Perry County Commission District 1 winner petitions court to stop recount

Perry County Commission District 1 challenger Donald Bennett has filed a petition in Montgomery County to halt the recount of the primary election that is scheduled for July 9.

Bennett says in the petition filed with the Circuit Court of Montgomery County that the Alabama Democratic Party that ordered a recount has no legal authority to make the decision.

The recount is set for 11 a.m. Thursday in the Perry County Courthouse by the Alabama Democratic Party Contest Committee. Bennett says the court must intervene before the recount takes place because the underlying legal dispute over the committee decision has not been resolved.

Bennett was certified the winner of the primary election for the District 1 seat on May 26 after the Perry County Democratic Executive Committee canvassed the returns and announced that he received 398 votes to Turner’s 397.

The petition claims the Alabama Democratic Party Contest Committee determined Turner’s election contest was submitted after the deadline that is set in Alabama Code sections 17-13-70 and 17-13-80, which ruled the contest untimely. Bennett argues that once the committee reached that conclusion, it had no authority to take any further action.

The committee ordered a recount after receiving a May 26 request from Turner for a hand recount. That letter was addressed to Carlton Hogue, Perry County Judge of Probate, who also serves as chairman of the Perry County Democratic Executive Committee. The committee reasoned that the letter was timely because it reached Hogue, even though it did not mention the executive committee or identify Hogue in his role as chairman.

Bennett says that interpretation is contrary to Alabama law. His petition states that the May 26 letter was addressed only to Carlton Hogue, Judge of Probate, at the Perry County Courthouse. It did not name the Perry County Democratic Executive Committee or reference Hogue in his capacity as chairman. The petition argues that delivery of a document addressed solely to the probate judge does not meet the statutory filing requirements for the executive committee.

Bennett contends that once the committee found the contest untimely, it exceeded its lawful authority by ordering a recount and by keeping jurisdiction over the matter.

Another issue raised in the filing concerns the May 26 letter itself. Bennett alleges that the version of the letter presented to the Contest Committee was not the original. According to the petition, the document shown at the hearing included the notation DEC beside Judge Hogue’s name. Bennett says that notation did not appear on the original letter and that a motion to strike the altered document was denied.

Bennett is asking the Circuit Court to take control of the case, cancel the June 25 decision ordering the recount, prohibit the recount scheduled for July 9 and pause all related proceedings until the court issues a final ruling.

In a statement released with the petition, Bennett said the voters had already settled the election on May 19.

Black Belt News Network will update this story when more information is released.