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Judge again rules against McGinley, for Republicans
The Mobile Register ^ | 6/9/05 | Brendan Kirby

Posted on 06/09/2005 12:31:28 PM PDT by AzaleaCity5691

Judge again rules against McGinley, for Republicans Lawyer for disqualified candidate says tactic may be used against Roy Moore Thursday, June 09, 2005 By BRENDAN KIRBY Staff Reporter A federal judge in Mobile this week re-affirmed the Alabama Republican Party's right to kick a radio talk show host off its primary ballot last year, a ruling the plaintiffs' attorney warned could set up an attack against Roy Moore.

Kelly McGinley, whom the GOP barred from running for the state school board, sued the party, the secretary of state's office and elections officials in Mobile and Baldwin counties. Three Mobile County residents filed a separate lawsuit, alleging their voting rights had been violated.

The suits were consolidated into one case, and Chief U.S. District Judge Ginny Granade dis missed the complaint in October. She denied requests to reconsider that decision in March and again Monday.

Johnny Davis, an Ozark lawyer who represented the plaintiffs, said his clients have not decided whether to appeal the judgment. He said he worries that some leaders in the Republican Party will use the ruling as a legal basis to block Moore, the ousted state Su preme Court chief justice who has contemplated a challenge to Republican Gov. Bob Riley.

"We are very concerned about the precedent that was set," said Johnny Davis, who represented the plaintiffs.

Party Chairwoman Twinkle Andress Cavanaugh scoffed at that and accused outside interests of fanning suggestions that the party wants to get rid of Moore.

"That is an absolutely ridiculous statement," she said. "The Republican Party is in no way looking to kick off anyone who is a Republican."

The controversy began in April 2004 when the party's candidates committee disqualified McGinley from the ballot because she earlier had resigned from the Mobile County Republican Party Executive Committee and because she had advocated support of the Constitution Party on her Web site and her Brewton-based radio talk show.

Incumbent Randy McKinney of Orange Beach then took the nomination unopposed and went on to win a full term on the state Board of Education.

McGinley challenged her removal on grounds that the party violated its own rules by kicking her off the ballot without any fixed rule or practice.

Grenade dismissed that lawsuit in October, ruling that the state Supreme Court already had decided the issue. She also stated in her order that she would not second-guess the party's determination that McGinley violated a rule that candidates be "in accord with, and endorse, the principles and policies of the Republican Party."

The judge in March declined a request to reconsider that decision and also denied a second request to reconsider, this time based on the complaint made by Dorothy Smith, Richard Vining and Betty Vining, who contended that the party's decision to remove McGinley from the ballot effectively disenfranchised them.

"Voters have their own standing," Davis said. "They've got their own rights to come forward."

Assistant Attorney General John Park, who represented the defendants, said he would be ready if the plaintiffs decide to take their case to a higher court.

"The ball's in their court," he sad. "If they appeal, we'll contend that Judge Granade ruled correctly. Generally, if you've won at the lower level, you stand a pretty good chance at the higher levels."


TOPICS: Culture/Society; Front Page News; Government; Politics/Elections; US: Alabama
KEYWORDS: constitutionparty; election2006; peroutka; roymoore; ruling
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A few things to note.

Judge Granade is an appointee of President Bush, and she had previously worked in the U.S Attorneys office alongside future (at the time) Senator Sessions.

1 posted on 06/09/2005 12:31:29 PM PDT by AzaleaCity5691
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To: AzaleaCity5691
Party Chairwoman Twinkle....

I just LOVE her name...

2 posted on 06/09/2005 12:35:49 PM PDT by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: AzaleaCity5691

Well, I don't know enough about the actions of the person kicked off to make a judgment as to the party's behavior, but the Court was right not to get involved as parties themselves are not a part of the government and can handle their own affairs.


3 posted on 06/09/2005 12:35:54 PM PDT by Republican Wildcat
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To: AzaleaCity5691
...because she had advocated support of the Constitution Party on her Web site...

Should the party have the right to reject certain people as candidates? It seems so...

4 posted on 06/09/2005 12:37:20 PM PDT by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: AzaleaCity5691
Governor Ted McGinley? (Thanks to K. J. Lopez at National Review for pointing out that Ted McGinley is being used as a replacement for Gov. Rick Perry this season. TV fans will note, however, that every time Ted McGinley replaces a character on a TV show, that TV show inevitably "jumps the shark." Think Married With Children, the Love Boat, Happy Days, Dynasty, and the pre-shark-jumped Hope & Faith.)


5 posted on 06/09/2005 12:43:34 PM PDT by dangus
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To: dangus

I don't care for Rick Perry. Tax & spender.

Allegedly, skeltons in closet that may "come out" of closet.


6 posted on 06/09/2005 12:50:09 PM PDT by MeanWestTexan
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To: Onelifetogive

To clarify, I fully support the decision.

McGinley runs a website that can only be mildly described as, running off the Deep End.

http://www.retakingamerica.com/


7 posted on 06/09/2005 12:51:14 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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To: AzaleaCity5691

She seems nuts.


8 posted on 06/09/2005 12:58:09 PM PDT by Sonny M ("oderint dum metuant")
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To: Onelifetogive
Should the party have the right to reject certain people as candidates? It seems so...

I sure think they should be able to select (and therefore reject) anyone they want, for any reason.

9 posted on 06/09/2005 1:54:32 PM PDT by highball
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To: AzaleaCity5691

This decision is absurd. Who is "the party" if not the group of citizens who have associated themselves for the common enterprise of advocating a certain platform? And since Republican voters are indeed "the party," why can't they decide for themselves whether a particular candidate should be the party's nominee? I trust the voters a lot more than a few party bigwigs when it comes to determining who is or isn't a Republican.

I think Alabamians should be worried that the state GOP will try to limit their choices in future statewide or congressional races by deciding that so-and-so is not a Republican because he or she didn't kiss the party chairman's ass or didn't support Candidate X's campaign. But if the AL GOP tries to keep Judge Roy Moore off the GOP gubernatorial ballot, all it would do is cause hundreds of thousands of Alabamians to leave the GOP and support an independent candidacy by Moore, which would probably result in the Democrat winning. The correct course of action is clear: Let the Republican primary voters decide.


10 posted on 06/09/2005 2:56:45 PM PDT by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: AuH2ORepublican

Because we're trying to remove the Democratic Party from existence. If we continue the progress we've been making for the last 10 years, then it is reasonabily feasible that Alabama could be back under the one party system by 2020. Moore kind of threatens that.


11 posted on 06/09/2005 3:23:09 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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To: AzaleaCity5691

"Because we're trying to remove the Democratic Party from existence."



You don't do that by telling voters that they are not allowed to vote for the candidates they like. The GOP was able to rise in Alabama because it allowed candidates to be as conservative as they wished, while the Democrats were forced to kowtow to liberal interest groups for fundraising and DNC support. If the party bigwigs start telling people that they are not allowed to vote for X or Y candidate, all those gains will be for naught.

Just let the GOP primary voters nominate their favorite candidate. You already have the advantage of having a run-off when no one gets 50%+1 in the primary, so you won't have to worry about a fringe candidate in a multi-candidate field winning the nomination with 30%. The voters will select the candidate with whom they most agree on the issues, which is really all you can hope for.

BTW, GOP dominance in AL has not yet reached the state legislative level, so instead of kicking candidates off the ballot maybe the GOP should work at electing Republicans in conservative districts so that the party can control the legislature and be able to draw fair districts after the 2010 Census.


12 posted on 06/09/2005 3:35:48 PM PDT by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: AuH2ORepublican

If Roy Moore becomes nominee, he loses the Governor's race.

And he loses because there is not a big 4 county that will vote to put him in the Governors office in a general election.


13 posted on 06/09/2005 3:47:12 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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To: Republican Wildcat
...but the Court was right not to get involved as parties themselves are not a part of the government and can handle their own affairs.

Would that this reasoning applied to divorce.

14 posted on 06/09/2005 3:58:21 PM PDT by kennyo
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To: AzaleaCity5691

"If Roy Moore becomes nominee, he loses the Governor's race."



If you believe that, then campaign against him and in favor of Gov. Riley or Steve Windom or whomever else runs. Or maybe try to convince him not to run for governor. But don't try to kick him off the ballot because he doesn't fit your image (or, more precisely, the party chairman's image) of what a Republican should be.


"And he loses because there is not a big 4 county that will vote to put him in the Governors office in a general election."


Judge Moore will run stronger than any Republican in traditionally Democratic North Alabama and other rural parts of Alabama than probably any other Republican. And after Riley raised taxes, I don't think he could count on getting big margins in suburban B-ham, Montgomery or Mobile if he were to be renominated. So even if Moore underperforms in urban areas, I think he stands a much better chance of winning the general than does Riley.


15 posted on 06/09/2005 4:04:46 PM PDT by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: AuH2ORepublican
Who is "the party" if not the group of citizens

The officers duly elected or appointed.Allowing the "people" to run the party would result in chaos,"the confusion of a multitude".

You don't do that by telling voters that they are not allowed to vote for the candidates they like.

They're not telling ANYONE that they can't vote for whomever they please.It's just that the party gets to pick it's standard bearer.Let McGinley run on another ticket.

We have the same problem in California,where the GOP threw it's weight behind Schwarzenegger,figuring he stood a better chance than McClintock.So now my money goes to individual candidates,I will not send money to a party.

Just let the GOP primary voters nominate their favorite candidate

The primary voters vote for candidates who have already been nominated,by the party.

16 posted on 06/09/2005 4:14:42 PM PDT by kennyo
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To: AuH2ORepublican

First of all

I am supporting Riley

Second, Riley would get a big margin in Mobile County because well, Charlie Graddick still lives here, and Lucy Baxley is Bill's ex-wife.

And Roy Moore has another problem. When you have the entire state establishment against you, if there is even the slightest skeleton in your closet, they're bringing it out.

If Moore is nominee, the Democrats will win the governors race, it's that simple, because Baxley will be getting almost every female vote in the state, not to mention the same business community backing that elected Siegelman.

Roy is just another Fob James waiting to happen, and for that reason, I'm hoping that someone without tarnish will throw their hat into the ring as an alternative business candidate (and I don't mean Tim James)


17 posted on 06/09/2005 4:18:25 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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To: kennyo

"The primary voters vote for candidates who have already been nominated,by the party."



You have a profound misunderstanding of how the nomination process works in America. Individuals run in the primary of a particular party, and the voters who belong to such party select the nominee. The party chairman was NOT appointed in order to determine who the party's nominees will be, and having the chairman (or the committee or what have you) decide who may run in a primary can lead to all kinds of abuse.

BTW, the GOP chairman did not pick Arnold as the party's standardbearer to the exclusion of others. The CA recall election allowed anyone who could get 100 signatures or something to run regardless of party, and Arnold, McClintock and several other Republicans were all running (like you, I supported McClintock, and I think I'm going to send him some more money now that he's running for Lt. Gov.). In 2006, however, California will have a normal gubernatorial election, and each party will hold a primary to determine its one standardbearer. If a Republican chooses to challenge Arnold in the primary, he or she is free to do so, and the state's Republican voters will decide who gets the nomination. However, imagine if Condi Rice challenged Arnold for the gubernatorial nomination (I can dream, can't I?) and Parsky and the rest of the RINOs who run the CA GOP decided that she could not run in the primary because "she's not a real Republican" or "nobody should challenge Arnold" or some other cockamamie excuse. How would you feel about that? By what right could Parsky et al disrespect the millions of California Republicans?

If a political party selects its nominees in a primary, then the party should not prohibit certain candidates form running, period. The primary voters will decide for themselves whether that candidate is or is not loyal to the principles of the party.


18 posted on 06/09/2005 4:40:01 PM PDT by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: AzaleaCity5691

Kelly McGinley

19 posted on 06/09/2005 4:45:22 PM PDT by BlueNgold (Feed the Tree .....)
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To: AuH2ORepublican

Actually, my hope is, by 2020, the words Republican Primary and Election will become indistinguishable

It's ridiculous that we have to have three sets of elections instead of two like the olden days.


20 posted on 06/09/2005 5:01:10 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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