Attorney for voter in disputed SD27 race threatens federal lawsuit

During an appearance on "Rightside Radio" broadcast on Huntsville's WVNN Thursday, Bryan Taylor, legal counsel for Patsy Kenney, the so-called non-registered voter in the disputed Senate District 27 outcome, said his client was considering legal action if her vote winds up being rejected.

The Alabama Republican Party (ALGOP) steering committee voted to accept Kenney's ballot in the tally at a meeting on Saturday, which put incumbent State Sen. Tom Whatley (R-Auburn) in a tie with the then-apparent leader, Auburn City Councilman Jay Hovey.

The ALGOP candidate committee is expected to meet today at 10:10 a.m. in a Zoom call to reconsider the challenge.

Following the decision by the ALGOP steering committee, the Alabama Law Enforcement Agency (ALEA) issued a statement saying it had conducted its own investigation into the situation.

"The enquiry [sic] discovered the individual in question possesses a driver's license issued by the State of Georgia," the statement read. "It also revealed the individual visited the ALEA Driver License Office in Opelika to obtain an Alabama Driver's License. However [the individual] did not complete an issuance transaction and was never issued an Alabama Driver's License. The individual still holds a current Georgia Driver's License.

"Voter registration information from ALEA's Driver License Division is only sent after the credential is issued and the customer signs the required voter declaration, which did not occur in this specific incident."

During his "Rightside Radio" appearance, Taylor rejected ALEA's argument and said despite the agency's proclaimed protocol, that was not how the National Voter Registration Act of 1993 (NVRA), also known as the Motor Voter Act, was interpreted.

He then explained the possible legal action Kenney was considering.

"All along, she said her only interest is making sure her vote counts," Taylor said. "And so, she was content with [ALGOP's] decision to count her vote. If they retract that, she's already asked me to give her legal advice on what her options are, and one of those options would be a Motor Voter lawsuit challenging the rejection of her ballot as a disenfranchisement and deprivation of her constitutional right to vote and to have her vote counted.

"We're certainly looking at that. I hope we don't have to do that. If we just stick to the rules as they were written at the beginning and leave it as it is, she wouldn't have a reason to pursue it any further. But if they do strip her of her vote [being counted], she's interested in looking at other options."

Late Thursday, Taylor posted a memorandum laying out his client's legal argument if it came to that.

Statement on behalf of Patsy Kenney, the voter whose previously rejected ballot tied the vote for Ala. SD27. #alpolitics pic.twitter.com/Y3O2w75QR4
— Bryan Taylor (@BryanTaylorAL) June 30, 2022