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2nd Runoff Struck Down in Alabama Governor Primary

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Associated Press

A federal appeals court Wednesday threw out a judge’s order for a second Democratic gubernatorial runoff in Alabama, leaving Lt. Gov. William J. Baxley as the party’s nominee.

Atty. Gen. Charles Graddick will take his bid for another election to the U.S. Supreme Court, an aide said.

The U.S. 11th Circuit Court of Appeals, overturning a federal judge in Birmingham, said that “federal courts should not be involved in settling state election disputes.”

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The ruling comes after a three-judge panel heard arguments last week on Baxley’s appeal of U.S. District Judge Foy Guin Jr.’s decision for a second runoff between the lieutenant governor and Graddick.

A five-member Democratic panel ruled Aug. 15 that Graddick owed his 8,756-vote victory in the party’s June 24 runoff to illegal GOP crossover votes. The panel named Baxley as the party’s nominee to succeed Gov. George C. Wallace, who is retiring.

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