District 4 challenger Greg Palmer is calling for a recount of the Sept. 23rd runoff election in the City of Andalusia in which he and incumbent Presley Boswell ended in a tie that was broken in Boswell’s favor Tuesday by the current council.
There was one provisional ballot cast last Tuesday in District 4. However, Buddy Wilkes reported to the council that he and the other two members of the Board of Registrars, with input from the Alabama Secretary of State, agreed that the voter, identified as Shannon Bryant, was not registered to vote in District 4.
After certifying the election results from last week, city administrator John Thompson polled each member of the council to break the tie. Mayor Earl Johnson, Councilman Joe Nix, Councilman Kennith Mount, Councilwoman Hazel Griffin and Councilman Terry Powell all voted for Boswell. Boswell abstained.
District 1 Councilman Joe Nix also was reelected in the Sept. 23rd runoff, defeating Jermaine Woods, 142-98.
When the council’s canvassing meeting was adjourned, Palmer notified city officials in writing that he was calling for a recount. He also presented $10,000 in cash to cover the costs of a recount.
State law says anyone with standing can ask for a recount.
“The petitioner must be prepared to pay the cost of the recount and must be required to give security to cover these costs in an amount as determined by the municipal governing body based upon an estimate of actual costs. The recount must be conducted under the supervision of a trained and certified poll official. Representatives of opposing interests shall be given at least 24 hours’ notice and shall be invited to participate in the recount,” the Alabama Code states.
“If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law,” the Code of Alabama states. “If the recount of the resulting contest alters the result of the election, the cost of the recount shall be borne by the municipality,”
Palmer also asked for a recount of the votes cast on August 26th. However, the deadline for a recount of that election has already passed. According to the Code of Alabama, Section 11-46-55, “The time period for requesting a recount ends 48 hours after the official canvass of returns by the municipal governing body.”
Palmer also asked to review records of who cast ballots in the election, including those who voted absentee. The City of Andalusia has been advised by the Secretary of State that those records are to remain sealed unless a circuit judge orders them to be opened.
The City of Andalusia is required to give 24 hours notice of a recount. The date has not yet been set. Polling officials who worked the Sept. 23 election will need to be present, as will an official of the vote tabulator machine company.