Cedar Bluff absentee vote case may be over

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 early last week. 

In a brief, three-page filing, Etowah County Circuit Judge William Rhea, III ruled Oct. 27 that around 30 questionable ballots picked up by the agents of several candidates in Cedar Bluff’s municipal election were illegally distributed and must be discounted. 

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 last Wednesday to challenge his ruling. Early indications were that District 2 candidate Sanders planned to appeal. But The Post learned Friday afternoon that the motion will likely be withdrawn before Monday's scheduled hearing.

Plaintiff's attorney Shane Givens said his clients, Wallace, Burkhalter and McWhorter, are happy the matter has been resolved and that business can return to normal in the small town.

"We're very pleased with the judge's decision," Givens said. "We're ready to move forward now and have a quick election so we can fill the mayor's seat as soon as possible."