Davis v. Reynolds
| Decision Date | 20 December 1991 |
| Citation | 592 So.2d 546 |
| Parties | Reuben DAVIS v. George R. REYNOLDS, et al. 1900899. |
| Court | Alabama Supreme Court |
Richard F. Allen and Ellen M. Hastings of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for appellant.
James C. Barton and Robert S. Vance, Jr. of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellees George R. Reynolds, Probate Judge, Polly Conradi, Clerk of Circuit Court, and Sheriff Melvin Bailey, as members of the Jefferson County Bd. of Supervisors/Election Comm'n.
Michael L. Edwards, Marshall Timberlake and Victoria J. Franklin of Balch & Bingham, Birmingham, for appellee Jeff Germany.
The question presented here is whether the Jefferson County Election Commission should have revoked a certificate of election it had issued to the winner of an election for a local office because the winning candidate had violated certain provisions of the Fair Campaign Practices Act of 1988 1 by failing to timely file a statement designating his principal campaign committee after he became a candidate for election.
This Court first examined the basic facts of this dispute in Dunning v. Reynolds, 570 So.2d 668 (Ala.1990), and affirmed the trial court's dismissal of the complaint in that case. In that case, Etta E. Dunning, Jeff Germany's opposition in the Democratic Party's primary run-off election for Jefferson County Commission District One Commissioner ("commissioner"), sought a declaratory judgment and a writ of mandamus to have Germany's certificate of nomination revoked and his name removed from the general election ballot for his failure to timely disclose his campaign contributions as required by law. A summary of Germany's actions follows:
January 31, 1990
Germany files summary of contributions and expenditures, showing that between October 10, 1989, and January 31, 1990, he received over $10,000 in contributions and made expenditures of over $7,000.
Germany files declaration of candidacy for the Democratic nomination in the primary election scheduled for June 5, 1990, declaring himself to be his principal campaign committee.
Germany files a subsequent summary of contributions and expenditures, beginning with a balance of approximately $5,000 and showing contributions beginning March 15, 1990, and expenditures beginning April 1, 1990.
Democratic primary election
June 26, 1990
Democratic run-off election between Dunning and Germany
Election for commissioner between Germany (Democrat) and Michael Jeter (New Alliance).
Election commission certifies Germany as the elected district one commissioner.
This Court affirmed the trial court's dismissal of Dunning's complaint in the Dunning case, on the ground that "[t]he record fails to show affirmatively that petitioner exhausted her remedies before the State Democratic Executive Committee prior to filing the instant action." Id. at 669.
In the present case, Reuben Davis, the incumbent Democratic commissioner, who was also a candidate in the June 5, 1990, primary election, sued the members of the Jefferson County Election Commission ("the Commission"); 2 George Reynolds, as the probate judge of Jefferson County; Melvin Bailey, as the sheriff of Jefferson County; and Polly Conradi, as the clerk of the Circuit Court for Jefferson County, alleging that Jeff Germany was not a legally qualified candidate for the Democratic nomination for district one commissioner, because, Davis alleges, Germany had failed to timely file a statement naming his principal campaign committee; such a statement is required by Ala. Code 1975, § 17-22A-4, which reads in pertinent part as follows:
"Within five days after any person becomes a candidate for office, such person shall file with the secretary of state or judge of probate ... a statement showing the names of not less than two nor more than five persons elected to serve as the principal campaign committee ... but any candidate may declare himself as the person chosen to serve as the principal campaign committee...."
An election contest was filed with the Jefferson County Democratic Executive Committee relating to the primary election, and in July 1990 the Committee rendered an election contest opinion, finding that Germany had failed to name his principal campaign committee within five days after becoming a candidate for the Democratic nomination for the office of commissioner; nevertheless, the Committee certified Germany as the Democratic nominee upon his payment of a fine of $4,000. No appeal was taken to the State Democratic Executive Committee from that action by the Jefferson County Democratic Executive Committee, and no further judicial review was sought.
Germany was the successful candidate in the November general election, and on November 9, 1990, the Commission certified Germany as the elected district one commissioner. On December 21, 1990, Davis made a demand on the Commission to revoke the certificate of election issued to Germany. The Commission refused. Subsequently, Germany filed a declaratory judgment action in the Jefferson County Circuit Court, seeking to confirm his certification by the Commission, asserting that his rights and the rights of the citizens would be affected and injured by an interpretation of the Fair Campaign Practices Act that would revoke his certificate of election. Davis filed a petition for the writ of mandamus along with his answer to Germany's complaint, asserting the same ground that Dunning had asserted in Dunning. Davis also asked for a declaratory judgment.
The trial court held that Davis's action was time barred by the 20-day statute of limitations set out in § 17-15-22. The court wrote:
We agree. Davis challenges Germany's election and argues that he is ineligible to hold the office. He became ineligible to hold the office, and thus was not eligible to hold the office he sought, this argument goes, on the sixth day after he became a "candidate," as defined by Alabama Code 1975, § 17-22A-2, because, the argument continues, he did not file a statement showing his principal campaign committee within five days as he was required to do by § 17-22A-4. A challenge to an election on grounds of ineligibility is an election contest under § 17-15-1, which provides:
This being the case, this action is controlled by § 17-15-22, which provides:
"All contests of elections provided for in this article must be commenced within 20 days after the result of the election is declared...."
Davis's challenge to the election of Jeff Germany to the office of member, County Commission, District 1, is barred by the applicable statute of limitations, and the trial court's order is affirmed on that ground.
In addition, the trial court also found that Davis's claim was barred by the doctrine of res judicata. Its judgment is affirmed on that ground as well.
Finally, the trial court found, correctly, that the Jefferson County Election Commission has no authority to revoke Germany's certificate of election.
We adopt the judgment of the trial court on each of these issues as follows:
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