City attorney: Proceed with wet-dry election
Hartselle City Attorney Larry Madison has advised City Clerk/Controller Rita Lee to proceed with the wet-dry referendum for Nov. 4 after questions arose about the wording of the petition calling for the vote.
Opponents of alcohol sales suggested that the petition is invalid because the petition used the wording “municipal election” instead of “municipal option election.”
Here is Madison’s comments:
“I have reviewed the law on the question raised at today’s meeting regarding the omission of the word “option” from the wet/dry vote petition and confirmed what I thought I would find. There are a great number of Alabama appellate cases which would be authoritative and controlling precedent on the question. Without going into detail, Alabama courts in issues such as this follow the “substantial compliance” doctrine and have for a very long time. Comparing this situation to others tested in court, it is my opinion that the likely outcome would be a determination that the language would pass that test and would not void the petition. The omission of this word would do nothing to confuse the council or the public as to the intent of the petition and would most likely not be considered a fatal variance in my opinion, based on my research and experience with other such cases. I think what I am saying comports with what you were told by League counsel, as well, so it would be my advice to proceed with the election.”