Davis v. BennettAnnotate this Case
Don Davis, in his capacity as the Judge of Probate for Mobile County, appealed a Circuit Court's final judgment in favor of then Secretary of State Beth Chapman and the three members of the Mobile County Board of Registrars: Pat Tyrrell, Shirley Short, and Virginia Delchamps. The matter before the Supreme Court concerned a regulation promulgated by the Secretary in an effort to comply with certain federal election laws and an asserted conflict between that regulation and the residency requirement prescribed by three Alabama election statutes. Upon review, the Supreme Court reversed the judgment of the circuit court: "Alabama statutory law continues to require, as it long has, that voters who have moved cast ballots at the polling place designated for their new address. Further, Ala. Admin 20 Code (Secretary of State), Reg. 820-2-2-.13(1), was not and is not required by NVRA or HAVA. Because Reg. 820-2-2-.13(1) expressly contradicts Alabama statutory law, it is void."