Montgomery judge denies Turner’s injunction in Perry County Commission ballot dispute

Albert Turner Jr. suffered another setback in his attempt to place his name on the ballot to keep his seat on the Perry County Commission.  

Donald Bennett is currently on the ballot for the District 1 seat. The May 19 Democratic primary race ended in a tie, and after a recount in Perry County and ballot dispute decision at the Alabama Democratic Party headquarters in Montgomery, the state Democratic party named Turner the winner.

However, Perry County Democratic Party Chairman and Probate Judge Carlton Hogue named Bennett the winner.

The deadline for both parties to name a candidate was Aug. 26, and at 4:37 p.m. on that day Turner’s attorney filed a request for an injunction that would stop Hogue from submitting Bennett’s name to the Alabama Secretary of State to be placed on the ballot.

Montgomery Circuit Judge Monet Gaines considered the injunction on Aug. 31, and on Sept. 1 she noted that Aug. 26, the day the injunction was filed, was the last day for party nominees to be certified.

“Thus, the statuary deadline for certification has passed,” Gaines ruled. “This court cannot enjoin the performance of an act after the statutory period for performing that act has expired.”

Gaines also found that Turner was “unable to identify whom, if anyone, (Hogue) certified as Democratic nominee for Perry County Commissioner, District 1. In the absence of evidence establishing that defendant has taken an action contrary to the State Democratic Executive Committee’s certification, the Court has no specific action to enjoin.”