Tim Johnson, the losing candidate in the Oct. 6 Elba mayoral runoff election, has filed a motion to stay the results.
Johnson filed a motion last Monday afternoon in the Elba division of the Coffee County Courthouse, records show.
Johnson submitted the motion on the grounds of “multiple criminal acts, including, but not limited to, the following: bribery, conspiracy, trading in public office, and interfering with the free election franchise,” the motion reads.
Evidence requesting the stay was provided to the Alabama Attorney General on Sept. 28, the Alabama Ethics Commission on Oct. 7 and the Alabama Secretary of State also on Oct. 7 prior to the canvassing of the votes at Monday’s council meeting.
Johnson was clear that he was not suing the City of Elba and pointed out that the first piece of evidence was submitted prior to the runoff election.
“I have not sued the City of Elba, and I am not questioning the election. This is not about Tim Johnson being the Mayor of Elba,” he said.
“This is totally about the electoral process. The motion was trying to stay their action so the investigating authorities would have more time to investigate. It’s simply a motion for action by the court.”
Although the motion was filed with the court system prior to the 5:30 p.m. meeting time, the results were canvassed and certified with Tom Maddox declared as the Mayor of Elba.
The City of Elba released a public statement that reads as follows:
“The City of Elba is committed to free and fair elections where its citizens can exercise their American right to vote. The City believes its role in the process to ensure a valid election was in accordance with Alabama law. With that, and in accordance with Section 11-46-46 of the Alabama Code, the election results for the October 6th run-off were canvassed and certified at the regularly scheduled council meeting of the Elba City Council on October 12, 2020. Based upon legal advice, the City will not make any further comments at this time on matters that may be pending in court regarding this election."
Neither Johnson nor city officials provided further comment.
Johnson and Maddox advanced to the runoff after the municipal election on Aug. 25. In an extremely close race, Johnson was reported to have earned 278 votes to Maddox’s 283 and Chelsea Cooper’s 142. In the runoff, Maddox won out with 320 votes to Johnson’s 295.
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