Alabama Court Rules, Consistent With My Understanding (but Not the Alabama SOS Understanding) That Court Lacks Jurisdiction to Hear Roy Moore Election Challenge

The judge’s order saying the court has no jurisdiction relies on Alabama Code 17-16-44, which says that courts don’t have jurisdiction to hear election challenges unless expressly provided for by statute.  As I explained on election night, candidates for federal office may not contest election results in state court, but would need to go to the U.S. House or Senate. Alabama has made a deliberate policy choice not to have state courts get involved in these contest.

As I explained this morning, this leaves Moore to the U.S. Senate or federal court, where his chances seem slim to none based on the earlier complaint.

Alabama has now officially certified Doug Jones as the winner.

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