DECATUR, Ala. (WHNT) — A Morgan County Circuit Judge dismissed a two-count lawsuit filed by Decatur citizens regarding municipal election results, specifically the race for mayor.
Decatur Municipal election results were canvassed and certified on September 2.
Maurice Ayers, on behalf of the people of Decatur, filed a complaint on Sept. 4, stating that several municipal election ballots were compromised because they did not contain all the Mayoral candidates’ names.
Circuit Judge Stephen Brown dismissed both counts in the lawsuit on Friday, issuing a two-page order.
In the complaint, the Decatur City clerk, a probate judge, a circuit clerk, the Morgan County Board of Registrars and the Morgan County Sheriff were all named as defendants. The plaintiffs asked a judge to issue a temporary injunction halting the City from swearing in the declared winner, preserving all election materials for a possible recount and asking that a hearing be scheduled on the claims listed.
In his order, Brown stated that the plaintiffs did not name the winner of the mayoral race as a defendant, which an election contest complaint must contain under state law, and also did not verify facts written in the complaint with the affidavits that were filed.
Brown said it failed to meet the requirements to show these issues would have altered the outcome of the election.The judge says the plaintiffs also failed to serve a city employee within 48 hours of it being certified.
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