Special U.S. House Election in Alabama Likely to Result in Important Lawsuit over Congressional Qualifications

Stephen Nodine is a former Mobile County, Alabama, County Commissioner and a former city councilmember. He is currently serving a two-year term for perjury. He has announced that he intends to run for U.S. House in the upcoming special election, First District. See this story. He was originally charged with murder, but he agreed to a plea bargain for perjury and there was no trial. He wants to run in the Republican primary.

The U.S. Supreme Court ruled in 1995 in U.S. Term Limits v Thornton that states cannot add to the qualifications to run for Congress or to serve in Congress. This decision was consistent with lower court rulings all throughout the 20th century. On the other hand, the Republican Party has a rule that bars felons or ex-felons from running in a party primary. It seems somewhat likely at this point that the party will attempt to enforce its rule, so if Nodine persists, he will probably file a lawsuit.

In 1992, the Texas Supreme Court ruled unanimously that Lyndon LaRouche could not be barred from running in the Texas Democratic presidential primary, in LaRouche v Hannah, 822 SW 2d 632. Alabama state courts have consistently ruled that political parties can bar candidates from running in primaries if the candidate can be shown objectively to be hostile to the party, or to contradict the party platform.


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