EVERGREEN — A judge Tuesday heard both sides of the contested sheriff's race in Conecuh County.
Democrat candidate Sheriff Randy Brock was certified as the winner of the tight 2022 race. However, his opponent, Republican candidate Mike Blackmon, filed an election contest.
A bench trial was held at the Conecuh County Courthouse in Evergreen with retired Mobile County Circuit Judge Braxton Kittrell presiding.
Much of the testimony centered around absentee ballots, votes that may have been obtained illegally, and votes that may not have been counted. An election machine was brought in for a demonstration that ended in audible gasps from the gallery.
Blackmon's team called several witnesses to testify about how they obtained and submitted their absentee ballots.
Circuit Clerk David Jackson explained how ballots are handled. He said several factors, such as ballots being filled out incorrectly and humidity, prevent ballots from being counted in election machines. Those ballots are removed from the pile and hand-counted. He said absentee ballots are opened and counted on election night in the courthouse.
On Nov. 8, 2022, a tabulation tape showed absentee ballots represented 200 votes for Brock and 48 for Blackmon. An overall vote showed Brock was in the lead with 2,224 votes over Blackmon's 2,223 votes.
On Nov. 18, a recount showed absentee ballots were 202 for Brock and 48 for Blackmon. After the recount with provisional ballots, it was concluded that the race was tied, with both candidates having 2,225 votes overall each. It was announced that the winner would be chosen with a coin toss.
Poll watcher Terrie Ryan testified that she watched the recount and took notes. She said after both candidates agreed to the coin toss, an extra ballot from the absentee ballot was brought over to be counted. That ballot put Brock ahead by one vote, Ryan testified.
Probate Judge Steve Fleming said there was an error with the absentee ballots, resulting in an extra vote for Brock.
The certified vote sent to the Secretary of State's Office showed Brock won by two votes.
Blackmon's team called witness Michael Harris, who was seen on video telling a private investigator he fills out ballots for his mother and sister and then gives them to a woman named Brenda North. When he took the stand, he denied that and said that in 2022, he filled out his own ballot and that his wife mailed in his ballot, her own ballot, his sister's ballot and his mother's ballot. He said North had helped the family vote for years at their request.
After the video was played in court, Harris said he didn't know he was being recorded. He accused the investigator, Curtis Gissendaner, of harassing him.
Michael Harris' wife, Elizabeth Harris, testified that Gissendaner is known to the family and has always been friendly. She said North helps with absentee ballots every election because she is unable to get to the polls due to chronic illness. She said she asks North for an absentee ballot, which comes in the mail. Elizabeth Harris said she filled out her ballot herself.
Patricia Williams, who had a ballot submitted for Brock, said another woman named Jennifer Grace came to her house and got her absentee ballot from her. She said she never signed an affidavit for the ballot and never voted.
"I know one thing: I didn't vote for that man," Williams said on the stand.
Williams said she does not personally know Grace.
Gissendaner's brother, Keith, testified that he spoke to Michael Harris, who told him Fleming and Brock called him and told him not to come to court. Brock was visibly shocked by the testimony and shook his head "no" as Keith Gissendaner continued to testify. On the stand, Fleming said the allegation was "absolutely not true."
Blackmon's team asked for a live, unofficial recount of the Sand Cut precinct ballots during the trial. A representative from the ES&S election company stood in court and put the ballots in the machine.
Brock's team requested a full recount instead of the precinct recount. The judge ruled the demonstration could go forward.
The precinct recount in court showed 198 ballots from the Sand Cut precinct, differing from the Nov. 18, 2022 recount, showing 197 ballots from that precinct. It was announced that the extra vote was for Blackmon.
Blackmon's attorney, Bryan Taylor, said one of the ballots was smaller for a visually impaired voter. He believes that the ballot was missed during the official recount.
Brock's attorney, Jeff Brock, believes the ballot was counted elsewhere.
Both parties were ordered to prepare a brief on their desired outcome, which is due in seven days.
The judge could order a second official recount or decide the winner based on the evidence and testimony heard in the trial.
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