Earlier this year, Alabama passed a law extending the right to vote to thousands of residents previously barred from voting for low-level felony convictions. But Merrill decided this spring that his office would not reach out to these individuals or more broadly promote the new law to the people who might now be able to register. “I’m not going to spend state resources” to notify “a small percentage of individuals who at some point in the past may have believed for whatever reason they were disenfranchised,” he
told the
Huffington Postin June.
In October, Merrill claimed that nearly 700 people had voted illegally in the September Republican Senate primary runoff election, which Moore won to become the party’s nominee. He alleged that people who had previously voted in the Democratic primary had crossed over to vote in the Republican runoff. The state banned such crossover voting earlier this year, though Merrill’s office
did little to publicize the change. Merrill said he would hand over the names of alleged crossover voters to prosecutors and urged them to punish the guilty to the maximum allowable sentence. “In our republic, ignorance of the law has never been viewed as an excuse,” he
said at the time. Rep. Terri Sewell, Alabama’s sole Democratic representative in Congress,
said prosecuting Alabamians for breaking a new, little-known law was “a modern-day voter intimidation tactic, in line with a long and problematic history of voter suppression throughout the State.”
But Merrill’s claims turned out to be overwrought. When county probate judges began to review the names, they found scant evidence of any crossover voting. Of the 380 names Merrill submitted in Jefferson County, the state’s most populous county, the probate judge
found zero instances of crossover voting. The
Huffington Post contacted several other probate judges in Alabama who were unable to confirm any instances of crossover voting. Merrill, his critics claimed, had threatened p