Evan Smith files election protest

By Scott Wright

CENTRE – It looks like The Post might have called the municipal election in Cedar Bluff a few days too soon.

Despite an Oct. 27 ruling by Etowah County Circuit Judge William Rhea that seemed to bring the election to a close, The Post learned Thursday afternoon that one candidate has chosen to appeal the decision.

District 1 Town Council candidate Evan Smith, a Centre attorney, has appealed Judge Rhea's decision to toss out over 30 absentee ballots that were determined to have been cast illegally. In a two-paragraph statement released to the press Nov. 6, Smith's attorney, Ralph Strawn of Gadsden, claims Town Clerk DeLana Martin's testimony that she did not intentionally allow agents of candidates, including Smith, to pick up multiple absentee ballots should not prevent the votes from being counted.

“Smith contends … that the mere negligence or mistake of Martin should not disenfranchise these otherwise eligible voters,” the statement reads.

Centre attorney Shane Givens, who brought the action on behalf of District 1 candidate Billie Burkhalter and others who opposed the use of illegally distributed absentee ballots, said his clients will continue to fight to see that justice prevails in the matter.

“We believe Judge Rhea's decision not to allow these illegal absentee votes was based on our arguments that the integrity of the election had been affected in this case,” Givens said. “It is unfortunate that Mr. Smith has chosen to press this matter, especially considering the additional time involved and further cost to the taxpayers. We are confident that Judge Rhea made the right decision, however, and will defend his ruling with our best efforts.”