Jay Dill is dropping out of the race for the seat, apparently ceding the Republican nomination to K.L. Brown.
Dill made the announcement last week in a press conference at the Jacksonville Community Center. Dill also said he would place all of his support behind Brown.
"I know it was a tough decision, but an unselfish one," Brown said. "I strongly believe he can help us win this general election."
Brown and Dill were the top finishers in a primary election Jan. 5, with Brown garnering 46.5 percent of the 2,311 votes cast while Dill got 19.6 percent of the votes.
"I did the numbers," said Dill, "and they just didn't work. Sometimes you have got to think with your head instead of your heart."
According to Dill, by dropping out meant saving the state and county governments as much as $48,000 for the cost overseeing a runoff election, led to his decision to quit the race.
"My campaign platform called for a reduction in state spending and waste," Dill said. "By moving the general election to Feb. 16, we eliminate the need for a runoff election that would cost our state and county thousands of dollars — dollars that we can now put toward other initiatives like job creation and programs to enhance education."
As for the 19.6 percent of the voters who supported him, Dill says he is extremely appreciative of the support and the fact that people put their trust in him. Now, Dill says that they should join him in supporting Brown in the general election.
Dill's sudden drop out caused waves in the political arena. Whaley sent out a press release saying he has been attacked by the Birmingham operatives of the Alabama GOP with falsehoods by mail, automated calls, and radio stating he is in the pocket of Montgomery special interests.
"Those 'special interests' are fellow teachers who pay three dollars a month to help someone who will stand up for them," said Whaley. "The only special interests I have are my students."
Whaley went on to say that the heads of the Republican party knew that this shake up was coming and took advantage of it.
"Those Birmingham boys knew that there wasn't going to be a runoff and they hid that fact from our local officials for a while. I guess they felt they could take a free shot at me, and they didn't mind they did it at the expense of Calhoun County taxpayers. It is typical of folks who do not care about us, and certainly typical of the Birmingham types who do not think the rules apply to them."
Whaley pointed out that State law (Section 17-13-19 in the Code of Alabama) says 'the runoff candidate, as soon as possible and not more than three days after holding of the first primary election, shall certify his or her declination to enter such second primary election.' Whaley says that the deadline was Friday, and in the interim state GOP operatives have been stepping up untrue attacks on him.
"I'm an old ball coach, and I've seen some trick plays in my time. Now I know how they operate I'll be ready," said Whaley. "The GOP should have to pay restitution to the county. A yellow flag will not be enough."
Dill said that he did meet with the Republican Party within three days letting them know of his intentions. Dill said he also told Calhoun County Probate Judge, Alice K. Martin, of his plans.
Ed Packer, Supervisor of Voter Registration at the Secretary of State office, said that Section 17-13-19 goes on to state that the candidate dropping out '…shall certify his or her declination to enter such second primary election to the chair of the state executive committee of his or her party…'
After informing his or her party, the Code the states: 'Upon the receipt of such notification, the chair of such committee shall declare the other candidate the nominee of the party for such office and certify his or her name as such nominee to the Secretary of State or the judge of probate, as the case may require…'
"There were questions about the timing of Dill's announcement," said Packard. "So we asked the Republican Party if they could provide any kind of internal documentation."
Packer said that his office was given a copy of an e-mail sent from Mike Hubbard, Chairman of the Alabama Republican Party, to the Calhoun County Probate's Office saying that they had been informed of Dill's decision in the necessary time frame.
"Documentation was provided by the Republican Party, and [Dill] did make it."
"I welcome Mr. Brown to the general election," Whaley said during a phone interview. "I look forward to running a clean campaign and I welcome Brown to do the same."
A rally to support Whaley will be Jan. 23 at noon at the Square in Jacksonville
Hagan said she was glad there would no longer be a runoff.
"The 40th District hasn't had anybody to go to the latest Legislative session," she said.
The Legislature convened in Montgomery on Tuesday, and likely will wrap up its session in April.
Alabama Republican Party Chairman Mike Hubbard, who attended the press conference, said Republicans should support Brown since he is the only conservative left in the race.
"We have the opportunity to send a small businessman, who has done a budget and helped create jobs," Hubbard said.
The candidates are running to fill a vacancy in the House after when Rep. Lea Fite died in October. The winner will serve out the remainder of Fite's term, and face another round of elections this summer and fall.
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