Godfrey v. Oswalt

428 So. 2d 40, 1983 Ala. LEXIS 4077
CourtSupreme Court of Alabama
DecidedFebruary 25, 1983
Docket82-351
StatusPublished
Cited by1 cases

This text of 428 So. 2d 40 (Godfrey v. Oswalt) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godfrey v. Oswalt, 428 So. 2d 40, 1983 Ala. LEXIS 4077 (Ala. 1983).

Opinions

PER CURIAM.

This is an appeal from a general election contest filed pursuant to Code 1975, § 17-15-20, et seq., in the Fayette County Circuit Court. The trial court held that the election of the Democratic nominee, Ed God-frey, as Probate Judge of Fayette County, Alabama, was void. We reverse.

On September 7, 1982, in the Democratic primary election for the office of Judge of Probate of Fayette County, Ed Godfrey received 3106 votes, William Oswalt received 3293 votes, and a third candidate, not a party to this action, received 1198 votes. Since no candidate received a majority of the votes, a second primary, or runoff, election was held on September 28. In that election, Godfrey, the appellant, received 3674 votes and Oswalt, the appellee, received 3647 votes. Following this runoff, on September 29, 1982, a written document entitled “Certificate of Results,” signed by the chairman and the secretary of the Fa-yette County Democratic Executive Committee, was forwarded to the Probate Judge of Fayette County, the chairman of the state Democratic Party, and the secretary of state. This written document stated in part:

“We, the undersigned Chairman and Secretary of the Fayette County Democratic [42]*42Executive Committee hereby certify that at the Democratic Primary Run-Off Election held Tuesday, September 28, 1982 the result of said Primary in this County was as follows:”

On September 30, Oswalt filed a contest of the runoff election with the Fayette County Democratic Executive Committee. On October 5, a subcommittee of the Fa-yette County Democratic Executive Committee was appointed to hear the contest. That subcommittee met on October 12, 1982, and, after hearing arguments from the attorneys, issued an order dismissing the contest, signed by the chairman. The dismissal was filed with the probate judge of the county, the chairman of the state Democratic Party, and the secretary of state. On October 14, 1982, Oswalt filed notice of appeal to the state Democratic Executive Committee; however, that appeal was not heard until November 8, 1982, when the state Committee denied the appeal. The general election was held in the interim on November 2, and Godfrey won against a Republican opponent.

Subsequently, Oswalt filed suit in Fa-yette County Circuit Court seeking to have the general election for probate judge declared void. The learned trial judge found that following the filing of the election contest Ed Godfrey was never certified as the Democratic Party’s nominee as required by Code 1975, §§ 17-7-1, 17-16-73, and/or 17-16-86, and therefore, that the name of Ed Godfrey should not have appeared on the ballot and that all votes cast for Ed Godfrey were illegal. The trial court also certified its holding to the “appointing power,” the Governor of Alabama, for appointment after the hearing and determination of all appeals.

The proper resolution of the issues presented in this appeal is not without difficulty because of certain statutory provisions authorizing election contests within our political parties and requiring the prompt determination of such contests within certain time periods before the next ensuing election. The time provisions in the election contest statutes cause difficulties because of the more recent statutes changing the time for holding primary elections of political parties to the month of September. See, Code 1975, § 17-16-6; and Ala. Acts 1978, No. 691, § 16. Most of the statutes governing the contest of elections were enacted at a time when the primary elections were held in May rather than in September. Thus, the time provisions contained in the statutes no longer fit the realities of our election procedures.

We acknowledge these difficulties and undertake to resolve them in the context of our determination of legislative intent. In White v. Knight, Ala., 424 So.2d 566 (1982), we stated, “[T]he basic and underlying purpose of the pertinent statutes ... is to get the candidates certified and have their names placed on the November ballots.” 424 So.2d at 569. Accordingly, in the case before us, we deal with the issues recognizing that the underlying purpose remains the same despite the factual differences between this case and White.

We are also mindful of certain principles this Court has followed in deciding cases concerning election contests. In Perloff v. Edington, 293 Ala. 277, 302 So.2d 92 (1974), we recognized that “the Legislature has given the handling of political party nominations to the several political parties,” and that the Legislature intended that, to whatever extent possible, “political parties would not be bothered in the handling of their nominating elections and the contests arising therein.” 293 Ala. at 279. We also reiterated in Perloff the principles set forth in Longshore v. City of Homewood, 277 Ala. 444, 446, 171 So.2d 453 (1965):

“[Ejection contests exist only by virtue of statutory enactment and such statutes are to be strictly construed. Groom v. Taylor, 235 Ala. 247, 178 So. 33. ‘The right to contest an election is not a common-law right (Cosby v. Moore, 259 Ala. 41, 65 So.2d 178). Elections belong to the political branch of the government, and, in absence of special constitutional or statutory provisions, are beyond the control of judicial power.’ 29 C.J.S. Election § 246.”

[43]*43We are also of the opinion that once a general election has taken place and the people have cast their votes, there must be a compelling reason before the courts will void that election.

The trial court held that pursuant to Code 1975, §§ 17-7-1, 17-16VT8, and/or 17-16-86, Godfrey was not properly certified as the Democratic nominee.

Section 17-7-1 provides:

“(a) The following persons shall be entitled to have their names printed on the appropriate ballot for the general election, provided they are otherwise qualified for the office they seek:
“(1) All candidates who have been put in nomination by primary election and certified in writing by the chairman and secretary of the canvassing board of the party holding the primary and filed with the probate judge of the county, in the case of a candidate for county office, and the secretary of state in all other cases, on the day next following the last day for contesting the primary election for that office if no contest is filed. If a contest is filed, then the certificate for the contested office must be filed on the day next following the date of settlement or decision of the contest.”

Pursuant to this section, the “Certificate of Results,” signed by the chairman and secretary of the county Democratic Executive Committee, was forwarded to the appropriate officials. Apparently, Oswalt successfully argued to the trial court that this document was not a certification, but rather was merely a declaration of results as described in Code 1975, § 17-16-35. We must observe that this written document contained the words “hereby certify”; it was signed by both the county chairman and the secretary; and a copy of the document was directed to the judge of probate. While it serves as the declaration of results, we hold that it also fulfilled the requirements for certification outlined in Code 1975, § 17-7-1, and, therefore, that on September 29, 1982, Godfrey was certified as the Democratic nominee.

The trial court’s decision was also based upon Code 1975, § 17-16-73, which provides:

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Bluebook (online)
428 So. 2d 40, 1983 Ala. LEXIS 4077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-oswalt-ala-1983.