Kirksey v. Democratic Party of Alabama

• Decision Date: 19 September 1986
• Citation: 495 So.2d 638
• Parties: 35 Ed. Law Rep. 859 Wiley KIRKSEY v. DEMOCRATIC PARTY OF ALABAMA, et al. 85-998.
• Court: Alabama Supreme Court

Page 638

495 So.2d 638

35 Ed. Law Rep. 859

Wiley KIRKSEY v. DEMOCRATIC PARTY OF ALABAMA, et al.

85-998.

Supreme Court of Alabama.

Sept. 19, 1986.

Henry L. Thompson, Birmingham, for appellant.

Max C. Pope, Birmingham, for appellees.

HOUSTON, Justice.

This is an expedited appeal.

Wiley Kirksey announced his candidacy for election as the Democratic nominee for the State Board of Education, District Five. District Five consists of 19 of Alabama's 67 counties. Kirksey did not file the information concerning his appointment of a finance committee with the Secretary of State within the five days after his announcement. ¹ An elector in District Five officially challenged Kirksey's candidacy on the basis that § 17-22-5, Code 1975, required Kirksey to file a statement naming the members of a finance committee with the Secretary of State within five days of his announcement. This challenge was heard before a subcommittee of the State Democratic Executive Committee (SDEC), which sustained the challenge and disqualified Kirksey as a candidate for this office.

Kirksey filed a motion for a temporary restraining order in the Circuit Court of Jefferson County, asserting that he was not required by law to file with the Secretary of State and that the ruling of the subcommittee of the SDEC was contrary to the prevailing law. The circuit court upheld the action of the SDEC. ² Kirksey appealed and alternatively filed a petition for a writ of mandamus. We affirm and deny the writ.

Section 17-22-5, Code 1975, is made applicable to primary elections by § 17-16-4, Code 1975 ("all primary elections held by a political party in this state for the nomination of any state, national, district, circuit, county or municipal offices shall be held and conducted under the provisions of this chapter [Chapter 16, "PRIMARY ELECTIONS"] and, except as herein modified, shall be held and conducted in the same manner and form, under the same requirements and subject to the same forfeitures, penalties and punishments as are now or shall hereafter be provided by law for the holding of regular state elections....")

Section 17-22-5, Code 1975, provides, in pertinent part:

"Within five days after the announcement of his candidacy for any office, each candidate for a State office shall file with the secretary of state, and each candidate for a county office or the state house of representatives shall file with the judge of probate of the county, and each candidate for a circuit or district office, including the state senate, shall file with the judge of probate of each county which is embodied in said circuit or district, a statement showing the name of not less than one nor more than five persons elected to receive, expend, audit and disburse all moneys contributed, donated, subscribed or in any way furnished or raised for the purpose of aiding or promoting the nomination or election of such candidate, together with a written acceptance or consent of such persons to act as such committee...." (Emphasis added.)

In Knight v. Gray, 420 So.2d 247 (Ala.1982), we held that the Democratic Party has authority to hear pre-primary challenges to the political or legal qualifications of its candidates. § 17-16-12, Code 1975.

In Jones v. Phillips, 279 Ala. 354, 185 So.2d 378 (1966), and in McCutcheon v. Thomas, 261 Ala. 688, 75 So.2d 649 (1954), we held that this particular provision of the election law, requiring the filing of a statement regarding the appointment of a finance committee, is mandatory if enforcement is sought before the election in a direct proceeding for that purpose, and such enforcement was sought in this case.

Kirksey contends that a seat on the State Board of Education is not a "state office" since a member is not required to run statewide but only in a district composed of several of the state's 67 counties. It is not the area or district from which a person is to be elected which determines whether an office is a "state...