Candidate challenges mayor vote

HODGES - A petition was filed Wednesday seeking a recount of last week's mayoral race.

Florence attorney Steve Graham, representing Hodges resident Nick Howard, said the petition was filed with the Hodges town clerk asking for the votes to be recounted.

Howard was beaten by a single vote, 58-57, in the race against incumbent Ed Crouch.

The election results were certified by the town council Tuesday, and according to state law, anyone wishing to petition for a recount has 48 hours after the certification to do so.

Graham said his client is also seeking to contest the election results. He has five days from the certification to petition with the Franklin County Circuit Court to contest the election.

Tracy Roberts, an attorney with the Alabama League of Municipalities, said the recount does not change the outcome of the election.

"It only gives grounds for a contest, but you do not have to have a recount to contest an election," Roberts said.

Graham said there were a few issues his client had with how the election was held. He said the town clerk is required by law to publish a list of eligible voters five days before the election.

"And according to our client, he had been asking for the list and had gotten a couple of lists (before the election), but the final list was not provided to him until the night prior to the election," Graham said. "And at that time, he said some names had been added; there was no time to mount any challenge to voters.

"That's why the list is provided earlier than the election for candidates to look over the list, and if the candidates have a question of a voter's legality or if a name has been left off, the voter can get it fixed."

Graham said his client contends there were ineligible voters in the election.

"They could not have been registered or not lived within the city limits," Graham said. "We also had one person who told our client that they requested an absentee ballot and it was never received."

He said there were also some reports that two residents of Hodges who had previously voted in city elections were not allowed to vote because their names were not on the voter list.

"They were not informed they could cast a challenge ballot so they left without voting, and in a one-vote race, those votes were critical and could have been a big factor in changing the outcome of the race," Graham said.

Graham said he and his associates have been interviewing Hodges residents trying to "nail down" some of the allegations.

Crouch said he doesn't blame Howard for filing for the recount.

"I would too if I lost by one vote," said Crouch, who was elected to his sixth term as mayor. "I welcome the challenge. I hope it clears up any misconceptions. We have nothing to hide."

Crouch said he doesn't know of any wrongdoings in the election.

"I don't know anyone (who was eligible to vote) who was denied the right to vote," he said. "Two people came in to vote and one was not registered and the other lived outside the city so they were told they couldn't vote.

"I didn't commit any illegal acts that would affect the outcome of the election and I did not solicit anyone else to commit an illegal act."

Roberts said the recount will be done by machine. He said according to the Alabama Code, if the original vote is cast by an electronic machine, the recount must also be done the same way.

He said the election contest, if filed, would be presented in front of the Franklin County circuit judge. He said it would be up to the judge to set the case for a hearing. Once the contest is filed, however, the other party has to file an answer within five days.

Tom Smith can be reached at 740-5757 or tom.smith@TimesDaily.com.