Just when the Republican Party was beginning to process the pounding it took in Virginia, it was sent reeling by news that put Jeff Sessions’ old Senate seat in Alabama in real jeopardy. On Thursday afternoon, The Washington Post reported that Republican candidate in the special election to succeed now-Attorney General Sessions, former state chief justice Roy Moore, is facing accusations that he had an inappropriate relationship with a teenage girl in the 1970s.
Within hours of this story breaking, the Senate Republicans rushed to put some distance between themselves and the man who, even before Thursday, would have been the most controversial and toxic member of their caucus.
If there is any shred of truth to the allegations against Roy Moore, he should step aside immediately.
— Jeff Flake (@JeffFlake) November 9, 2017
If there is any truth at all to these horrific allegations, Roy Moore should immediately step aside as a Senate candidate.
— Sen. Susan Collins (@SenatorCollins) November 9, 2017
The allegations against Roy Moore are deeply disturbing and disqualifying. He should immediately step aside and allow the people of Alabama to elect a candidate they can be proud of.
— John McCain (@SenJohnMcCain) November 9, 2017
Rob Portman on Roy Moore:
"I think if what we read is true, and people are on the record so I assume it is, then he should step aside."
— The Dylan From Another World (@dylanlscott) November 9, 2017
Mike Lee, who endorsed Moore after the primary, says "“If these allegations are true, Judge Moore should resign”
— Ben Jacobs (@Bencjacobs) November 9, 2017
NRSC chair @CoryGardner statement:
“If these allegations are found to be true, Roy Moore must drop out of the Alabama special Senate election.”— Alex Burns (@alexburnsNYT) November 9, 2017
The message was obvious–if this story was at all true, the Senate Republicans want no part of Moore. Unfortunately, that may be easier said than done.
Under Alabama election law, if a candidate wants to pull out of the race, he must do so no later than 76 days before Election Day. In this case, since the special election is on December 12, the latest date to replace a candidate would have been September 23. Alabama law also states that if a candidate withdraws after the 76-day cutoff, it “shall not be cause for reprinting of the ballots.” Theoretically, Moore could end his campaign, but if he does so, Alabama law does not allow his name to be replaced, and any votes for him would not be counted.
The special election for Sessions’ seat is a little more than a month away, and absentee ballots listing Moore as the Republican candidate and Doug Jones as the Democratic candidate have already been mailed out. Alabama Secretary of State John Merrill, himself a Republican, told ThinkProgress’ Ian Milhiser that all things considered, “the Republican Party does not have any options.”
State and national Republicans spent most of Thursday afternoon and night scrambling for a way out of this sticky wicket. According to The New York Times, Lisa Murkowski of Alaska is already pressing Luther Strange, who was appointed to Sessions’ old seat and was defeated by Moore in the Republican primary, to mount a write-in campaign. Merrill says this would be perfectly legal. While Alabama has a “sore loser law” that bars a primary election loser from mounting an independent campaign, Merrill said that “a write-in is not appearing on the ballot.”
Write-in campaigns are very difficult by definition. However, RealClearPolitics’ average only gives Moore a six-point lead, which is way under what conventional wisdom would suggest a Republican should have at this stage of the race in this congested-red state. On paper, that’s enough for Jones to make things interesting in the event Strange and Moore split the Republican vote.
But what if Moore still wins? Well, theoretically, Moore would agree to immediately resign if elected, allowing Governor Kay Ivey to appoint a replacement. But Milhiser suspects that Moore’s reputation as a cowboy who flouts court orders doesn’t make that plan a sure thing. Indeed, he indicated as much with a furious tweetstorm on Thursday night.
https://twitter.com/MooreSenate/status/928770918758928384
https://twitter.com/MooreSenate/status/928770957958885376
https://twitter.com/MooreSenate/status/928771005845245952
https://twitter.com/MooreSenate/status/928771064406167552
Another option would be for the Senate to expel Moore with a two-thirds vote, which would force yet another special election. So Mitch McConnell and friends would have to consider voting Moore out, then cross their fingers and hope their Alabama counterparts don’t screw this one up.
One thing is certain. For at least the third time since the turn of the millennium, Moore has created a hot mess for his own party. Unlike the two instances where he was pushed off the bench for defying court orders, this one could potentially result in his fellow Republicans getting hit by shrapnel.
(featured image courtesy Moore’s Facebook)
