Alabama Supreme Court: HD10 election challenge can proceed

The Alabama Supreme Court has denied a motion to dismiss filed by David Cole in a challenge to his election as state representative for House District 10. The ruling by the court allows depositions to proceed in the case, with the Madison County Circuit Court managing the process and settling disputes. 

Cole, through his attorney Al Agricola, filed the motion to dismiss, claiming that the circuit court didn’t hold jurisdiction after Cole was sworn in, and that only the state Legislature had jurisdiction. The plaintiff in the case, Libertarian candidate Elijah Boyd, conceded that the Legislature would ultimately determine the challenge, but argued that the circuit court played a role in the discovery process, managing depositions and settling disputes. 

The ALSC obviously agreed with Boyd and his attorney, Barry Ragsdale. The court didn’t require the plaintiffs to respond to a blistering appeal filed by Agricola, in which he was openly critical of Circuit Court Judge Ruth Ann…