Hall et al v. Bennett

Filing 82

JUDGMENT, In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) plf N.C. "Clint" Moser, Jr.'s claims are dismissed as moot; (2) def Secretary John Merrill's 23 MOTION for Summary Judgment is (a) denied on plf James Hall's First and Fourteenth Amendment claim and (2) granted in all other remaining respects; (3) plfs Hall and Moser's 63 MOTION for Summary Judgment is (a) granted on plf Hall� 39;s First and Fourteenth Amendment claim and (b) denied in all other remaining respects; (4) judgment is entered in favor of plf Hall and against def Merrill on plf Hall's First and Fourteenth Amendment claim; (5) it is declared that the enforc ement of the 3 % signature requirement set forth in 1975 Ala. Code § 17-9-3-(a)(3) is unconstitutional during any off-season special election for which: (a) the vacancy is announced less than 124 days prior to the petition deadline and (b) the date of the special election is announced less than 57 days prior to the petition deadline; further ORDERING that costs are taxed def Merrill, for which execution may issue; directed the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 9/30/16. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JAMES HALL and
N.C. “CLINT” MOSER, JR.,
Plaintiffs,
v.
JOHN MERRILL, Alabama
Secretary of State,
in his official capacity,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:13cv663-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the court
that:
(1) Plaintiff N.C. “Clint” Moser, Jr.’s claims are
dismissed as moot.
(2) Defendant Secretary John Merrill’s motion for
summary judgment (doc. no. 23) is (a) denied on plaintiff
James Hall’s First and Fourteenth Amendment claim and (2)
granted in all other remaining respects.
(3) Plaintiffs Hall and Moser’s motion for summary
judgment (doc. no. 63) is (a) granted on plaintiff Hall’s

First and Fourteenth Amendment claim and (b) denied in
all other remaining respects.
(4) Judgment is entered in favor of plaintiff Hall
and against defendant Merrill on plaintiff Hall’s First
and Fourteenth Amendment claim.
(5) It is DECLARED that the enforcement of the 3 %
signature

requirement

set

forth

in

1975

Ala.

Code

§ 17-9-3-(a)(3) is unconstitutional during any off-season
special election for which: (a) the vacancy is announced
less than 124 days prior to the petition deadline and (b)
the date of the special election is announced less than
57 days prior to the petition deadline.
It is further ORDERED that costs are taxed defendant
Merrill, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 30th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE