Alabama: federal court rules, Governor must seek preclearance in order to appoint a commissioner in Jefferson County (news story)
The Birmingham News reports: A three-judge panel ruled Tuesday that Gov. Bob Riley should have obtained federal approval before filling the Jefferson County Commission's District 1 seat, but the judges did not immediately remove his appointee, George Bowman, from office.
Meanwhile, a Jefferson County election official said the Feb. 5 election to fill the seat vacated by Larry Langford, scheduled since October, will proceed.
The three federal judges gave Riley until Feb. 5 - the date of Jefferson County's special election - to file a notice that he intends to appeal their decision or that he intends to seek Justice Department approval of his power to appoint a replacement.
If Riley notifies the court on or before Feb. 5, Riley will be given 90 days to get the Justice Department's approval. If Riley misses that deadline, the judges said, Bowman's appointment will be set aside. -- Judges rule Alabama Governor Bob Riley needed federal OK to appoint Jefferson County commissioner- al.com
Disclosure: Jim Blacksher and I represent the plaintiff in this case.