Alabama: election contest voided by state supreme court
The Gadsden Times reports: In an opinion released Friday, all nine justices of the Alabama Supreme Court ruled that the Cherokee County Circuit Court did not have jurisdiction to decide the election contest case that evolved from the Cedar Bluff municipal election of Aug. 26, 2008.
After the results were certified in Cedar Bluff's general election on Sept. 2, three candidates - two for council positions and one for mayor- filed a contest suit saying that absentee ballots were not handled properly and that those votes should not be counted. ...
Justice Michael Bolin, in writing the court's opinion, said an election contest cannot be brought until a candidate is "declared elected" after a run-off election. In addition, he emphasized that an election contest cannot be brought in any court unless allowed by state statute.
Bolin wrote, "It is well settled that the Legislature, by enacting Title 17-16-44, has restricted the jurisdiction of the circuit courts in regard to elections." -- Cedar Bluff election ruling overturned | GadsdenTimes.com | Gadsden Times | Gadsden, AL