Horwitz, Kirby in court today over illegal voting allegations in - Alabamas13.com WVTM-TV Birmingham, AL

Horwitz, Kirby in court today over illegal voting allegations in Tuscaloosa School Board race

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Two Tuscaloosa School Board candidates were in court this morning to argue what, exactly, would make a voter ineligible to vote in a particular election.

Tuscaloosa School Board District Four incumbent Kelly Horwitz lost the election to newcomer Cason Kirby by 87 votes.

Horwitz has contested the election claiming more than 87 votes were cast by those who didn't meet the voter requirement. Allegations also surfaced that college students had been offered free drinks in exchange for votes for Kirby.

By law, Kelly Horwitz's team must prove enough illegal votes were counted that would change the outcome of the election.

Horwitz's attorney presented a list of nearly 400 people they believe may have voted illegally.


But Cason Kirby's attorney isn't convinced.

"We still don't know any specific voters they're claiming are illegal. They haven't identified any. They gave us a list of 400 names, but they're not claiming that many, but they wont tell us which ones and we don't know, and they didn't present evidence of any today," Kirby's attorney Andy Campbell said.

According to Judge James Roberts, the purpose of the hearing was to determine whose votes are considered illegal and why.

Horwitz's attorney says many of the names on the list he submitted didn't live in the district 30 days prior to election.

But he also believes voter intimidation by sororities and fraternities, urging their members to change their voter registration, in order to vote in the election, makes those students' votes illegal too.

"Let me make it real clear, there is nothing wrong with somebody saying we want you to support this candidate. But it's when you're manipulating and making things and intimidating people that makes it an illegal activity," Horwitz's attorney James Anderson said.

Both sides touched briefly on allegations of bribing students to vote by offering them free drinks or concert tickets. Kirby's attorney says, according to state law, the offers weren't bribes, and the offers weren't accepted.

Pending the judges ruling on this hearing, the trial is set for Oct. 31. Judge Roberts does not have a specific timeline to rule on today's hearing. But in court, he did say he would rule as soon as possible.



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