Judge again rules against McGinley, for Republicans

The Mobile Register ^ | 6/9/05 | Brendan Kirby

[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."

[AuH2ORepublican]

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

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If Republicans can start to get 30% of the black vote, your wish will come true in Alabama and in the rest of the South.


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

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I'd rather have a primary run-off so as to ensure that RINOs and other unworthies don't sneak in with the support of a relatively small percentage of Republicans.

[skinkinthegrass]

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

LOL! HA! HA!...the GOP version of "Howie" Dean.

[skinkinthegrass]

Moore kind of threatens that...You don't do that by telling voters that they are not allowed to vote for the candidates they like...the 2010 Census.

Both #11/12 posts make/have valid points...An educated voting populace is the answer, therefore accurate and reasoned discourse is necessary...one of the greatest things about FR... :/

[skinkinthegrass]

Pretty face; weird website.

[skinkinthegrass]

Pretty face; weird website.

[Kuksool]

Any chance for either Senators Jeff Sessions or Richard Shelby to make a run for Governor? Both Riley and Moore are damaged goods. I used to respect Moore, but his smearing of now Federal Judge Bill Pryor erased all sympathy I had for Moore. Ironically, both Riley and Pryor agreed with Moore displaying the 10 Commandments, but were appalled by Moore's grandstanding and defiance of a federal judge's order.