Supreme Court of Alabama

Ex Parte Carol Scrushy and the Town of Hayneville (in Re Darshini Bandy v. Carol Scrushy)

March 9, 2018262 So. 3d 638

Summary

The Supreme Court of Alabama denied the Town and Scrushy's mandamus petition, holding that the circuit court had jurisdiction to enforce its prior election-related orders and to void a special election that was not ordered in compliance with state election law. The court treated the electors' filing as a motion to enforce existing orders rather than as an election contest, because no candidate had been declared the winner. Justice Shaw, dissenting, would have granted the writ on the ground that the circuit court exceeded its residual jurisdiction by adjudicating new matters after its final judgment.