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Expulsion from Primary for Disloyalty to Party

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 10, 2015
Available Online Only

McGinley v. Alabama Republican Party (W. Harold Albritton, 2:04-cv-434) and Jones v. Alabama Republican Party (Mark E. Fuller, No. 2:04-cv-500) (M.D. Ala.), Smith v. Alabama Republican Party (1:04- cv-360) and McGinley v. Alabama Republican Party (1:04-cv-579) (Callie V.S. Granade, S.D. Ala.), and McGinley v. Alabama Republican Party (U.W. Clemon, N.D. Ala. 2:04-cv-2203)
A federal complaint sought restoration to a primary ballot for state board of education. The plaintiff alleged that she was stricken from the ballot because of a false rumor that she had left the party. The state’s supreme court had stayed a state court order restoring her to the ballot pending appeal. After the state court determined that the party was entitled to strike the candidate from its ballot, the federal judge dismissed the action as barred by the Rooker-Feldman doctrine that among federal courts only the Supreme Court has appellate jurisdiction over state court proceedings. Post-election actions to nullify the results filed in the state’s other two districts were unsuccessful.
Topics: Getting on the ballot; matters for state courts; primary election; party procedures.

One of many Case Studies in Emergency Election Litigation.