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WORKING v. JEFFERSON COUNTY ELECTION COM'N

1070850, 1070893 and 1070917.

2 So.3d 827 (2008)

Patricia WORKING et al. v. JEFFERSON COUNTY ELECTION COMMISSION et al. Governor Bob Riley, in his official capacity v. Jefferson County Election Commission et al. George F. Bowman v. State of Alabama ex rel. Fred L. Plump and William A. Bell, Sr.

Supreme Court of Alabama.

June 30, 2008.

Attorney(s) appearing for the Case

Walter E. Braswell, Birmingham; and Albert L. Jordan of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for appellants Patricia Working, Rick Erdemir, Floyd McGinnis, and State of Alabama ex rel. Floyd McGinnis.

Troy King, atty. gen., and James W. Davis, Margaret L. Fleming, and Misty S. Fairbanks, asst. attys. gen., for appellants Governor Bob Riley, in his official capacity.

Commissioner George Bowman, Jefferson County Commission, pro se.

Jeffrey M. Sewell, asst. county atty., Jefferson County; and Charlie D. Waldrep and Susan Walker of Waldrep, Stewart & Kendrick, LLC, Birmingham, for appellees Jefferson County Election Commission and Sheriff Mike Hale.

James U. Blacksher, Birmingham; and Edward Still, Birmingham, for appellee Fred L. Plump.

Michael K.K. Choy and Margaret Mary Fullmer of Haskell Slaughter Young & Rediker, Birmingham, for appellee William A. Bell, Sr.

PER CURIAM.

These appeals arise from challenges to the attempts to fill the district 1 seat on the Jefferson County Commission left vacant when Commissioner Larry Langford was elected mayor of the City of Birmingham in October 2007. The trial court held that the vacant seat was to be filled by a special election rather than by gubernatorial appointment. For the reasons stated herein, we reverse the trial court's judgment.

I. Facts, Procedural Background...

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