pro Tempore Del Marsh
Press Clips
Tuesday, March 22, 2016

Supreme Court sends Alabama redistricting case back for review (AP)

Will Alabama have to hold new Senate and House elections? (AL.com)

Education-related bills plentiful in Statehouse (Decatur Daily)

These six Alabama counties responsible for almost all population growth since 2010 (AL.com)

'The poultry industry never stops': How E-Verify, immigration rules work in Big Chicken hiring
(AL.com)

Verizon Wireless invested $39.2 million in Coastal Alabama and Florida in 2014 (AL.com)

Alabama Secretary of State requested 'Educate Baldwin Now' fix campaign flier (AL.com)

AT&T spends more than $1.3 billion on Alabama networks over past 3 years (AL.com)

Birmingham ad agency Luckie & Co. forms a board of advisors for advice on data, analytics,
operations (AL.com)

'How long, not long': Hundreds march to Alabama State Capitol to hear Martin Luther King's
words (AL.com)

March 2015 Column: Lt. Governor Ivey applauds First Lady Dianne Bentley’s stand against
domestic violence (Lt. Gov Key Ivey)

Alabama Republican Reps are all in as House passes 2016 budget: AL in DC (AL.com)

Supreme Court Rules Against Alabama in Redistricting Case (New York Times)
Supreme Court sends Alabama redistricting case back for
review
A divided Supreme Court on Wednesday said a lower court must take another look at whether
Alabama's Republican-led legislature relied too heavily on race when it redrew the state's voting
districts in a way that black leaders say limited minority voting power.
The justices split 5-4 across ideological lines in ruling that a three-judge panel did not properly
consider complaints that state officials illegally packed black voters into too few voting districts.
Writing for the court, Justice Stephen Breyer said the lower court should have reviewed claims of
racial gerrymandering on a district-by-district level, not just statewide. He also said the court didn't
apply the right test when it found that race wasn't the primary motivating factor.
Breyer said both the district court and the state legislature relied too much on a "mechanically
numerical" view of whether the new plan reduced minority voting strength.
"They asked how to maintain the present minority percentages in majority-minority districts, instead
of asking the extent to which they must preserve existing minority percentages in order to maintain
the minority's present ability to elect the candidate of its choice," Breyer said. "Asking the wrong
question may well have led to the wrong answer."
Justice Anthony Kennedy, often a swing vote, joined the court's four liberals in the majority, including
Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor.
State officials say they had no choice but to concentrate black voters in some districts, making
neighboring seats more white and apt to elect Republicans.
African-Americans challenging the state's Republican-drawn maps said black voters should have been
somewhat dispersed to increase their influence in elections.
A panel of three federal judges had ruled 2-1 in 2013 that the new districts were not discriminatory
and did not violate the Voting Rights Act or the Constitution.
Like other states, the Alabama Legislature had to redraw political boundaries to reflect population
shifts in the 2010 Census. The process can often lead to gerrymandering - the manipulation of district
boundaries to gain a partisan advantage.
In dissent, Justice Antonin Scalia said the court's majority "issues a sweeping holding that will have
profound implications for the constitutional ideal of one person, one vote, for the future of the Voting
Rights Act of 1965 and for the primacy of the state in managing its own elections."
Scalia said the challengers never really proved or even made formal arguments about district-specific
claims of racial gerrymandering. He complained that majority was allowing the challengers "to take a
mulligan," or have a second chance, despite their pursuit of a "flawed litigation strategy."
Scalia's dissent was joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel
Alito.
Thomas also issued a separate dissent.
"I do not pretend that Alabama is blameless when it comes to its sordid history of racial politics,"
Thomas said. "But, today the state is not the one that is culpable. Its redistricting effort was indeed
tainted, but it was tainted by our voting rights jurisprudence and the uses to which the Voting Rights
Act has been put."
Thomas added: "Long ago, the DOJ and special-interest groups like the ACLU hijacked the act, and
they have been using it ever since to achieve their vision of maximized black electoral strength, often
at the expense of the voters they purport to help," referring to the Department of Justice, which
enforces the Voting Rights Act, and the American Civil Liberties Union.
Alabama Rep. Darrio Melton, a Democrat from Selma, called the Supreme Court's decision "a step in
the right direction" but said he won't be satisfied unless the courts eventually order new districts line.
Before the new lines were drawn, Melton said, black voters who lived in majority white districts could
influence who was picked to serve in the Alabama Legislature.
"To take that away is basically to dilute their voices," Melton said.
Sen. Del Marsh, the Republican leader of the Alabama Senate, said he did not fear an additional court
review. He noted the Justice Department approved the plan in 2012 when Alabama was under a
preclearance requirement of the Voting Rights Act.
"I am confident that the plan is legal, fair and will once again be affirmed by the court," Marsh said.
______________
Will Alabama have to hold new Senate and House
elections?
The U.S. Supreme Court today ruled in favor of black plaintiffs who claimed that Alabama's legislative
district maps improperly packed African-American voters into minority districts, a decision that could
result in a redo of the 2014 legislative elections, lawyers for the plaintiffs said.
The Supreme Court did not rule that any districts were improperly drawn.
But it overturned the ruling of a lower court that had upheld the district plan and ordered that court to
reconsider the claims that some districts were racially gerrymandered in violation of the Equal
Protection Clause of the 14th Amendment.
Alabama Attorney General Luther Strange said he would continue to defend the districts and that
today's decision will not require new elections.
In a 5-4 decision, the court returned the case to a three-judge district court in Alabama, which had
upheld the legislative districts in a 2-1 decision in 2012.
The district plans, drawn after the 2010 census by the Republican-controlled Legislature, were used
for the first time in the 2014 elections.
The new district boundaries did not reduce the number of African-Americans in the Legislature.
But the Alabama Legislative Black Caucus, the Alabama Democratic Conference and others claimed
that the district plan reduced the influence of black voters in other districts by packing them into the
majority black districts.
"The high court's ruling confirms that the Republican-controlled legislature used the redistricting
process to increase partisan power rather than represent the interests of the people of Alabama,"
House Minority Leader Craig Ford of Gadsden said in a statement.
Top Republican lawmakers, Senate President Pro Tem Del Marsh of Anniston and House Speaker Mike
Hubbard of Auburn, predicted today that the districts would ultimately be upheld, noting that they
were pre-cleared by the U.S. Justice Department in 2012.
"I am confident that the plan is legal, fair and will once again be affirmed by the court," Marsh said in
a statement.
James Anderson, an attorney who represents the Alabama Democratic Conference, said he thinks it is
possible the plaintiffs and the state could reach an agreement on new district plans that would avoid
another trial.
Anderson said 2014 legislative elections might have to be redone with new districts.
Strange said today's ruling held that the district court applied the wrong legal standards in upholding
the district plan in 2012, but did not invalidate the plan.
"While I am disappointed that the Supreme Court vacated the district court's decision, the Court did
not invalidate the redistricting plan as a whole or any specific district," Strange said. "My office will
continue defending the State's legislative districts."
Read the US Supreme Court decision on Alabama's district plan.pdf
Justice Stephen Breyer wrote the opinion, and was joined by Justices Anthony Kennedy, Ruth Bader
Ginsburg, Sonia Sotomayor and Elena Kagan.
Justice Antonin Scalia wrote a dissenting opinion, joined by Chief Justice John Roberts and Justices
Samuel Alito and Clarence Thomas.
Thomas wrote a separate dissenting opinion.
In 1983, a federal court ordered a special legislative election in Alabama because of a dispute over the
district lines that had been used in the 1982 election.
State Sen. Jim McClendon, R-Springville, who chaired the committee that drew up the House district
plan approved in 2012, said the chances of the current case resulting in new elections is "very slim,"
partly because the court ordered to reconsider the plan has already approved it.
"If there is any redrawing (of district lines), and I don't think there will be, it will not be statewide,"
McClendon said.
Attorney James Blacksher, who represents the Legislative Black Caucus, Alabama Association of Black
County Officials and other plaintiffs in the case, said expects the case to result in new House and
Senate district plans, drawn by either the Legislature or the court.
"I'm sure we're going to urge the court to order mid-term elections," Blacksher said.
Blacksher said a key concern was the the Legislature failed to adhere to the principle of tailoring the
districts to align with county lines to the extent possible.
That dilutes representation for voters in counties that are unnecessarily split, he said.
McClendon said the goal of the committee was to draw fair districts. He said that was achieved
because the percentage of blacks in the Legislature remains proportionate to the population.
In Breyer's majority opinion, he wrote that the district court erred in its reasoning when it determined
that the Legislature did not use race as the predominant motivating factor in drawing the lines.
He also wrote that the district court wrongly concluded that even if race was the predominant factor, it
was permissible because its use was "narrowly tailored" to serve a "compelling state interest,"
maintaining the percentage of black voters in majority-black districts.
Breyer said that was a misinterpretation of the Voting Rights Act.
Rather than a specific percentage, Breyer wrote that the law requires states to maintain a minority's
ability to elect preferred candidates.
McClendon said that poses a confusing question for states.
"The real conundrum is there is not a number," he said.
The Supreme Court also reversed the district court's ruling that the Alabama Democratic Conference
lacked standing in the lawsuit.
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Education-related bills plentiful in Statehouse
A charter school bill already has been signed into law, but there still are dozens of bills going through
the lawmaking process that could impact K-12 education in Alabama.
Within their first three weeks in Montgomery, lawmakers passed bills allowing charter schools in
Alabama. It was priority legislation for Republicans and likely the most significant education-related
bill in the Statehouse.
“I believe it will be an important bill for the future of the state,” said Speaker of the House Mike
Hubbard, R-Auburn, late last week.
With about two months left in the session, more proposals on education could be filed.
Accountability changes
When lawmakers return Tuesday from spring break, Senate Bill 71, which makes changes to the 2013
Alabama Accountability Act, will be a priority in that chamber. The 2013 act gives tax credits to
families leaving failing public schools and allows for scholarships to help cover the cost of privateschool tuition.
Some on both sides of the aisle have said the scholarship money, up to $25 million a year pulled from
the education budget, isn’t going to students in failing schools as promised.
Senate President Pro Tem Del Marsh, R-Anniston, said he would seek a $10 million expansion of the
program. Marsh said some senators want to earmark most of the new scholarships for children in
failing schools, The Associated Press reported last week.
Marsh also seeks to tighten income requirements to focus the scholarships on lower-income families.
Virtual school requirement
House Bill 245 from Rep. Ed Henry, R-Hartselle, would require all public high schools to have a virtual
education component, either their own or contracted through another school or private company. It
likely is to be in the House Education Committee next week, committee chairwoman Rep. Terri Collins,
R-Decatur, said.
“I have not gotten push back from different groups,” Collins said Wednesday. “That is my main
intention, that before a bill reaches committee it has been thoroughly worked on.”
Henry said Wednesday the only opposition to the legislation has been from private, for-profit
companies that provide distance learning. They wanted a statewide virtual school, not individual
virtual schools.
“They wanted to compete for one contract and get the whole state,” he said.
With distance learning, students could take one or all of their classes online through another school
system and still participate in extracurricular activities and sports at the system where they’re
enrolled.
“It guarantees that every kid has access to quality online education,” Henry said.
He said the legislation could appeal to home-school parents, especially if they’re in a low-performing
public school system.
A companion bill in the Senate already cleared committee.
Another stab at Common Core
Senate Bill 101 would “terminate all plans, programs, activities, efforts and expenditures relative to
the implementation of the educational initiative commonly referred to as the Common Core
Standards.”
Common Core’s national math and English benchmarks, designed to ensure Alabama students learn
the same concepts in the same grades as students anywhere else in the country, were adopted by the
state Board of Education in 2010.
Common Core was developed by the National Governors Association and Council of Chief State School
Officers. Federal grant money has been tied to it, but Alabama hasn’t received any related to the
standards.
Opponents of Common Core equate the standards to federal intrusion. They have asked state leaders
to drop them.
The Shoals’ two state senators, Tim Melson, R-Florence, and Larry Stutts, R-Tuscumbia, are
cosponsors on the bill.
Melson said he’s heard from educators and parents about the standards and has specific concerns
about hidden agendas.
“(Standards) need to be about education, not social issues and persuasion,” he said Wednesday. “I
think the values of our kids need to be determined by their parents and not an outside influence.”
Legislation to repeal the standards has died in the past two sessions.
Senate Bill 101 has yet to have a vote in committee.
Some other bills that, if passed, could impact local schools.
House Bill 1 ensures students’ religious freedoms while in school. It passed the House and is now in
the Senate.
House Bill 5 and Senate Bill 22 remove statewide school calendar parameters and give control to local
school districts; they would still require 1,080 hours of instruction per year.
House Bill 21 says a student can be age 6 by the start of the second semester of first grade. Current
rules require students to be 6 at the start of the school year.
House Bill 23 requires students be taught cursive writing by the third grade.
House Bill 38 would allocate an additional $5 million for dual enrollment scholarships, bringing the
total line item in the education budget to $10 million. The House education budget committee said it
will handle this appropriation in the budget, not through separate legislation.
House Bill 46 uses bond money to purchase and install broadband in all public schools.
House Bill 236 allows home school students to participate in public K-12 extracurricular activities.
House Bill 243 and Senate Bill 224 allow someone age 21 or under on the day the school year begins
to be admitted or readmitted to a public high school to complete his or her 12th grade.
House Bill 252 regards sex education; it removes language in state code that states homosexuality is
not an acceptable lifestyle and a criminal offense.
House Bill 255 allows local systems to adopt a policy allowing high school students to be excused from
school to attend religious instruction conducted by private entities.
House Bill 270 repeals the Alabama Accountability Act passed in 2013.
Senate Bill 1 makes the installation of wireless networks a priority. It has passed the Senate and is in
the House.
Senate Bill 7 allows schools to educate students about “traditional winter celebrations” and offer
traditional greetings.
Senate Bill 43 makes the process easier for the state Department of Education to intervene in troubled
schools.
Senate Bill 54 requires civics instruction in grades seven through 12 as part of existing courses.
Senate Bill 114 provides grants for gifted-student programs — local matches are required.
Senate Bill 161 requires that students pass a civics test before they can graduate high school.
______________
These six Alabama counties responsible for almost all
population growth since 2010
The latest population estimates released Thursday by the U.S. Census Bureau tell a story that has
become familiar in Alabama over the past several decades - steady growth in urban counties and
steep decline in rural parts of the state.
Aside from Pickens County - where a prison skewed the numbers - the three fastest-growing counties
in the state from 2013 to 2014 were Baldwin (2.4 percent), Limestone (2.1 percent) and Lee (1.7
percent).
Shelby, Madison and Tuscaloosa counties also were in the top 10.
Those six counties also ranked among the state's top 10 in growth since the 2010 census.
Other than the Pickens County blip, according to researcher Greg Bell, it is "a lot of the same growth
we've seen the last several years."
The trends are older than just the last few years. In 1960, Shelby County had 32,132 residents and
ranked 27th in population in Alabama. Decade by decade, the county grew at a blistering pace, fueled
by Birmingham residents seeking the suburbs. Today, Shelby is the fifth-biggest county with 206,665
residents.
During that same time period, Baldwin moved from 15th-biggest county to seventh-largest and on the
verge of overtaking Tuscaloosa County. The population quadrupled, to 200,111.
Bell, research associate with the University of Alabama's Center for Business and Economic Research,
predicted population of the gainers will continue to grow rapidly.
"I think the trend will continue for decades," he said.
Growth challenges
The 2.4 percent annual growth in Baldwin County, defined as its own metro area, was good for 12thgreatest in the country among metro areas between 2013 and 2014.
"People love the atmosphere around here," said Baldwin County Commission Chairman Charles "Skip"
Gruber, citing good schools, low crime and other quality-of-life perks as top draws. "You have so much
to do around here."
The challenge, Gruber and others said, is to keep making sure demand for government services does
not outstrip the county's ability to provide them.
Officials in Lee County face a similar dilemma. It has added 14,000 residents since 2010. Neighboring
Russell County has been the fastest-growing county in the state since then, increasing the population
by 12.6 percent.
Tawny Hampton, the transit director for the Lee-Russell County Council of Governments, said
managing the region's bus system sometimes is a challenge. Between 26 and 28 buses roll each day,
carrying 350 to 400 passengers on an appointment basis.
"We're picking up more people. More people are scheduling rides on buses," she said. "Sometimes it's
tight. I'm on a limited budget. ... The first of the month and the end of the month, it gets busy. The
middle of the month, it slows down. If it continues growing, yes, we're going to need to have more
buses and hire more drivers in the future."
Lee County Administrator Roger Rendleman said he thinks Lee County draws people attracted to
Auburn University and good local schools, in addition to less traffic congestion. He said he knows of
three people who have moved to Lee County from Montgomery within the past 16 months.
"On the plus side, it's helping to expand our tax base," he said. "On the flip side, more residents
means more strain on services. ... It's also a challenge to try to keep the things that draw people
here."
The Auburn-Opelika metro area, which includes Lee and Russell counties, has been the state's fastestgrowing since 2010 - even faster than Baldwin, 10 percent vs. 9.8 percent.
Rendleman said Lee has begun to attract retirees and also gets some people who telecommute rather
than live in places like Atlanta where it takes an "hour to travel a couple of miles when they leave
their homes."
Rendleman said his in-laws live on the northeast side of Atlanta but added, "I can get to the airport
faster than they can."
The population losers
On the other side of the coin, Macon County posted the biggest population decline from 2013 to 2014,
shedding 2 percent. Since 2010, it has lost nearly 10 percent of its population.
Perry, Lowndes, Coosa and Greene counties all also rank among the 10 fastest-declining counties over
the past year and since 2010.
Put the gainers and the losers together, and they result in a state that largely is stagnant. Alabama as
a whole inched up by .3 percent over its 2013 total. Since 2010, the population has increased by 1.3
percent.
Only 28 of the state's 67 counties have grown since 2010, and of those, six counties - Baldwin,
Madison, Lee, Shelby and Limestone - have been responsible for three-quarters of the increase.
Among the state's largest counties, Montgomery County stands apart. It now has declined in
population three consecutive years.
Michael Briddell, a spokesman for the city of Montgomery, said he believes state government cuts and
reductions at Fort Maxwell Air Base contributed to the population decline prior to this last year. Since
then, he said, city officials believe they have turned a corner.
"We're really, really looking forward to seeing whether this is an aberration or part of a trend. We
believe we've done some things to improve our economy. The unemployment rate is down," he said.
"It's so baffling to us (to see population declines) because during those same three years, we've had
the biggest increase in home sales in the state of Alabama."
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'The poultry industry never stops': How E-Verify,
immigration rules work in Big Chicken hiring
Want a job? Alabama's poultry factories are hiring.
Just ask Bruno Gonzalez, who is on the lookout for new workers to fill Wayne Farm's chicken plants.
Gonzalez, 45, is a recruiter for the firm, one of the major players in Alabama's massive, $15 billion
chicken business.
It's his job to ensure that the factories maintain a steady supply of workers despite what he calls a
"revolving door" of employees. Wayne Farms' Decatur plant has a 75 percent turnover, its Albertville
plant a 25 percent turnover.
"The poultry industry is a tough business," Gonzalez said. "The (workers) are working in a tough
working environment, it's cold, and they're standing eight hours a day, but they're making a living."
Gonzalez spends his days advertising the jobs at job fairs and Mexican grocery stores. The jobs, which
do not require English literacy, offer steady work and good pay. According to the U.S. Department of
Labor, meat, poultry and fish cutters and trimmers in Alabama make a a $23,850 median wage.
Gonzalez says that about 70 percent of Hispanic applicants won't make it through the employee
screening due to their immigration status. Immigration advocates say that about 80,000
undocumented immigrants live in Alabama.
"Finding them is a minor challenge," Gonzalez said. "Once I do, it's getting them to come through the
doors."
Once the employee is hired, some employers will cross check their papers using a federal system,
known as E-Verify. The system will match their identification information to a federal database.
Alabama business are required to use E-Verify as part of Alabama's 2011 anti-illegal immigration bill.
But that law, initially one of the toughest immigration laws in the nation, has been defanged by
federal courts.
E-Verify
One section of the law that remains intact concerns E-Verify.
Montgomery attorney Nici Kersey runs a consulting business centered around E-Verify. She helps
businesses comply with the law, audits their E-Verify use, and defends out-of-state firms if U.S.
Immigration and Customs Enforcement seeks fines or penalties.
"It is a pain, and depending on your industry it can cause problems with recruitment," Kersey said.
"But a lot of employers like that it gives them a peace of mind.
"It makes them feel confident that ICE isn't going to come in tomorrow and cause them to fire half of
their workforce because they have confirmation from E-Verify that those people are licensed to work."
One problem with E-Verify is that employees who challenge E-Verify's findings are entitled to
employer hearings, which can take weeks or months. Meanwhile, the workers in question can keep on
working.
Complicating matters is that employees who worked for Alabama businesses prior to 2012 are not
subject to the E-Verify law.
Some manufacturing businesses say that having to use E-Verify makes them less-competitive with
non E-Verify states when it comes to recruiting employees, Kersey said. So they don't use it.
"They know their competitor across state lines is not using E-Verify, does not have to use E-Verify,
and is able to find bodies to do work," she said.
'The numbers are pretty startling'
Kersey also said that compliance with E-Verify - even in states that require it - is often spotty.
A 2013 story in the Arizona Star stated that fewer than half of all state businesses had registered in EVerify since the state's immigration law requiring it took effect in 2008.
In Alabama, less than 11 percent of all firms have registered in E-Verify, despite the state law.
Birmingham attorney Wendy Padilla-Madden, who also specializes in the system, attributes the low
user rate to lack of enforcement, and ignorance on behalf of business owners.
"The numbers are pretty startling," Padilla-Madden said.
The system is also imperfect. For example, E-Verify may not always flag documents belonging to a
friend or family member.
A 2012 federal study also showed that the E-Verify software had a .3 failure rate when it came to
flagging potential non-authorized workers in 2010. But six percent of workers that were flagged by EVerify in 2009 (15,000 of 191,000) proved that they were authorized to work upon appeal.
Ira Mehlman, a spokesman for the conservative group Federation of American Immigration Reform,
said the largest impediment to immigration enforcement is "political will, not technology." E-Verify
gives businesses the "tools they need to comply with the law."
"You have business interests that they want to be able to hire the cheapest workers they can find,"
said Mehlman, whose group helped write Alabama's immigration law.
Worker permits and Obama's plan
Granting more immigrants work permits is one way that poultry plants can keep their factories
running.
Gonzalez, the Wayne Farms recruiter, said that U.S. President Barack Obama's executive order on
immigration would "open doors" and make his job easier.
Advocates say about 25,000 undocumented immigrants in Alabama, many of them with children,
could qualify for work permits under the executive order. A federal judge in Texas has held it up.
Meanwhile, Alabama Poultry & Egg estimates there are about 86,000 jobs related to poultry in
Alabama.
The need for more workers was not lost on Alabama Poultry and Egg Association executive director
Johnny Adams.
He and other industry advocates have supported comprehensive immigration reform.
"We're not like the textile industry and automobile industry, we have a perishable product," Adams
said. "You can't shut a line down because folks don't show up. The poultry industry never stops."
_____________
Verizon Wireless invested $39.2 million in Coastal Alabama
and Florida in 2014
Verizon Wireless spent nearly $40 million last year to upgrade infrastructure in the area from Coastal
Alabama to the panhandle of Florida. The improvements have resulted in faster and more dependable
wireless calling, video and audio streaming and Internet surfing, the company said.
The investment included upgrades to the company's XLTE and 4G LTE services. Cell sites were
deployed in 33 new locations from Mobile to Pensacola, Fla. to boost service in the region.
The buildup in network infrastructure is a part of the company's ongoing effort to stay ahead of
demand for voice and data services. Each year the company devotes millions of dollars for network
enhancements.
The XLTE service can double the capacity of Verizon's high-speed 4G LTE network, the company said.
In a prepared statement, Krista Bourne, Verizon's president of the Gulf Coast Region, said the
company is committed to providing "the most reliable network possible."
"We were particularly excited to launch XLTE this past year, as it provides 4G LTE services better,
faster and to even more customers," Bourne said.
"In the coming year, we will continue to focus on our customers and their everyday needs by
empowering them with the latest in innovative technology backed by a network they can count on
when they need it most."
_______________
Alabama Secretary of State requested 'Educate Baldwin
Now' fix campaign flier
The Alabama Secretary of State's Office requested Tuesday that an opposition group on the March 31
Baldwin County school tax referendum amend its recently released campaign flier to include contact
information.
Brent Beal, an attorney with Secretary of State John Merrill, said Wednesday that Matthew Brown,
organizer of "Educate Baldwin Now," informed their office that they plan to include disclosure
information on the flier, which lists five reasons the public should "Vote No" against the referendum.
The disclosure information was not originally listed on the campaign fliers distributed during Monday's
forum at Wintzell's Oyster House in Spanish Fort, a violation of the Fair Campaign Practices Act.
Voters will decide Tuesday whether property taxes should be increased by 8 mills to support a 10year, $350 million school building program.
"It didn't say who it was paid for and who (the flier) was published by," Beal said. "It has to have a
name and address on it. We asked that he do that."
Beal said no formal complaint was filed against Educate Baldwin Now and that the state doesn't plan
to pursue action against the group. He said that Brown has since corrected the error.
"It's a political issue where first time folks helping out with campaigns get involved with these things,"
Beal said. "It's an example of where someone who has never ran for office is trying to get involved in
the political process and made an error."
He added, "As soon as he was notified of it, they took the corrective action."
In a news release issued Wednesday, Brown said he was unaware about problems with the campaign
flier and said it represented "another attempt" by the School Board to "smear the opposition with
petty accusations."
A campaign flier circulated during a public forum on Monday, March 23, 2014, was the subject of a
review by the Alabama Secretary of State's Office. (John Sharp/jsharp@al.com).
Brown said that Educate Baldwin Now started off as a website to combat "misinformation being
propagated by" the school system.
Brown, who is a representative of the Young Republicans of Baldwin County and is coordinator of the
Eastern Shore Metropolitan Planning Organization, said he "takes full responsibility for any failures to
comply with" campaign laws. He said that "any failures" were not intentional.
"Educate Baldwin Now is a small grass-roots effort with volunteers who try to find time to work on the
initiative in their free hours in the early morning or late at night," Brown said. "Build Baldwin Now is
using $150,000-plus in tax payer dollars to pay full-time staff and attorneys to operate its campaign.
Despite the David and Goliath odds, (Educate Baldwin Now) has made every effort, and will continue
to make every effort, to comply with the law."
Cody Phillips, president of the Daphne/Fairhope chapter of the Common Sense Campaign - opponents
of the additional 8 mills -- said he believes Brown has done what he needs to do to correct the flier
and blasted the school system for bringing up the issue.
"I believe these are things the BOE is doing in desperation to discredit a lot of the things we're
bringing about," he said.
The latest issue to arise from the hotly contested campaign comes the same time that the latest
campaign filings from Tuesday show the Baldwin County School System pumping more public money
into the Build Baldwin Now campaign.
The school system, according to campaign records, has spent $84,000 this month to support
referendum proponents, although opponents - like Brown -- say that figure could be up to $150,000
or more.
Educate Baldwin Now formed a political action committee this month, but has not reported any
expenditures or contributions, according to the Baldwin County Probate Office's records.
______________
AT&T spends more than $1.3 billion on Alabama networks
over past 3 years
AT&T made 370 broadband, capacity and connection upgrades to its Alabama network in 2014, the
telecommunications company announced this week in its year-in-review report.
The firm said it spent more than $1.3 billion on its wireless and wired Alabama networks from 201214 to improve reliability, coverage, speed and performance for residential and business customers.
"With a growing range of connected home appliances, cars and wearable devices, we depend more on
network connectivity than ever before," said AT&T Alabama President Fred McCallum.
AT&T also invested in its Project Velocity IP (VIP) network enhancement and expansion plan. In 2014
alone, the company made 429 wireless network improvements in Alabama through new cell sites,
additional network capacity and new wireless high-speed Internet connections.
Talladega/Sylacauga, Gadsden, Anniston and Enterprise/Ozark were added to AT&T 4G LTE network in
2014, while Montgomery and the Chattahoochee Valley area, including Auburn/Opelika, were equipped
with AT&T's U-verse.
As of early December, AT&T had filled more than 445 jobs in 2014 and was still hiring. AT&T has
multiple job listings on att.jobs/careers.
________________
Birmingham ad agency Luckie & Co. forms a board of
advisors for advice on data, analytics, operations
Luckie & Company, the venerable Birmingham advertising agency, has announced the formation of a
first-ever Board of Advisors, a move the firm hopes will allow it to stay up to date on important
changes in the industry.
The board will consist of experts in such areas as data, analytics, marketing and business operations
who have "a keen eye for how marketing and advertising are evolving," according to a news release
from the agency on Friday.
The members of the board are "knowledgeable about the industries in which we operate, and I greatly
appreciate their expertise in helping us to achieve a more robust agency model," Luckie chairman and
CEO Tom Luckie said in the release.
The agency announced the names of the first members of the new board.
Ken Trush, based in New York, is the principal and founder of Ken Trush LLC and has expertise in
operations and finance, as well as corporate development and post-merger integration, according to
the release. He provides services to marketing, digital and advertising companies.
Ken Ferrell served as vice president of commercial operations at Galderma Laboratories in Fort Worth,
Texas -- a worldwide dermatology company owned by Nestle -- until he retired in 2014 after 28 years
with the firm.
During his tenure at Galderma, Ferrell oversaw IT services, primary and secondary market research
activities, digital marketing services, sales force operations and business development services.
Luckie will name additional members to the new board over the course of the year, a spokesman for
the firm told AL.com today. The members will consult with the firm's board of directors.
Founded in 1953, Luckie -- which now refers to itself as "a human experience agency" with a focus on
customer engagement -- has offices in Birmingham and Atlanta and satellite locations across the
United States.
The agency's clients include Brown-Forman, GlaxoSmithKline, Little Debbie, Regions Bank and
Southern Company.
_________________
'How long, not long': Hundreds march to Alabama State
Capitol to hear Martin Luther King's words
Fifty years ago today, the last Selma-to-Montgomery march for voting rights ended at the Alabama
State Capitol with the Rev. Martin Luther King Jr. leading a group of 25,000.
Today, fifty years later, was another historic day as hundreds of marchers began a short journey from
the City of St. Jude in west Montgomery -- the first integrated hospital in the southeast and the last
campsite for the Selma-to-Montgomery march - and finally reaching the front steps of the state
capitol.
The Rev. Bernice King spoke for her father today reciting his famous "How Long, Not Long" speech
and sounding more and more like her father as the speech continued.
"Today, I stand where (my father) could not stand," she said, urging Congress to restore the Voting
Rights Act marchers fought for and encouraging everyone to register to vote.
A long-list of speakers, including Alabama Gov. Robert Bentley, Montgomery Mayor Todd Strange and
U.S. Rep. Terri Sewell, D-Alabama, spoke largely of how the state of Alabama and the nation has
changed over the last 50 years. They echoed the need to register to vote and go to the polls.
Speaking passionately from the capitol steps, Sewell said marching today isn't enough.
"What matters is what Congress will do now," she said. "We must restore the Voting Rights Act.
"We must remember we are here not just because they fought and they marched (50 years ago). We
are here to make sure that doors are open and broke down so others can walk through," Sewell
continued later.
Hundreds of marchers and spectators bared the warm sun to hear King speak her father's words. And
just like so many years before, the crowd responded back to those words.
"How long? Not long, because the arc of the moral universe is long, but it bends toward justice.
How long? Not long, (Not long says the crowd) because: Mine eyes have seen the glory of the coming
of the Lord;
He is trampling out the vintage where the grapes of wrath are stored
He has loosed the fateful lightning of his terrible swift sword;
His truth is marching on.
Kennedy said if Dr. King could see her and his daughter today she believed he "would smile and say
amen."
She recounted her father's apology to marchers, which took place 30 years after the march.
In 1995, at 75 years of age, Wallace apologized to marchers in Montgomery, but he was too sick to
give a speech. An aide read the speech for him.
"On that day (50 years ago), my father did not know he was on his own road to Jericho," Kennedy
said.
Today, many of Kennedy's softly spoken words couldn't be heard by the crowd.
Southern Poverty Law Center founder Morris Dees received the biggest cheers from today's crowd.
Speaking from the State Capitol, Dees said Alabama's political leaders, including Bentley and Alabama
Supreme Court Chief Justice Roy Moore, are still on the wrong side of history.
"If Dr. King was here today seeing the political climate around the state ... he would say 'How much
longer?,'" Dees said.
"As soon as the United States Supreme Court struck down and gutted the Voting Rights Act, our
legislator behind me controlled by the Republicans passed a law to restrict the right to vote in this
state," he said.
Today, however, the U.S. Supreme Court ruled in favor of black plaintiffs who claimed that Alabama's
legislative district maps improperly packed African-American voters into minority districts.
Dees said thousands of people in Alabama can't afford to have healthcare because state lawmakers
refuse to buy into Medicaid.
Dees said Moore is on the wrong side of history for his vehement stance against same-sex marriage.
Montgomery native Evelyn Morgan marched today just like she did 50 years ago at the age of 16.
"It was awesome," she said, after sipping a bottle of water and sitting to rest. "We were marching for
voting rights. Dr. King was a motivator."
At 16, Morgan was already a mother of two young children, and today she marched for her
grandchildren.
Fifty years ago, she said she didn't have a way to get to Selma for the start of the march, but she
started the same place she did today at the City of St. Jude.
Morgan recalled her parents were at a march meeting at First Baptist Church on Ripley Street in
Montgomery when it was bombed. Thankfully, no one was injured.
"Some of it was scary, but you just have to be brave," she said, of participating in the marches.
"When you are young, you aren't as afraid anyway."
Earl and Sharon Halmon, originally of Detroit, participate in the Selma-to-Montgomery march every
other year. They retired in Crestwood, Fla.
"We must continue to march," Earl Halmon said. "We still have a lot going on - we still have a lot to
march for."
Halmon, who was 10 years old in 1965, said younger generations can't forget what their fathers ,
grandfathers and great-grandfathers have fought and marched for. They have to continue to follow
King's message of marching peacefully.
"I am glad to see the young people marching today," he said. He doesn't want young people to be
afraid to march now for what they believe in whether it be registering to vote or against police
brutality.
"People sacrificed for you to have that right and people are still not doing it," Halmon said.
_______________
March 2015 Column: Lt. Governor Ivey applauds First Lady
Dianne Bentley’s stand against domestic violence
Press conferences and rallies occur almost daily on the Statehouse steps during the Legislative
Session. Advocacy groups and citizens display their support, or lack thereof, for a number of issues.
Promoting a cause at the foot of the house of government elevates the issue and captures attention.
Though not the rule, most groups’ messages resonate more profoundly with one side of the aisle or
the other. So when more than two dozen legislators of both parties, members of the Governor’s
Cabinet, agency heads, and advocates gather as a show of support for new proposed legislation, the
interest in the issue is justifiably heightened.
This is exactly what happened last week when Alabama’s First Lady Dianne Bentley presented
legislation to combat domestic violence in our State. I was proud to stand with the group as she
described her passion to strengthen laws in protection of victims. As an elected State leader and a
woman, I applaud the First Lady for her leadership on this issue.
It’s an issue that should be void of partisan politics and handled delicately as to not put victims in any
further danger. Mrs. Bentley is the ideal person to be a champion for women and men who live in
compromising conditions. Her genuine heart for people is evident and her sincerity is unquestionable.
She is normally reserved in nature, so when she speaks about this issue, people listen.
Domestic violence does not discriminate. People from all walks of life, socioeconomic status, and
regions of the State are affected. Men can be victims, too, but more than 80 percent of domestic
violence victims are women, so research gathered typically trends toward women. One of the statistics
Mrs. Bentley cited was most startling to me: A woman is beaten every 9 seconds in the U.S. More
than 38 million women have experienced physical intimate partner violence in their lifetime. Only 25
percent of physical assaults against women are reported to the police annually.
In Alabama, laws and funding for services rank among the weakest in the nation. Statistics are limited
due to a lack of reporting and recording. That’s part of what Mrs. Bentley’s legislation will fix. In 2013,
20,000 cases were reported to the police, but we know there were many more undocumented
incidents. The number of victims turned away from shelters due to overcapacity has doubled.
Mrs. Bentley’s legislation, sponsored by Senator Clay Scofield (R-Guntersville) and Representative
Mike Jones (R-Andalusia), forms the Domestic Violence Trust Fund and the Domestic Violence Capital
Improvement Program. The legislation modernizes Alabama’s domestic violence laws, improves
services to reach the demand, and strengthens victim protection through law enforcement and judicial
provisions. After touring all of the domestic violence centers across the State, one of the observations
Mrs. Bentley noted was the difference in facility condition, quality, and services. The Domestic
Violence Trust Fund and Capital Improvement Program provide funding for domestic violence facilities
in need. Additionally, a provision in the law establishes accountability and standards in service. The
final component of Mrs. Bentley’s legislation deals directly with the perpetrators. Provisions of the law
will be strengthened dealing with domestic violence crime scenes, protection orders, and court
proceedings. A police report will be filed regardless of an arrest and judicial officers will have greater
punishment alternatives for those who violate any protective order, conditional release, or bail.
It is disturbing to consider that homes across Alabama that are meant to be a place of solace and
security become venues for violence and many victims may feel they do not have a way out.
A First Lady may choose from a variety of issues what to take on as her platform. Hundreds of worthy
causes are waiting for a champion, but awareness and change are most effective with the right person
with the right heart leading the way. I believe that’s what we have in Mrs. Bentley for the cause of
domestic violence victims’ support. I hope you’ll join me in thanking our First Lady for this good work
and encourage your lawmakers to support her legislation.
________________
Alabama Republican Reps are all in as House passes 2016
budget: AL in DC
The U.S. House has passed the Republican version of the 2016 budget.
The measure, which passed on a vote of 228-199, received the support of every Republican from the
Alabama delegation. Included in the budget is $96 billion for the Pentagon's war fund, almost a $40
billion increase over the White House's proposal.
All told, the House Budget Resolution sets defense spending at $619 billion.
The measure would also balance the budget in nine years by cutting $5.5 trillion in spending over the
next 10 years. It does not, however, repeal sequestration; the across-the-board cuts that military
leaders said are having a huge impact on operations. Those reductions would be offset by the
increased war fund, which is not subject to the 2011 spending caps.
The budget also calls for a repeal of the Affordable Care Act and cuts to Medicare.
What our reps are saying:
Rep. Martha Roby, R-Montgomery, said while "not ideal" the increased war fund will allow the
Pentagon to overcome sequestration limits.
"I voted against the law that created sequestration, and I continue to advocate changing it to treat our
military fairly. But, we still have a responsibility to make sure our military has the training and
resources it needs to meet global threats," she said. "In a dangerous world, we cannot allow the illadvised sequestration law to keep us from properly funding national defense."
Rep. Gary Palmer, R-Hoover, echoed Roby's sentiments that while the budget is not perfect, it does
help turn the country in the right direction.
"This budget creates a framework for reducing the size and scope of government by proposing serious
reforms that steer us in the right direction. It repeals Obamacare, strengthens Medicare by providing
market incentives for both better and less expensive care, lifts the ban on crude oil exports and
creates work requirements for welfare," he said.
Rep. Mike Rogers, R-Saks, said he's pleased the bill ensures enough defense spending to help offset
sequestration cuts. He also praised the provisions to balance the budget.
"Across East Alabama, hard-working families live on a budget - even when it means making some
tough spending decisions. The Federal government should do the same thing," he said.
Rep. Bradley Byrne said the House budget is in "stark contrast to President Barack Obama's spendingfilled" proposal.
"Unlike President Obama's budget, which never balances, our budget achieves balance in less than ten
years with serious reforms to mandatory spending and cuts to wasteful spending programs. Our
budget strengthens and preserves Social Security and Medicare," he said.
Aderholt chosen Legislator of the Year
Rep. Robert Aderholt, R-Haleyville, has been selected as the National Association of Development
Organizations' Legislator of the Year.
Aderholt said he was particularly honored to receive an award from an organization dedicated to
growing communities.
"Local development organizations play a vital role in creating economic growth and economic
opportunity. Whether it's working to make sure that all levels of government stay on the same page,
assisting communities in grant preparation, or developing a regional plan to ensure long-term growth,
NADO organizations make a tangible difference every day of the year," he said.
Same name...again
For years, Rep. Mike Rogers of Alabama had to share the House with Rep. Mike Rogers of Michigan.
Michigan's Mike Rogers is no longer the House but on Wednesday, Alabama's Mike Rogers sent out a
photo of him with, you guessed it, another Mike Rodgers (a little different spelling but still sounds the
same.)
This one is a pastor in California.
______________
Supreme Court Rules Against Alabama in Redistricting
Case
The Supreme Court on Wednesday sided with black and Democratic lawmakers in Alabama who said
the State Legislature had relied too heavily on race in its 2012 state redistricting by maintaining high
concentrations of black voters in some districts.
The vote was 5 to 4, with Justice Anthony M. Kennedy joining the court’s four more liberal members to
form a majority.
Justice Stephen G. Breyer, writing for the majority, said a lower court had erred in considering the
case on a statewide basis rather than district by district. He added that the lower court had placed too
much emphasis on making sure that districts had equal populations and had been “too mechanical” in
maintaining existing percentages of black voters.
The Supreme Court vacated the lower court’s ruling and sent the two consolidated cases — Alabama
Legislative Black Caucus v. Alabama, No. 13-895, and Alabama Democratic Conference v. Alabama,
No. 13-1138 — back to it for reconsideration.
Richard L. Hasen, an expert on election law at the University of California, Irvine, said Wednesday’s
decision might represent only a short-term victory for the plaintiffs.
“It seems likely on remand that at least some of Alabama’s districts will be found to be racial
gerrymanders,” he wrote in a blog post. “This means that some of these districts will have to be
redrawn to ‘unpack’ some minority voters from these districts.”
“But do not be surprised,” he continued, “if Alabama pre-empts the lawsuit by drawing new districts
which are less racially conscious but still constitute a partisan gerrymander which helps the
Republicans have greater control over the Alabama legislative districts.”
In dissent, Justice Antonin Scalia said the decision was “a sweeping holding that will have profound
implications for the constitutional ideal of one person, one vote, for the future of the Voting Rights Act
of 1965, and for the primacy of the state in managing its own elections.”
Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. joined the
dissent.
The 2012 maps were challenged by the Alabama Legislative Black Caucus, the Alabama Democratic
Conference and other plaintiffs. They said Republican state legislators had engaged in “racial
gerrymandering” by paying too much attention to making districts almost identical in population and
by making sure that substantial black majorities in existing districts were not even slightly diminished.
In defending the legislative maps, state officials have said they had to maintain the high
concentrations to comply with Section 5 of the federal Voting Rights Act, which they said barred any
diminution of the black population in particular districts. The Supreme Court effectively struck down
Section 5 in 2013.
A divided three-judge Federal District Court panel ruled that the redistricting plan was lawful. Judge
William H. Pryor Jr., writing for the majority, said that black voters in Alabama were politically active
and had been successful in electing their favored candidates.
In dissent, Judge Myron H. Thompson said “there is a cruel irony to these cases” in light of the
Supreme Court’s 2013 decision.
“Even as it was asking the Supreme Court to strike down” part of the Voting Rights Act, Judge
Thompson wrote, “the state of Alabama was relying on racial quotas with absolutely no evidence that
they had anything to do with current conditions, and seeking to justify those quotas with the very
provision it was helping to render inert.”