[EL] Roy Moore's folly

[Edward Still]

Secretary Merrill continues to say (incorrectly) that Moore can pay for a
recount.
<https://www.usnews.com/news/best-states/alabama/articles/2017-12-28/roy-moore-files-lawsuit-to-block-alabama-senate-result>
As
Rick correctly points out, federal offices are not listed in the statute
allowing for recounts.

The problem (or was it by design?) for Moore is that his complaint was not
really not an election contest (it did not meet the statutory requirements
of Ala Code § 17-16-40 & -47), so he had little chance of success.

§ 17-16-44, cited by Judge Hardwick, says: "No jurisdiction exists in or
shall be exercised by any judge or court to entertain any proceeding for
ascertaining the legality, conduct, or results of any election, except so
far as authority to do so shall be specially and specifically enumerated
and set down by statute; and any injunction, process, or order from any
judge or court, whereby the results of any election are sought to be
inquired into, questioned, or affected, or whereby any certificate of
election is sought to be inquired into or questioned, save as may be
specially and specifically enumerated and set down by statute, shall be
null and void and shall not be enforced by any officer or obeyed by any
person. If any judge or other officer hereafter undertakes to fine or in
any wise deal with any person for disobeying any such prohibited
injunction, process, or order, such attempt shall be null and void, and an
appeal shall lie forthwith therefrom to the Supreme Court then sitting, or
next to sit, without bond, and such proceedings shall be suspended by force
of such appeal; and the notice to be given of such appeal shall be 14
days." It was passed during the "Redemption" (after the Reconstruction had
ended) to ensure that the few remaining Republican judges would not
interfere with the smooth, but corrupt, running of elections.

*Alabama Court Rules, Consistent With My Understanding (but Not the Alabama
SOS Understanding) That Court Lacks Jurisdiction to Hear Roy Moore Election
Challenge <http://electionlawblog.org/?p=96626>*

Posted on December 28, 2017 11:22 am <http://electionlawblog.org/?p=96626>
 by *Rick Hasen* <http://electionlawblog.org/?author=3>

The judge’s order
<https://twitter.com/alanblinder/status/946450186859175936> saying the
court has no jurisdiction relies on Alabama Code 17-16-44, which says that
courts don’t have jurisdiction to hear election challenges unless expressly
provided for by statute.  As I explained
<http://electionlawblog.org/?p=96376> on election night, candidates for
federal office may not contest election results in state court, but would
need to go to the U.S. House or Senate. Alabama has made a deliberate
policy choice not to have state courts get involved in these contest.

As I explained this morning, <http://electionlawblog.org/?p=96624> this
leaves Moore to the U.S. Senate
<https://www.senate.gov/artandhistory/history/common/contested_elections/intro.htm>
or
federal court, where his chances seem slim to none based on the earlier
complaint.

Alabama has now officially
<https://www.nytimes.com/2017/12/28/us/politics/roy-moore-block-election.html?smid=tw-share>certified
Doug Jones as the winner.

[image: are]
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96626&title=Alabama%20Court%20Rules%2C%20Consistent%20With%20My%20Understanding%20(but%20Not%20the%20Alabama%20SOS%20Understanding)%20That%20Court%20Lacks%20Jurisdiction%20to%20Hear%20Roy%20Moore%20Election%20>
Posted in chicanery <http://electionlawblog.org/?cat=12>​



Edward Still
Edward Still Law Firm LLC
429 Green Springs Hwy, STE 161-304
Birmingham AL 35209
205-320-2882 <(205)%20320-2882>
still at votelaw.com
www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
Twitter: @edwardstill
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