Horwitz to contest Tuscaloosa School Board District 4 election r - WVTM-TV: News, Weather, and Sports for Birmingham, AL

Horwitz to contest Tuscaloosa School Board District 4 election results

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Boxes of provisional ballots from the Tuscaloosa city council and school board elections are waiting to be canvassed today. Boxes of provisional ballots from the Tuscaloosa city council and school board elections are waiting to be canvassed today.
TUSCALOOSA, AL -

A week after the Tuscaloosa municipal elections one candidate's attorney said they will contest the results.   

After provisional ballots were counted and all votes were certified, the attorney for school board district four incumbent Kelly Horwitz said they will file an election contest form. 

Boxes from each district of provisional ballots were read out loud in Tuscaloosa City Council chambers. 

The final tally leaves Tuscaloosa school board district four incumbent Kelly Horwitz trailing Cason Kirby by 87 votes. 

Horwitz's attorney, James Anderson said they will contest the election because they believe more than 87 people that voted didn't meet the voter registration requirement of living in the district for 30 days prior to the election. 

Anderson added, "You could register to vote 10 days prior to the election. And there were over 200 people that registered to vote within a month or so prior to the election." 

By law there must be enough illegal votes to change the outcome of the election for a candidate to contest the race.

School board chair candidate Denise Hills trails Lee Garrison by 222 votes. She is still deciding whether she will contest the results.

"I know that the burden of proof is on the challenger to do that. So we just need to see if there is enough evidence or any evidence for us to make a case," Hills added.

Of the provisional ballots counted in district four all who vote for Garrison also voted for Kirby.    

Despite allegations that free drinks were offered for votes, the city council unanimously certified the results anyway.

An election contest form must be filed within 5 days from Tuesday in Circuit Court.

Horwitz's attorney said they believe they have enough to contest the election without contesting the allegations of free drinks offered for votes of Horwitz's opponent Cason Kirby. 

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