Curry v. Baker, 86-7639
| Decision Date | 01 October 1986 |
| Docket Number | No. 86-7639,86-7639 |
| Citation | 802 F.2d 1302 |
| Parties | J. Frank CURRY and Daniel R. Farnell, Sr., on Behalf of themselves and all others similarly stated, Plaintiffs-Appellees, v. John BAKER, as Chairman of the Alabama State Democratic Executive Committee; and the Alabama State Democratic Executive Committee, Defendants-Appellants, William J. Baxley, Jerry Henderson, Dejerilynn Henderson, Charles Kennith Pike & Nellie Kent Pike, Defendant Intervenors-Appellants, Charles D. GRADDICK, Plaintiff-Appellee, v. John BAKER, as Chairman of the State Democratic Executive Committee, and the State Democratic Executive Committee, Defendants-Appellants, Jerry Henderson, Dejerilynn Henderson and William J. Baxley, Defendant Intervenors-Appellants. Eleventh Circuit |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Jack Drake, Drake, Knowles & Pierce, Ralph I. Knowles, Jr., Tuscaloosa, Ala., Neil Bradley, American Civ. Liberties Union Foundation Inc., Laughlin McDonald, Paula E. Bonds, Atlanta, Ga., Joe Espy, III, Montgomery, Ala., Edward Still, Birmingham, Ala., Herman Watson, Jr., Watson, Gammons & Fees, Michael L. Fees, Huntsville, Ala., David Cromwell Johnson, Birmingham, Ala., for defendants-appellants.
Walter J. Sears, III, Bradley, Arant, Rose & White, Hobart A. McWhorter, Birmingham, Ala., Champ Lyons, Jr., Coale, Helmsing, Lyons & Sims, Mobile, Ala., David B. Ellis, Tuscaloosa, Ala., Barry Sullivan, Joel T. Pelz, Chicago, Ill., for plaintiffs-appellees.
Appeal from the United States District Court for the Northern District of Alabama.
Before GODBOLD, VANCE and JOHNSON, Circuit Judges.
This court has before it for appellate review the latest trial court ruling concerning the 1986 gubernatorial primary of the Alabama Democratic Party. Subject to specific exceptions, federal courts should not be involved in settling state election The defendants appeal from a judgment of the United States District Court for the Northern District of Alabama in consolidated cases brought under 42 U.S.C. Sec. 1983. One case is brought by Attorney General Charles A. Graddick, a candidate for the Democratic nomination for governor. The other case is filed by two of Mr. Graddick's supporters, J. Frank Curry and Daniel R. Farnell, Sr. Section 1983 is the federal statute under which a citizen may bring suit in a federal court, alleging that persons acting under color of state law have deprived him or her of rights secured by the Constitution of the United States.
disputes. Sound reasons grounded in both law and public policy establish that far better forums for disputes involving elections to state offices are found in the party machinery and the court system of the affected state. We follow that policy here.
Plaintiffs alleged in their complaints that an election contest of the Democratic runoff primary, which contest resulted in the Democratic Party's nomination of Lt. Gov. William J. Baxley as its candidate for governor, deprived them of due process and equal protection of the laws as guaranteed by the Constitution of the United States. The district court held that the party subcommittee that heard the contest had violated due process, and on September 18, 1986 it ordered the Democratic Party to conduct a new runoff primary. This appeal followed.
On motion of appellants the district court's injunction was stayed and the case expedited. Briefs from all parties were received September 24, and oral argument was heard by the court in Montgomery, Alabama on September 25.
In the Democratic primary conducted June 3, 1986 no candidate for the Party's nomination to run for governor in the general election in November 1986 received a majority. It was thus necessary that the Democratic Party conduct a runoff primary. In the Democratic primary runoff, held June 24, massive illegal "crossover voting" occurred. In the context of this case "crossover voting" means that persons who had voted in the Republican primary (also conducted on June 3), where they either voted for, or had the opportunity to vote for, a Republican nominee to run for governor in the November election, "crossed over" and voted in the Democratic runoff primary on June 24 and thereby participated in the Democratic Party's choice of its nominee for governor to run in the general election in November. In short, "crossover voters" participated in the choices by two political parties of their respective party nominees for governor to run against each other in the same general election.
A tabulation of all legal and illegal votes in the Democratic runoff resulted in totals of 470,051 for Mr. Graddick and 461,295 for Mr. Baxley, a difference of 8,756 votes. In a contest filed before the State Democratic Executive Committee Mr. Baxley contended that Mr. Graddick was guilty of election fraud and that Mr. Baxley received a majority of the legal votes cast. The Democratic Party found that Mr. Graddick had committed flagrant violations of federal and state law and certified Mr. Baxley as its nominee for the general election.
Unless this appeal is decided on issues arising before the merits are reached, the central issue before this court concerns the methods and the evidence used by the contest subcommittee in determining that Mr. Baxley received a majority of the legal votes cast and, as a result, in certifying him as the nominee of the Democratic Party.
Pursuant to statutory authority, Ala.Code Sec. 17-16-14 (1975), on April 21, 1979 the State Democratic Executive Committee adopted the following rule, which now appears Any person who (1) votes in any primary election of another political party, (2) participates in the nominating process of another party's candidate(s), or (3) promotes the candidacy of an independent candidate, shall not be entitled to vote in Primary Elections of the Democratic Party held in the calendar year in which such person does any of said prohibited act(s). Without limiting the foregoing, any person who votes in the first primary election of another political party shall not be entitled to vote in the Democratic Party's run-off Primary Election which follows such first primary election. (emphasis added)
as Article VII, Sec. 1(e) of the Party's rules:
This provision has the force and effect of law. Ala.Code Sec. 17-16-14. The rule was submitted to the Attorney General of the United States and in 1980 was precleared by him under Section 5 of the Voting Rights Act, 42 U.S.C. Sec. 1973c. As discussed below, plaintiffs do not contend in this court that this rule of the Democratic Party is invalid. 1 Rather they object to the manner in which the contest subcommittee decided the contest.
During the runoff campaign (the period between the June 3 Democratic primary and the June 24 Democratic runoff), Mr. Graddick openly solicited crossover voters. His opponent, Mr. Baxley, publicly contended that those who had voted in the June 3 Republican primary should not and could not vote in the Democratic runoff primary. On the day before the election a Mobile attorney representing Mr. Graddick went before a state judge in Mobile seeking a temporary injunction against interference by election officials with crossover voting. He obtained an order setting the matter for hearing. Included in the order, drafted by the attorney, was an "admonition" to election officials that if they impeded the exercise of the right to vote based upon the Rules of the Alabama Democratic Party they could not escape personal liability if the court later found the Rules invalid. The order was widely publicized.
On election eve Mr. Graddick caused a letter to be issued on the state Attorney General's letterhead, signed by the Chief of the Voter Fraud Division of his office, warning all election officials against attempts to enforce the rule against crossover voting and threatening that any such attempt could subject such officials to liability. The letter was hand delivered throughout the state by Mr. Graddick's campaign workers.
Four Republican state senators, the highest elected Republican state officials in Alabama, joined in the effort to encourage crossover voting through television advertisements calculated to assure persons who had voted in the June 3 primary that they could properly cross over and legally vote for Mr. Graddick. The Republican chairman of Madison County sent out 5,000 letters to persons in the Huntsville area soliciting votes for Mr. Graddick and made a publicized statement that it was "the responsibility of every citizen to vote in [the Democratic] runoff."
Approximately 14,168 2 persons who had voted in the June 3 Republican primary
crossed over and voted in the June 24 Democratic runoff.
Alabama statutes commit to the state executive committees of the political parties the responsibility and authority to conduct primary election contests. Ala.Code Secs. 17-16-70 through 17-16-89. In discharging that responsibility the party committee exercises powers "such as those conferred on a court of special and limited jurisdiction." Boyd v. Garrison, 246 Ala. 122, 19 So.2d 385, 388 (1944). The statute provides for the issuance, through the clerk of the circuit court, of subpoenas and orders for production of documents and commissions for taking of depositions, as required by either party to the contest or by the party chairman. Sec. 17-16-84.
The state party chairman is empowered to appoint a subcommittee to hear and decide any contest. Sec. 17-16-82(c). That was done in this case.
Under Ala.Code Sec. 17-16-72 the contestant's burden is to reasonably satisfy the contest committee that the apparent winner of the primary did not receive the required number of legal votes. The committee is then specifically empowered to declare the legal nominee. A new primary may...
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