Candidate Lawsuit

By: Associated Press
By: Associated Press

A Montgomery judge is considering whether a Christian radio talk show host should be placed back on the ballot for the upcoming Republican primary.

Kelly McGinley claims she was wrongly disqualified from the primary for the state school board seat representing the Mobile area.

At a hearing Wednesday, McGinley said she met all the party's standards for candidates. She says the decision to remove her from the ballot violates state law and the Constitution.

Republican attorneys argued that state law gives the party "broad discretion" to decide who its candidates will be.

GOP leaders have said in media reports that McGinley is not a true Republican. But McGinley said that she has never been a member of any other party, and that even if she had been, Republicans have accepted so-called "party switchers" in the past.

Circuit Judge William Shashy will have to make a decision quickly, Thursday is the deadline for ballots for the June 1 primary to be in county offices.

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