- Associated Press - Tuesday, November 3, 2015

MONTGOMERY, Ala. (AP) - Former Alabama congressman Artur Davis will get his day in court in his fight to run as a Democrat again.

Montgomery Circuit Judge Truman Hobbs said Tuesday he will hear arguments Nov. 9 in Davis’ lawsuit against the Alabama Democratic Party. Davis is seeking to run for Montgomery County commissioner as a Democrat. Party officials refused to qualify Davis, citing his past support of Republicans.

Davis was elected to Congress four times as a Democrat and ran for governor as a Democrat in 2010. However, after losing the party primary, he announced that he had aligned himself with the GOP and he spoke at the 2012 Republican National Convention. He has moved back to his hometown of Montgomery to focus on local politics.

The party’s “Radney Rule”- named after a former state senator- prohibits someone from running as a Democrat if they supported another party in the last four years. The party’s executive board last month refused to waive the rule for Davis.

Davis’ lawsuit argues that he is being singled out and the party has welcomed back all other party-switchers, including former congressman Parker Griffith, who was the Democratic candidate for governor last year.

“Every other person that has gone before the executive board seeking a waiver of the Radney rule has gotten it,” Davis said.

Davis had asked for a temporary restraining order to force the party to accept his candidate paperwork by Friday’s deadline. However, James Anderson, a lawyer representing the state party, said hopefully the issue can be settled in court next week over whether Davis is eligible to run as a Democrat. He said the party agreed to work with Davis on the deadline.

Anderson suggested that other party-switchers, welcomed back into the Democratic fold, had counted votes and knew they had support from board members before asking for a Radney Rule waiver.

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