Supreme Court of Alabama

Ex Parte Alabama Secretary of State John Merrill and Director of Elections Ed Packard (in Re: Virginia Tuggle V…

May 18, 2018264 So. 3d 855

Summary

The court granted the defendants’ mandamus petition and directed dismissal of the action because the plaintiffs failed to allege a concrete, particularized injury sufficient to establish standing and thus failed to invoke the trial court’s subject-matter jurisdiction. The challenge to the preliminary injunction as applied to the already completed election was moot, but the challenge to relief concerning future elections remained justiciable. The court also concluded that the mandamus petition was an appropriate vehicle for reviewing the jurisdictional issue.