A Democrat candidate for Clay County Commission in 2024 pleaded guilty to one voter fraud charge on Wednesday.

Alabama Attorney General Steve Marshall announced in July the arrest of Terry Andrew Heflin, the Democrat candidate for District 5 of the Clay County Commission, on seven felony counts of voter fraud. Heflin, 45, was charged with seven counts of unlawful use of absentee ballots. Specifically, the indictment alleges that Heflin falsified applications to vote absentee for multiple people and then used those people’s names to vote for himself by absentee ballot. Each count of unlawful use of an absentee ballot is a Class C felony punishable by one year and one day to 10 years in prison.

Heflin defeated Beverly Appleby Hill in the Democrat primary runoff in April 2024 by a margin of 59% to 41%, or 141 votes to 98 votes.

Under the plea agreement, six of the seven felony voter fraud charges against Heflin were dropped. Heflin was sentenced under the agreement to one year and one day in prison split to serve 15 days in jail followed by one year of probation. Heflin will be allowed to “serve his sentence in a manner that is least likely to interfere with his employment i.e., on the weekends or days off. Heflin agreed to waive his right to all appeals (including all post-conviction remedies). Heflin initially pleaded not guilty to all seven felony charges last year.

According to the plea agreement, Heflin pleaded guilty in October 2021 to one count of possession with the intent to distribute a controlled substance and one count of possession of a controlled substance. Despite his felony convictions, Heflin qualified in the 2024 Democrat primary to run for the District 5 seat of the Clay County Commission. On Nov. 4, 2023, Heflin filed paperwork with the Secretary of State to appoint himself the sole member of his principal campaign committee. After qualifying to run, Heflin set out to win the nomination by use of absentee ballots. Heflin met Jamey Ware, a convicted felon eligible to vote because his crimes did not involve moral turpitude, at a Mapco gas station. Ware has never resided or registered to vote in District 5. Heflin convinced Ware that he could vote in the District 5 election and asked him for his driver’s license. Heflin took a photo of Ware’s license, had him sign a blank absentee ballot application, and said he would take care of everything. Ware never heard back from Heflin and did not vote. 

Heflin submitted an application to vote absentee in Ware’s name with the signature Ware made at Mapco. Heflin filled out the application and requested that the ballot be sent to one of Heflin’s P.O. Box addresses. After receiving the absentee ballot and ballot application, Heflin filled out the affidavit and filled in the ballot voting for himself. He then submitted both in Ware’s name. Ware was unaware of and did not submit the affidavit or the vote, according to the plea agreement. 

“Voter fraud is a direct attack on our democratic process, and it will not be ignored or excused in Alabama,” Marshall said. “When someone cheats the system to steal a vote, they are stealing the voice of their fellow citizens. This conviction sends a clear and unmistakable message: if you undermine our elections by committing voter fraud, you will be caught, and you will be prosecuted.”

heflin by Caleb Taylor on Scribd

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