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Hale v. Alabama Electronic Voting Committee
Citations: 738 So. 2d 322; 1998 Ala. LEXIS 737Docket: 1980309
Court: Supreme Court of Alabama; November 19, 1998; Alabama; State Supreme Court
Jim Woodward filed a petition for a writ of mandamus seeking to vacate a temporary restraining order and a preliminary injunction that prevented the Jefferson County Canvassing Authority, comprised of defendants George R. Reynolds, Polly Conradi, and Donald Keith, from conducting a recount of votes from the November 3, 1998 sheriff election and from examining the ballots. Woodward, a candidate in the election, argued that the Canvassing Authority was authorized to conduct a recount starting November 16, 1998. His opponent, Mike Hale, obtained the restraining order and injunction against the recount, leading to Woodward being dismissed as a party at Hale's request, with his subsequent intervention request denied by the trial court. The Alabama Administrative Code, particularly Section 307-X-1-.21, permits the actions that Hale sought to enjoin. The legal dispute centers on whether the provisions concerning voting procedures sufficiently cover the recount process to override existing statutes that restrict precontest recounts. The court will not determine the merits of Hale's challenge at this stage but treats Woodward's petition as an appeal against the injunction. The court reversed the trial court's decision to deny Woodward's intervention, affirming his right under Rule 24 of the Alabama Rules of Civil Procedure. It noted that a preliminary injunction requires a demonstration of irreparable injury, which the trial court had based on the belief that a recount would harm Hale's property rights and raise ballot integrity concerns. However, the court suggested that if the recount confirmed Hale’s victory, it could diminish the likelihood of a contest, potentially benefiting Hale. An accurate recount favoring Woodward would render Hale's injury from the disclosure of insufficient votes legally unrecognized, denying him standing to complain. The potential risks to ballot integrity from a precontest recount are deemed comparable to those from a post-contest recount, with existing regulations (307-X-1-.21) ensuring ballot integrity. Allowing the canvass to proceed will not irreparably harm the ballots' integrity or Hale's legal interests. The order granting the preliminary injunction is reversed, and the court clarifies that its ruling does not impact the separate case of Jim Woodward v. Polly Conradi et al., nor does it alter the legal timeframe for Woodward to contest the election. The court reverses the denial of the petition to intervene, the temporary restraining order, and the preliminary injunction, while staying all further proceedings pending the Jefferson County Canvassing Authority's recanvassing of ballots. Once the stay expires, the trial court will resume necessary actions for a final judgment, with this Court retaining jurisdiction for any additional relief. The dissenting opinions are noted, and the composition of the Jefferson County Canvassing Authority is detailed, including the appointment of Donald Keith to fill Woodward's position as sheriff.