The head of the Alabama Legislature’s bill-drafting office formally confirmed that the central charge in a wave of dark money attack ads targeting Republican lawmakers, that they voted to give “free college” to illegal immigrants, is false.

In an email to State Rep. Phillip Pettus (R-Killen) reviewed by Yellowhammer News, Alabama Legislative Services Agency Director Othni Lathram delivered his assessment of HB210 from the 2024 regular session: The bill addressed enrollment eligibility only and provided zero taxpayer dollars.

“As introduced the effect of HB210 would have been to create a limited exception to the prohibition on certain persons from enrolling in Alabama public postsecondary institutions,” Lathram wrote.

“Under current law any alien not lawfully present in the U.S. cannot enroll. This bill would have allowed aliens who attended three or more years in an Alabama high school and graduated or earned a GED to enroll. It would also have allowed aliens who have applied for lawful status to enroll.”

Lathram continued: “This bill would not have provided for any funding for these students. The official fiscal note on the bill states: ‘House Bill 210 as passed the House of Representatives would not directly affect state or local funding.’”

The Legislative Services Agency is the nonpartisan professional staff that drafts, reviews, and analyzes legislation for members of the Alabama Legislature. They do not, and cannot, endorse or oppose legislation.

Such a ruling cuts at the most deeply unpopular claim being made against a group of five sitting lawmakers by Alabama Values PAC, a recently formed group operating from a UPS Store mailbox in Montgomery, seemingly targeted to unseat the select group of incumbents.

The PAC’s website characterizes the votes as “support for benefits for illegal aliens over Alabama citizens.”

The bill itself, which passed the House in 2024 with the support of 63 of 75 Republicans, contains language directly contradicting the mailer’s claim: “An alien who is not lawfully in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.”

Pettus is among five Republican incumbents targeted by Alabama Values PAC mailers, websites, and text messages ahead of the May 19 Republican primary.

Along with Pettus, other lawmakers targeted include State Reps. Matt Simpson (R-Daphne), Frances Holk-Jones (R-Foley), and State Sens. Greg Albritton (R-Range) and Andrew Jones (R-Centre).

The May 19 Republican primary is six days away.

Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].