Donald Bennett filed a lawsuit in Montgomery County Circuit Court on Wednesday to stop a recount of Perry County Commission District 1 Democratic primary results.
Longtime Perry County District 1 Commissioner Albert Turner Jr. narrowly lost re-election to Bennett by the slimmest of margins in May.
After counting provisional ballots, Turner lost to Bennett by one vote.
However, in June, the Alabama Democratic Party ordered the Perry County Democratic Executive Committee to hold a recount.
The recount is scheduled for 11 a.m. on Thursday.
Asherica Heard, an attorney for Bennett, asked the court to overrule the Alabama Democratic Party’s June 25 decision ordering a recount.
Heard also asked the court to delay the Thursday recount until a final order is issued.
“Unless restrained by this Court, the recount will occur before the Court has an opportunity to determine whether the Contest Committee lawfully exercised the authority it asserted,” Heard said in the filing.
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