Aug. 31, 2009

McWhorter ruled winner in C.B. election

By Scott Wright

MONTGOMERY The Alabama Supreme Court ruled Aug. 28 that a circuit judge’s decision to toss dozens of absentee ballots cast in a municipal election in Cedar Bluff last fall was correct, at least in one district race.

As a result of the high court’s unanimous decision, former educator Lenora McWhorter is the winner of the District 2 seat on the town council.

Former mayor Donald Sanders had been declared the winner. But McWhorter and two other candidates for positions in the town government challenged the initial results, citing around 30 absentee ballots they claimed were mishandled by the town clerk or representatives of other candidates.

The court ruled that Gadsden judge William Rhea’s ruling last October to discount the absentee ballots in the Dist. 2 race was valid because the town had certified Sanders as the winner.  Alabama law only provides for legal challenges when a “duly elected” winner has been declared.

Judge Rhea heard the case after all three circuit judges in Cherokee County demurred because one of the candidates for town council is a local attorney who practices in Cherokee County.

The other four races -- for mayor and town council seats in districts 1, 3 and 4 -- will require runoffs to determine an outright winner before any legal challenges can proceed. A new election has not yet been scheduled.

Candidates for mayor are councilwoman Ethel Sprouse and the late Steve Lay. In Dist. 1, current councilwoman Billie Jean Burkhalter will face off against Centre attorney Evan Smith; the Dist. 3 race will be between Martha Baker and Jack Bond; and the Dist. 4 runoff will be between business owner Tammy Grace and sheriff’s deputy Mark Hicks.

Lay died a few weeks after the general election.

McWhorter said she is looking forward to getting to work and hopes to help restore the town's image in the eyes of people in other parts of Cherokee County.

"I'd like to turn around the town's reputation, because people say we can't decide on anything in Cedar Bluff," she told The Post. "I don't like that because we have a good town that is an asset to the county. If there are doubts about the government that can be changed, and if the reputation of the town can be restored, I'd like to help do that if I can."