State Democratic Executive Committee holds hearing for Turner's one-vote loss in Perry County primary

Perry County Commissioner Albert Turner Jr. took his one vote loss in the District 1 Democratic primary to Montgomery on June 15, arguing before the State Democratic Executive Committee that the race was either tied or should be overturned because of what he called voting irregularities. 

“What we are here to find out is what was the will of the people,” Turner told the committee, and he insisted that “illegal votes were counted” while “legal votes were rejected.”

The hearing centered on two questions. First, whether Turner filed his contest within the 24-hour deadline required under Alabama law. Second, whether the affidavits and exhibits he submitted showed enough irregularities to change the outcome of the race.

The committee did not issue an immediate ruling, but listened to presentations given by Turner’s attorney Fred Bell, who argued that the race was not decided by one vote but was tied when all precinct numbers were added correctly. Bell pointed to affidavits submitted as exhibits with claims from residents of election irregularities, including voters being given the wrong district ballots. 

The committee also heard from attorneys for the Perry County Democratic Executive Committee who said none of Turner’s issues could be considered because he did not file his contest on time. Committee attorney Sheri McCurdy said the only document given within the 24-hour window was a letter addressed to the probate judge, not to the Democratic Party, which is the legally required filing location. McCurdy also claimed the letter had been altered later to include the Democratic Executive Committee alongside the Probate Judge.

Another issue raised by McCurdy was the insufficient funds in Turner’s campaign finance account to cover the $5,000 deposit given for the recount.

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Donald Bennett Sr., the certified winner, addressed the committee briefly, saying “the people of Perry County Commission District 1 made their voices heard by electing me.” 

“I am ready to serve the people of Perry County,” he said.

State Democratic Executive Committee Chairman Ben Harris questioned both sides about the documents and deadlines. He noted that the only filing received within the 24-hour period was the one-page letter requesting a recount, not a contest. Turner’s attorney acknowledged that the formal notice of contest was not delivered until May 29.

McCurdy closed by saying, “Failing to meet a deadline alone requires a dismissal.” She urged the committee to “follow the law” and uphold Bennett’s certification.

Bell countered that the committee should look past procedure and examine the votes themselves. “This is equity,” he said. “You do what is supposed to be done.”