Perry County official breaks District 1 tie and names Bennett the winner; Turner argues process not valid

The Perry County Democratic Executive Committee Chairman has broken the tie for the District 1 commission seat and named Donald Bennett the winner.

In a formal report to the Alabama Democratic Executive Committee dated Monday, Perry County Chairman Carlton Hogue said he used his state role under Alabama Code 17-13-21 to cast the tie-breaking vote and gave that vote to challenger Bennett.

The May 19 primary race between Bennett and longtime incumbent Albert Turner Jr. was so tight the state Democratic committee ordered a recount that was held on July 9 and that made the results even tighter at 398 to 398.

Hogue’s vote would put the tally at 399 to 398.

Hogue may say his vote breaks the tie, but incumbent Albert Turner Jr. argues the vote from the local Democratic Party doesn't count and the state Democratic Party has the authority to break the tie. He also argues Hogue had no authority to certify the election because the matter shifted from the county level to the state Democratic Party once a recount was ordered by the state.

Turner said the fact that Hogue took his letter with the results to Montgomery shows “Montgomery is the last resort, not local,” and that the state party must “stamp who’s going to be the certified winner.”

In the certification and tie-breaking letter to the state Democratic Party, Hogue said the Contest Committee for the state Democratic party determined in a June 25 decision that Turner did not file the notice to contest the election results within the required 24-hour time period under state law after the provisional ballots were counted on May 26.

Hogue also notes that despite acknowledging the missed timeframe, the committee still directed a recount be conducted. That was done on July 9 at the Perry County Courthouse and took most of the day into the evening.

After hearing of the local tie-breaking vote, Bennett thanked the community for "your patience, your prayers, and your unwavering support throughout this process" and said he remains "committed to serving District 1 with the same dedication I’ve shown this community for years. The work ahead is what matters." 

"This has been a long road, and I am grateful for a Democratic Executive Committee that followed the law and saw this matter through with integrity," Bennett said.