Fate of lawsuit over election defeat of longtime state rep. rests with skeptical judge
Rep. Juandalynn Givan is seeking subpoenas of human resources and payroll records to prove whether Alicia Lumpkin had properly resigned from her city position before running for office when she defeated Givan.
A Jefferson County judge expressed significant skepticism Thursday regarding a lawsuit filed by longtime State Rep. Juandalynn Givan, who is challenging her recent election defeat.
Givan is currently seeking court approval to subpoena human resources, payroll, and key card records. Her goal is to verify whether Alicia Lumpkin—who previously worked under Birmingham Mayor Randall Woodfin—officially resigned from her municipal position before launching her bid for office. Givan is formally challenging Lumpkin’s legal qualifications to run for the seat.
Legal Arguments and the Mayor-Council Act
The core of the dispute centers on the Mayor-Council Act, the state law governing Birmingham's government, which bars mayoral appointees from holding elected office. Givan maintains the issue is straightforward, stating, "You’re either an employee of the mayor or you’re not. This is not a difficult question.”
Lumpkin, who served as the city’s director of process improvement, has countered by providing a resignation letter signed by Mayor Woodfin. Woodfin famously campaigned for and endorsed Lumpkin during the race. Her legal counsel, Barry A. Ragsdale, characterized Givan's lawsuit as a "baseless election challenge" and an "unprecedented fishing expedition," arguing the matter falls under the jurisdiction of the State Democratic Executive Committee rather than the courts.
Judge Expresses Skepticism
Circuit Judge Chuck Price raised doubts about the necessity of the lawsuit and the relevance of the requested evidence. Regarding Givan's request for data on key card usage and email deactivation, Judge Price noted, "That doesn’t really mean anything. That just means you didn’t turn it in."
The judge went as far as to label the Mayor-Council Act itself as "troubling in itself for a myriad of reasons." While Judge Price made no immediate rulings, he indicated that even if he allowed the case to proceed, he would likely deny the majority of the subpoena requests.
Ongoing Challenges
This case is just one front in a broader conflict. After initially exiting the race, Lumpkin returned to the contest following the submission of her resignation letter. The State Democratic Party has previously cleared both Lumpkin and former aide Kelvin Datcher as eligible to run.
Following Thursday's hearing, Givan told 205focus.com that she is looking for a path to ensure the law is upheld, asking, "Is there anyone here in the state of Alabama with an appetite to do what’s right and to do what’s right based on the law?”