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Local attorney Ray Bryan may not become circuit judge despite having won the June GOP primary election, according to state Republican Party officials.

Alabama Republican Party Executive Director John Ross said the party's steering and candidates committee has moved to decertify Bryan, and plans to appoint a replacement, after he was late filing forms required by the state's Fair Campaign Practices Act.

The decision resulted from a June 13 letter filed by incumbent Mannon Bankson. Bryan defeated Bankson June 3 in a closely contested primary election for presiding circuit judge over family court. Because no Democrat filed to run, the winner of the primary was expected to become judge.

Bankson's letter, which he asked to be considered as a formal challenge to the election, precipitated a meeting Friday of the committee, said Ross.

Several attempts Monday to contact Bankson to confirm the contents of his letter were unsuccessful.

The committee acted on the challenge that Bryan did not file mandatory forms five to 10 days before the election that disclosed sources of campaign contributions, thereby breaking state law. According to scans of the forms at the Secretary of State's Web site, the reports were received on election day.

The documents were sent by certified mail on May 29, two days after the deadline date for mailing. They arrived on June 2 — a state holiday. A time stamp from the office shows they were received at 7:42 a.m. June 3.

"By him not submitting a report at the deadline he decertified himself," said Ross.

The party mailed a letter to Bryan on Monday to notify him of their decision.

"It was a matter of law, not a decision of the committee," Ross said.

The committee is giving Bryan until July 1 — the date the party certifies their nominations with the Secretary of State's Office — to contest the decision and show a legal decision or precedent that would contradict their decision.

"The last thing the committee wants to do is revoke an election," he said.

Bryan, who said he and his campaign are remaining positive, plans to hold a press conference Wednesday at 12:30 p.m. on the Calhoun County Courthouse steps to issue a statement regarding the decision.

"I'm going to deliver a statement about how I plan to protect and preserve the choice for circuit judge made by the voters of Calhoun and Cleburne Counties," he said.

Algert Agricola, who specializes in election law, said he has been asked to represent Bryan and is not willing to discuss strategy.

"He has 10 days to file any proceedings in an appropriate court," said Agricola.

The Montgomery-based lawyer tried a similar case in a 1996 mayoral race in Orange Beach, where candidate Bert Krages filed his five- to 10-day report the day after the election.

The Republican Party is relying on that precedent to inform their decision in Bryan's case, Agricola said

In the Krages case, the Alabama Supreme Court determined that late is equivalent to not filing at all, he said. Krages was declared ineligible to hold office, said Agricola.

He said in that case the city council was authorized to appoint a mayor but decided to hold a special election instead.

In a 1991 case in Jefferson County, County Commissioner Jeff Germany filed reports on the day of the election, said Agricola. The Germany case, however, did not result in a forfeiture of the election; instead the state Democratic Party fined Germany $4,000.

Agricola said it is the Republican Party's position that Bryan would not be eligible for the nomination, but they plan to dispute that.

"It is an incorrect interpretation of the Krages case," he said.

Agricola said he and Bryan also take issue with the lack of a formal contest hearing.

Though Bankson asked that his letter be treated as a formal contest, and Bryan filed a response letter on June 16, the committee met on June 20 to make their decision without either present, he said.

"They did not treat the letter as a formal contest," he said.

According to Agricola, it is generally the party's policy to hold a hearing, affording both sides the opportunity to speak, present evidence, and cross examine.

If Bryan and Agricola's efforts are unsuccessful and the decertification is upheld, the committee will put out a call for people interested in filling the vacancy.

The committee likely will begin publicizing the availability of the position about a week to 10 days following, said Ross.

Agricola said that by law, the state executive committee for the party has the authority to appoint someone to the position, but he and Bryan intend to challenge the decision before it gets that far.

"We really don't have any precedent in the state for this type of filing," said Agricola.

For now, Bryan said, he continues to remain positive.

"We fully expect to prevail," he said.