The City of Andalusia on Friday morning held a recount of votes cast in the Sept. 23rd municipal run-off election in Council District 4. There was no change in the results.
District 4 challenger Greg Palmer on Tuesday called for the recount in the September election in which he and incumbent Presley Boswell ended in a 183-183 tie. That tie was broken by the Andalusia City Council Tuesday when they returned Boswell to a full term on the council.
There was one provisional ballot cast in that race that potentially could have broken the tie. However, when the Board of Registrars, with input from the Alabama Secretary of State, determined the voter 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, and also asked to inspect the sign-in sheets of those who cast absentee ballots and those who voted in person. 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 had 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 recount was held in City Hall auditorium. A technician from the tabulation machine company, who programs the machines, was present.
Alabama law requires that poll officials also return for the recount. Chief inspector Jenny Pitts was joined by Billy Joe Stallworth and Jimmy Jackson, who operated the tabulation machines on Sept. 23rd. Probate Judge Stacy Brooks, who manages all county-wide elections, also was present.
The poll workers unsealed the ballots, and separated District 1 and District 4 ballots, then fed the District 4 ballots through the tabulation machines for a recount.
After the recount, Mrs. Pitts announced the results, and the ballots were resealed, with the three poll workers signing the seal.
Both Palmer and Boswell were present for the recount.
City administrator John Thompson explained that when the costs of holding the recount are totaled, Palmer will be refunded the balance of his deposit.