On Wednesday, just days after Alicia Escott Lumpkin first addressed the challenge to her candidacy by State Rep. Juandalynn Givan (D-Birmingham), the Democratic Party released a statement that said the case against Lumpkin was "dismissed with prejudice."
Givan says the response is "inappropriate" given that a formal hearing wasn't held, no evidence has been given to prove that Lumpkin was eligible to run under state statute, and the matter is still pending before the courts.
Alabama Code § 45-37A-52.95(9) states, "No employee of the Mayor's staff shall run for elected office while so employed."
Lumpkin was still employed by Birmingham Mayor Randall Woodfin when she filed to run for office. She withdrew her filing and refiled after submitting a letter of resignation from the office. Givan is seeking concrete proof from the City, including records, that show Lumpkin's final pay and benefits period.
"Dismissal with prejudice is particularly inappropriate where the Committee has not made factual findings following a full evidentiary hearing and where the underlying legal issues remain actively contested," Givan wrote as part of a 4-page letter.
The letter from the party stated as follows:
As you know, the hearing on Representative Givan's contest of Ms. Lumpkin's election was set for 9:00 a.m., Monday, June 15th, at the Alabama Democratic Conference facility in Montgomery, Alabama. Ms. Lumpkin appeared with counsel. The Contest Committee was informed that Representative Givan and her counsel would not appear and in fact they did not. Representative Givan did not pay the contest fee.
The Contest Committee is aware that Representative Givan previously raised a challenge to Ms. Lumpkin's qualification to appear on the primary ballot. A hearing on that challenge was held before the Challenge Committee on February 13, 2026. After the .hearing on February 13, 2026, Rep. Givan communicated to the Challenge Committee that she wished to withdraw her challenge. The challenge is the subject of a decision letter issued by the Challenge Committee.”
Representative Givan's contest is dismissed with prejudice.
Givan provided 1819 News with a copy of a statement she sent to chairman Randy Kelley about the first challenge. In it, she says, "I respectfully withdraw my contest of the candidacy of Alicia Ruth Lumpkin, for House District 60. I have no confidence in the Democratic Party's ability to rule in an impartial manner."
Givan's response to the party notes that the pre-election and post-election challenges are "separate legal questions and separate statutory considerations."
"The committee's dismissal fails to address the central issue presented throughout these proceedings: whether Ms. Lumpkin was legally eligible to seek and hold the office of State Representative for House District 60 while serving as an appointed employee of the Mayor of Birmingham. That issue remains unsolved," Givan said.
In both the legal case and the party challenge, Givan has made it clear she does not dispute the electoral results themselves. She is seeking evidence regarding the merits of the qualification issue.
Givan's legal case is still pending before the court. Givan has sought declaratory judgment in her favor.
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