Alabama Democratic Party committee overturns Perry County District 1 result naming Turner winner

The Alabama Democratic Executive Committee has overturned the Perry County Commission District 1 seat in a hearing Friday, putting incumbent Albert Turner Jr. in as the winner instead of challenger Donald Bennett.

During the meeting in Montgomery, the committee voted 5-0 to accept a ballot cast for Turner that was previously discarded by the Perry County Democratic Party as invalid. The committee said the intent of that voter was to vote for Turner and no evidence was presented to the contrary.

With that, the committee instructed Perry County Democratic Party Chairman Carlton Hogue to amend his certification for Bennett to say Turner is the nominee for the Democratic party who will run for that seat in November’s general election.

The committee said the result was effective immediately and must be verified by noon Monday.

Bennett had appealed the hearing being held on Friday, saying he was given less than 48 hours’ notice of the hearing and that bylaws require five days. He also argued in a letter to the Democratic Party that the committee previously ruled that Turner missed the deadline to contest the primary election results. 

Bennett's letter also says there is a Montgomery County Circuit Court case involving this election with a hearing set for Sept. 10. It argues the Democratic Party should maintain the status quo until the court rules rather than taking additional action that could interfere with the judicial process.

After the hearing Friday, Turner told the Black Belt News Network that "democracy lived another day in Perry County," and added he was pleased the committee looked at the ballot that had a discrepancy.

"We're elated that the Democratic Party listened to the evidence without any bias and running a fair decision that we all can live with," Turner said.

In June, the state Democratic Party held a hearing about the close race and determined Turner did not file the notice to contest the primary election results within the required 24-hour time period under state law after the provisional ballots were counted on May 26. However, the state Democratic committee ordered a recount that was held on July 9 and that made the results even tighter at 398 to 398.

In July, Hogue cast a tie-breaking vote and gave that vote to challenger Bennett.