HUNTSVILLE — A hearing has been set on dismissing a challenge to residency claim in last month’s House District 10 election.
State Rep.-elect David Cole filed a motion last month to dismiss a claim by candidate Elijah Boyd that Cole did not live in the district. The hearing to dismiss the challenge will be Dec. 19 before Circuit Judge Ruth Ann Hall.
Boyd’s attorney is disputing Cole’s motion, saying the legislator is trying to avoid saying “where he really lives.”
Boyd, a Libertarian, filed the challenge in Madison County Circuit Court claiming Cole’s residence was House District 4, not District 10. The suit also said Cole did not live in District 10 for at least a year before the Nov. 8 election, as required by state law.
Boyd finished third in the November election behind Cole and Democrat Marilyn Lands.
Cole’s attorney Al Agricola of Opelika said the challenge should be dismissed because Cole has already been sworn into office. The challenge should be addressed by the Legislature.
“The Constitution gives the Legislature power over matters of qualifications of members of the House,” Agricola said. “Since he is a member of the Legislature, the House of Representatives has jurisdiction.
“I am clear that this is a matter the courts don’t have jurisdiction over.”
Boyd’s attorney, Barry Ragsdale, said the process is set in the Alabama Code.
“Dr. Cole’s motion misstates and ignores established Alabama law that the election of a member of the Legislature is subject to a statutory election contest filed in the circuit court,” Ragsdale said. “This process is clearly set out in the Alabama Code. While the ultimate decision on whether Dr. Cole meets the constitutional residency requirements may be decided by the Legislature, Alabama law provides that Cole and others will first have to provide sworn testimony regarding where he really lives, something he is desperately trying to avoid by seeking the premature dismissal of the election contest.
“It has not gone unnoticed that he refused to comment about his residency during the campaign and we look forward to having him placed under oath and forced to answer questions about this matter.”
Lands could not be reached for comment.
Before the election, when the residency issue was raised, Cole Campaign Manager David Driscoll told 256Today: “Doctor David Cole legally meets all requirements to be the Republican nominee and candidate in District 10. I refer you to the Secretary of State John Merrill and The Alabama Republican Party chairman who will confirm he is a legal candidate.”
At the time, Merrill said, if Cole were to win the election but run of afoul of residency requirements, he would be removed from office and a special election would be held.
The House meets next month for an organizational session and March 7 to June 8 for the 2023 regular session.
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