McInnish v. Bennett

For the reasons stated below I dissent from this Court’s decision to affirm without opinion the judgment of the Montgomery Circuit Court granting the motion of the Secretary of State to dismiss this action.

Hugh Mclnnish and Virgil H. Goode, Jr. (hereinafter “the plaintiffs”), appeal from an order of the Montgomery Circuit Court dismissing their complaint against the Alabama Secretary of State. The complaint alleged that the Secretary of State failed to perform a constitutional duty to verify the eligibility of all presidential candidates appearing on the ballot in the 2012 general election.…