Bryan Taylor, the attorney for Kimberly Butler, the third-place finisher in last month's State House District 2 Republican primary, formally notified apparent nominee former Limestone County Commissioner Ben Harrison of a challenge to the outcome in Tuesday's Republican primary.
Butler finished 14 votes behind second-place finisher Limestone County Commissioner Jason Black. Black lost to Harrison by 11% in Tuesday's HD2 Republican primary runoff.
However, in a letter obtained by 1819 News, Taylor maintains Tuesday's runoff results are not valid given Harrison's election win came against Black, who Taylor argued was not legally eligible.
"The Code of Alabama provides that in a run-off election, 'no person can be a candidate except the two persons who receive the highest number of votes for the offices for which they were candidates in the first primary election,'" he wrote. "Because this run-off did not involve the proper candidates, it was invalid and ineffective to determine the nominee for HD2. A timely-filed election contest is necessary to allow the State Executive Committee to order a new run-off election between you and Kimberly Butler to lawfully determine the Republican Party's nominee for this office without the risk of protracted litigation."
The disputed outcome is a product of voters allegedly being given ballots and voting in the wrong district elections by Lauderdale County election officials. Voters in House District 2 participated in House District 1's Republican primary between incumbent State Rep. Phillip Pettus (R-Greenhill) and attorney Maurice McCaney. Butler claims eligible HD2 voter-signed affidavits claiming the intention to vote for her would have given her the spot in the runoff against Harrison over Black.
Butler told "Rightside Radio" host Phil Williams earlier this week a judge is expected to hear arguments about the disputed outcome on Saturday.
To connect with the author of this story, or to comment, email jeff.poor@1819News.com.
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