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."
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.
I just LOVE her name...
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.
Should the party have the right to reject certain people as candidates? It seems so...
I don't care for Rick Perry. Tax & spender.
Allegedly, skeltons in closet that may "come out" of closet.
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/
She seems nuts.
I sure think they should be able to select (and therefore reject) anyone they want, for any reason.
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.
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.
"Because we're trying to remove the Democratic Party from existence."
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.
Would that this reasoning applied to divorce.
"If Roy Moore becomes nominee, he loses the Governor's race."
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.
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)
"The primary voters vote for candidates who have already been nominated,by the party."
Kelly McGinley
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.
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