Judge tosses out disputed absentee ballots

By Scott Wright

GADSDEN – Despite the best efforts by a team of defense attorneys, the plaintiffs in the lawsuit over absentee ballots in Cedar Bluff got the victory they had been hoping for Monday morning. 

In a brief, three-page filing, Etowah County Circuit Judge William Rhea, III ruled earlier today that around 30 questionable ballots that were picked up by agents of several candidates Cedar Bluff’s municipal election were illegally distributed and must be discounted from the final vote tally. 

He preceded his ruling with a flat denial of a multitude of motions for dismissal filed on behalf of several defendants. 

As per Judge Rhea’s order, Centre attorney Evan Smith’s eight absentee votes are discounted, leaving Billie Burkhalter the winner in the District 1 Town Council race. In District 2, 13 absentee ballots cast for Donald Sanders are tossed out, meaning Lenora McWhorter is the winner of that contest. 

In the mayor’s race, 18 absentee votes cast on Aug. 26 for the since-deceased Steve Lay are negated, moving challenger Jimmy Wallace into second place and a runoff with top vote-getter Ethel Sprouse.  

Judge Rhea gave all parties involved until Wednesday to challenge his ruling. If there is a challenge, he has a hearing scheduled for Nov. 3 at 1:30 p.m. in his Gadsden courtroom to “enforce the provisions of this order.” 

Plaintiffs’ attorney Shane Givens was not available for comment Monday afternoon.