http://www.montgomeryadvertiser.com/article/20101030/NEWS02/10300339/1009/rss04
Jefferson County Circuit Court Judge Nicole Still tossed out the lawsuit Friday night because she said the court lacks jurisdiction to decide the matter.
An attorney for former Birmingham City Council member Jimmy Blake told the judge that Bentley shouldn't be on the ballot because he twice failed to disclose contributions from the Alabama Education Association, once before the primary election and again in a report due 45 days before the general election. They argued that under state campaign laws, a candidate's name can be taken off the ballot for failing to comply with disclosure requirements.
"We have a unique case here. The question before this court is whether the Alabama Fair Campaign Practices Act has any force," said Bill Mathis, representing Blake.
But lawyers for Bentley, Gov. Bob Riley, Secretary of State Beth Chapman and Attorney General Troy King all argued that Still lacks the authority to interfere in the election. Any challenge must be filed after the vote in the form of an election contest, they said.
Besides, absentee balloting is going on already and the state has spent at least $4 million preparing for the election, said Al Agricola, representing Bentley.
Stay tuned... It gets more interesting from here, I'm sure.
Because we STILL don't know what the AG will do on Monday!
Let's say for the sake of argument that Bentley still wins the election...is there anything that can really stop the guy from taking the office...especially if the AG won't take any actions?
ReplyDeleteIt'll be a comedy of sorts to watch Bentley take office, and everyone knows he violated the rules...and no judge will accept a challenge. I'd think a Bama Tea Movement would likely take place over the next couple of years and brew into a bigger mess.
Well, Bentley is making a claim similar to the one he made about James' primary challenge. Then, he argued no challenge could be made until the winner of the runoff was announced, and the AG backed him up. Now he's claiming that he can't be removed from the ballot, that the remedy is legal action to remove him from office AFTER the election.
ReplyDeleteIt will be interesting, to be sure. And if the Alabama Tea Party folks see a politician getting away scott free from breaking the law, it oculd get VERY entertaining.
One thing that HAS to happen is that people remain engaged after the elections. If we all go back to sleep, then it will be business as usual.