Candidates for Jefferson County treasurer sue state, say wrongly removed from ballot
Jefferson County just lost its only two Democratic candidates for treasurer over paperwork deadlines, part of a wider purge of ballots by the Alabama Ethics Commission.
But the two candidates, including the incumbent, both say they did file the paperwork on time and are now suing to keep their names on the March 5 ballot.
“I have not seen a problem of this scope of breath in my 45 years of practicing law, and all of that time has been under the Ethics Act,” said attorney Calvin Biggers, who represents one of two candidates. “I don’t know what’s going on with the ethics commission, but we’re going to find out.”
County Treasurer Eyrika Parker and her opponent Mara Ruffin Allen were ruled ineligible to run in the Democratic primary because they failed to turn in statement of economic interests forms to the State Ethics Commission by the required deadline.
In separate cases, Parker and Allen now claim they filed the required statement of economic interest forms on time and ask judges to leave their names on the ballot. Biggers represents Parker in the case.
Hearings for both cases are Wednesday in Montgomery County Circuit Court.
The ethics forms require candidates and public officials to list sources of income for them and their spouses, and information about their household income and total debt in ranges.
Alabama Ethics Commission Director Thomas Albritton, Jefferson County Probate Judge James Naftel and Jefferson County Democratic Chairman Wayne Rogers are named in both cases. The candidates want the judges to issue temporary restraining orders to keep their names on the ballot.
The disqualification of candidates means there is currently no name on the county ballot for treasurer. No Republican qualified to run for the job.
Both cases raise claims that the candidates had filed the required paperwork and that the commission failed to process the documents.
Parker, in her lawsuit, says she filed her annual statement of economic interest form on the Ethics Commission’s website on April 18. She says she was never told that the April filing was insufficient for her candidacy. Since being disqualified, Parker resubmitted the form.
Her lawsuit alleges that the commission “failed to provide an operable system for the filing of SEIs.”
The cases were filed in Montgomery County because they include the Alabama Ethics Commission as a defendant.
Allen in her lawsuit claims she filed her paperwork electronically on the Ethic Commission’s website on Oct. 23, however, she was not notified that the filing was not received until late December.
“…however, by this time, the Plaintiff had already determined that the filing didn’t successfully submit through the electronic system and had successfully completed the SEI filing on November 1, 2023,” her lawyer, Jacquese Antoinette Gary, wrote in the lawsuit.
While he is named a defendant in both cases, Rogers, the Democratic chairman, said he wants the candidates restored. But that’s something that only the judge can order.
Rogers said a successful challenge by Parker and Allen might benefit other disqualified candidates.
“We remain hopeful that all of our candidates will be on the ballot,” he said. “We think the rationale that the court puts forward might apply to all of our candidates.”
Although Jefferson County has a high number of disqualifications, Rogers said, the candidate purge is happening statewide and is bipartisan.
He said several other Jefferson County candidates will appeal their disqualification with evidence proving that they complied with the filing requirement.
The party’s executive committee would have to name a replacement if candidates are not restored to the ballot. Adding to the need for quick resolution, absentee ballots are set to be printed and available to the public by Jan. 10.
Jefferson County candidates currently listed as disqualified are:
· Mara Ruffin Allen, Jefferson County Treasurer
· Lawrence Anderson, Constable District 15
· Charles E. Alexander, Jefferson County Assistant Tax Collector, Bessemer
· Andre Glenn Bennett, Constable District 51
· Nell Brown, Jefferson County B.O.E., Place 2
· Kasandra Duncan Brundidge, Jefferson County B.O.E., Place 1
· Robert Colvert, Constable District 54
· Danielle Lewis Matthews, Jefferson County Assistant Tax Collector, Bessemer
· Tara Nix, Constable District 59
· Eyrika L. Parker, Jefferson County Treasurer seeking re-election
· Cheryl Hamilton Long, Constable District 56
· Joan Singleton, Jefferson County Assistant Tax Collector, Bessemer
· Charles R. Winston III, Constable District 56