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ALABAMA REPUBLICAN PARTY v. McGINLEY

1031166.

893 So.2d 337 (2004)

ALABAMA REPUBLICAN PARTY v. Kelly McGINLEY.

Supreme Court of Alabama.

May 18, 2004.

Attorney(s) appearing for the Case

Edward S. Allen, Ed. R. Haden, and James J. Goodman of Balch & Bingham, LLP, Birmingham; and William B. Sellers of Balch & Bingham, LLP, Montgomery, for appellant.

Johnny B. Davis, Ozark, for appellee Kelly McGinley.

Troy King, atty. gen., and John J. Park, asst. atty. gen., for Nancy Worley, in her official capacity as Secretary of State; Don Davis, in his official capacity as Probate Judge of Mobile County; Adrian Johns, in his official capacity as Probate Judge of Baldwin County; Rachel Agerton, in her official capacity as Probate Judge of Escambia County; Susan Wilson, in her official capacity as Circuit Clerk of Mobile County; Jody Campbell, in his official capacity as Circuit Clerk of Baldwin County; and James K. Taylor, in his official capacity as Circuit Clerk of Escambia County; and Roy Wylie Granger III, Office of the Secretary of State, for Nancy Worley, in her official capacity as Secretary of State. (The state election officials, named as defendants in the circuit court action, were not named as appellants or appellees on the notice of appeal filed in the Supreme Court. They did, however, file a brief in the Supreme Court.)

HOUSTON, Justice.

This is an expedited appeal. The Alabama Republican Party appeals the order of the Montgomery Circuit Court's issuing a writ of mandamus 1) ordering that Kelly McGinley's name be restored to the June 1, 2004, Alabama Republican Party primary ballot, and 2) directing the Alabama Republican Party and various state and local election officials to "count and certify any properly cast votes" for McGinley in that election. We reverse.

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