Retired Democrat Mobile County Circuit Judge Braxton Kittrell dismissed the 2022 Conecuh County sheriff's contest for a second time.
Republican candidate Mike Blackmon contested the results, which showed Democrat Sheriff Randy Brock as the winner. The race ended in a tie, but a recount by the canvassing board awarded Brock the win by a two-vote margin.
The case went to trial in March, and Kittrell dismissed the case after hearing part of Blackmon's argument. However, Blackmon's attorneys filed a post-trial motion to vacate that ruling, which Kittrell did.
During the trial, Blackmon challenged two ballots that were not counted by the voting machine but were approved during a recount by the canvassing board. The voters had circled the Democratic party symbols instead of coloring in the ovals on the ballots. Blackmon argued those ballots should not have been counted.
Blackmon's team also presented evidence, including witness testimony, of illegal ballot harvesting. The court found those absentee ballots in question were "from marginally-educated or illiterate voters," but found the ballots were allowed and counted. Kittrell rejected testimony from voter Patricia Williams, who testified she did not vote for Brock, by determining her demeanor was "evasive and wholly unpersuasive."
Blackmon's attorney, Bryan Taylor, said he is already working on an appeal.
"When you have multiple witnesses admit under oath that somebody else gathered and voted their absentee ballots—and you have other ballots that weren't even marked for the opposing candidate or his party, it's hard to fathom how the Court could allow any of those votes to count," Taylor told 1819 News. "We strongly disagree with the Court's findings and legal conclusions, and we are already working on the appeal."
Taylor said he will ask the Alabama Supreme Court to overturn the decision and uphold the integrity of elections.
"It must be made clear that harvesting and casting ballots in the names of others is illegal, and diluting the votes of those who follow the law will not be tolerated," he continued.
"Make no mistake, it didn't just happen in this sheriff's race. We only know about it because the result in this race was so close it went to a recount and an election contest."
Taylor said unlawful voting practices could have potentially affected every race on the ballot.
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