Cullman attorneys Tommy and Kim Drake are seen in this February 18, 2014 file photo at The Cullman Times office.

Cullman attorneys Tommy and Kim Drake filed suit against the Alabama Republican Party for allegedly keeping nearly $7,000 in qualifying fees after booting the couple from the ballot in the wake of complaints of “political opportunism” by the Cullman County GOP.

Tommy Drake had signed up to run against Republican incumbent Robert Aderholt in the 4th Congressional District in north Alabama, and his wife, Kim, had signed up to challenge Republican incumbent Beth Kellum for the state Court of Criminal Appeals. Their disqualification leaves Aderholt and Kellum without any opposition in the party primary June 3 or the general election Nov. 4.

In their civil suit against the Alabama GOP filed in Jefferson County District Court Thursday, the Drakes allege that since its executive committee voted to remove them from the ballot in February, it has failed to return $6,660.05 in qualifying fees they paid. They are demanding the Alabama GOP pay them back the qualifying fees (plus all interest and legal fees) as well as $19,000 in punitive damages.

They are charging the state GOP with breach of implied contract, unjust enrichment and fraud, misrepresentation and deceit. Calls to the Drakes and state GOP Chairman Bill Armistead for comment were not returned Friday.

Cullman County GOP Chairman Ken Cornelius said that from what he understood, none of the six candidates the state GOP disqualified received their qualifying fees back, per its policy.

Earlier this year, the Cullman County Republican Party’s five-member candidate committee unanimously voted to challenge the Drakes’ candidacies and send their concerns to the state GOP which in turn disqualified them.

Armistead said in February that the local party expressed concerns about the Drakes’ prior association with the Democratic Party and that the two had never been active with the local GOP.

The two have previously campaigned for office as Democrats, with Kim Drake running for state court of civil appeals twice and Tommy Drake running for Cullman County District Attorney and state House District 9 representative. Tommy Drake is the son of Alabama House Speaker Tom Drake who represented Cullman County for 32 years as a Democrat.

Tommy Drake described him and his wife as “pro-life fiscal conservatives.” He said they reflect the political transition in Alabama, with most of their friends now being Republicans. He said they have contributed to and voted for Republican candidates. He said they felt it was time to make a party switch.

He pointed to a long line of former Democrats who have successfully switched parties and ran as Republicans, citing President Ronald Reagan and U.S. Sen. Richard Shelby along with local candidates.

“This is an unprecedented line in the sand being drawn here,” he said in February. “The state Republican Party is setting some type of litmus test to determine who is a true Republican. That’s like trying to determine who is a true Christian. There’s got to be some objective standard based on bylaws and guidelines.”

Tiffeny Owens can be reached at towens@cullmantimes.com or 256-734-2131.