Supreme Court of Alabama

John W. Rice and Tom Parker v. Beth Chapman, as Secretary of State for the State of Alabama

May 28, 20102010 Ala. LEXIS 94

Summary

The Supreme Court of Alabama held that the Montgomery Circuit Court lacked subject‑matter jurisdiction to entertain the petitioners’ pre‑election challenge to a candidate’s qualification because the jurisdiction‑stripping statute, Ala. Code 1975 § 17‑16‑44, provides no specific authority for such relief. Accordingly, the trial court’s order was vacated and the appeal dismissed.