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Alabama: judge declines to rule on Steve Small's eligibility

The Birmingham News reports: A circuit judge on Friday upheld the Democratic Party's decision to bar Steve Small from the primary ballot as a candidate for Jefferson County Commission District 2. Small said he will ask the court on Monday to take a second look at his case.

"We'll file a motion to reconsider Monday asking the judge to specifically address how it is both the Democratic Party and Steve Small can have constitutional rights involved and yet the court not take jurisdiction," said Walter Braswell, Small's attorney.

The state Democratic Party had ruled that Small violated party rules by running against Shelia Smoot as a write-in candidate in 2002. Smoot defeated Small during in the 2002 Democratic primary. ...

Circuit Judge William Noble upheld the party's decision, saying the court did not have jurisdiction in the matter. Alabama law allows political parties to set their own qualifying rules and procedures as long as they meet constitutional and statutory laws. -- Judge upholds keeping Small off ballot

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