The affirmation “I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth” may soon be repeated in court by a hundred or so students who cast ballots in the School Board election in District 4. Cason Kirby supporters standing outside of the Calvary Baptist Church Annex on election day never dreamed that some of them might be standing in line at a courthouse.
A statement on a legal challenge of the election for the District 4 seat on the City Board of Education released by Kelly Horwitz on September 6 said:
“My complaint alleges that a large number of votes cast in District Four were cast by individuals who are ineligible to vote in that district. Perhaps inadvertently in many instances, and deliberately in other cases, individuals voted in the district despite the fact that they had not resided in the district for the legally required length of time, or registered at addresses which they did not live. I believe that these votes were wrongly cast, wrongly constituted a margin of victory for my opponent, and wrongly disenfranchised the legitimate voters of District Four, including both students and longtime residents of Tuscaloosa’s downtown neighborhoods. I also believe that many votes violated Alabama election law because they were cast in exchange for the promise of alcohol or other things of value, and are subject to disqualification.
“This is a simple election challenge. The court will examine individual votes and voters to ensure that they voted in accordance with the law and will disqualify them if they did not. Other individuals have raised broader concerns about this election and some of the conduct that took place. It seems likely that no matter what happens with this legal challenge, those concerns will continue to be voiced in other forums. But my concern is a simple, legal one: that elections be free and fair, and that all votes counted be lawfully cast votes. We will follow the evidence wherever it leads.”