Even though the results are in for Tuesday’s runoff election, the race may not be over as third place finisher in the May primary, Kimberly Butler of Lauderdale County, has vowed to continue to fight for a chance to be on the ballot.
Ben Harrison came out on top Tuesday in the District 2 Alabama House Republican race, defeating Jason Black.
Following the May 24, 2022, Republican Primary for Alabama House District 2, a contest was filed by Ralph D. Long and Walter L. Patterson Jr. on grounds of “malconduct, fraud and/or corruption.”
But that contest has since been dropped.
In the early afternoon of the runoff, June 21, 2022, both Long and Patterson withdrew their contest of the District 2 primary election. Ben Harrison confirmed to The News Courier.
“Both contestants, Walter L. Patterson, and Ralph D. Long, voluntarily withdrew their contest to the May 24, 2022 Republican Primary Election for Alabama House District 2 on June 21, 2022,” Harrison said. “As to the reasons why, you would have to contact them.”
Butler made it clear that a new contest would be submitted.
“Yes, this contest was dropped with the understanding a new contest will be filed for the results of the runoff. It was a technicality that the results of a race cannot be challenged until there is a nominee. As there was no nominee following the May 24th election, no challenge could be filed. Once there is a nominee from the election on June 21, a new challenge will be filed based on the legal issues in the first election. Regarding this Saturday (June 25), I have not heard for certain if we will continue with the trial on that day. I don’t see how it will be possible, but I hope we can get it done,” she said.
Chairman of the Alabama GOP John Wahl said, “The challenges were withdrawn for House District 2 midday on Tuesday apparently at the request of Kimberly Butler’s attorney. From what I understand, she will be filing a contest herself after the certification of the runoff results. I don’t know the details.”
Wahl confirmed that there will be no hearing on the District 2 race Saturday June 25, as previously expected. In a runoff election, there is a two week period before the results must be certified. If Kimberly Butler does choose to contest the race, the same process will be followed as the other races around the state that have been contested.
“We don’t, at this point, know if anyone else is contesting or if there will be multiple at that time. Once we know what everybody does, the day after, we will have a better picture,” Wahl said.
Those who originally filed the contest were supporters of Harrison and Butler.
Ralph D. Long is a resident of Lauderdale County and the Chairman of the Alabama Freedom Political Action Committee. The Alabama Freedom PAC has donated a total of $29,000 to Ben Harrison’s campaign, with Long personally donating an additional $5,000 according to donations reported by Harrison’s campaign to the State of Alabama. The News Courier reached out to the Alabama Freedom PAC for comment from Long when the contest was filed.
“I originally got involved in the election contests because I was concerned about several of the Lauderdale County elections (including those of the Alabama and Lauderdale Republican Executive Committees) that may have been affected by misconduct and/or negligent issuance of ballots by the polling officials at several polling locations. I took part in a joint contest with Mr. Patterson because he was concerned about the same issues in the House District 2 race. When I learned that Alabama Republican Party was dismissing all but one of our contests because of legal filing requirements, I agreed, out of respect for my friend, Mr. Patterson, that I would join with him in the 2nd House District contest,” Long said.
“When it comes to election integrity, many in our country are concerned about the accuracy of vote totals, and while I understand that filing requirements have a purpose, I am very disappointed that all my original contests will not be heard. I believe each questionable race should be looked into,” he said.
Walter L. Patterson Jr., is the father of Kimberly Butler, he made no financial contributions to her campaign based on records from the State of Alabama. The News Courier reached out to Patterson through Butler but has not received a comment directly from him.
The News Courier reached out to Butler for comment about the contest before the runoff as well. She said she could not say much at first because of the ongoing challenge but did eventually send a statement on Monday before the election.
On June 20, 2022, Butler said in an email to The News Courier stating, “After the redistricting, a large number of people in Lauderdale county were coded as living in House District 1, when by the map (which is the legal document), they live in house district 2. These voters were given a ballot to vote for a representative who will NOT be their representative.
“All of those voters are in precincts where I won convincingly. My team has the proof of this from the Secretary of States’ office. My team has contacted each voter to ask them to sign an affidavit, allowing them to have the opportunity to vote. With the votes as they legally should have been done, I have well more than I need to make the runoff.
“On Saturday (June 25), I have a trial. ALGOP has agreed that if I win my case, which I should, they will not certify the results from the runoff and they will pay for another runoff for House District 2 between me and Ben.
“Today I am working on an emergency ruling to allow the voters who were denied their right to vote properly on May 24, to be able to vote in the runoff tomorrow. Because if my I lose my case, I want all the voters in my district to, at least, have the opportunity to choose between Jason (Black) and Ben (Harrison). That seems only fair to me.”
Monday evening, The News Courier received a press release from the attorneys representing Butler –– Bachus Brom & Taylor LLC stating,
“Lauderdale County Republicans who voted in (the) wrong district in primary election can still vote in House District 2 run-off upon request
“Thanks to several voters who raised awareness of a glitch in the voter registration database, Lauderdale County Republicans living in House District 2 who didn’t get to vote for their next representative in May’s primary election will now have an opportunity to vote in tomorrow’s run-off election between Jason Black and Ben Harrison.
More than 70 registered voters in Lauderdale County voted in the wrong district in May because the voter registration system incorrectly assigned them to House District 1. Voters who live on the following streets were affected:
Florence: Bentbrook Drive, Johnson Drive, Oakbrook Drive, Shadybrook Drive
Lexington: County Road 159
“These voters actually live in House District 2, according to the official maps of the Permanent Legislative Committee on Reapportionment,” said Bryan Taylor, an attorney and former state senator who represents some of the affected voters. ‘The legislature redrew district lines as constitutionally required after the last census. But somehow, the update never made it into the voter registration database.” The glitch is still being investigated, Taylor said.
“Lauderdale County Probate Judge Will Motlow had an idea to correct the problem. Wanting all the voters of House District 2 to be able to participate in the runoff to elect their next representative in Montgomery, he personally delivered the correct ballots to the affected polling places earlier today. But because of time constraints, the affected voters will still need to request a provisional ballot in order to vote in the House District 2 run-off election. ‘Just the voters on these streets who are incorrectly registered in House District 1 should request a provisional ballot for the District 2 race,’ Taylor said.
“Only 14 votes separated the second- and third-place finishers in the May 24 Primary for House of Representatives District 2. As a result, Jason Black advanced to the run-off instead of Kimberly Butler. An election contest is pending before the Republican State Executive Committee to determine whether Butler would have made the run-off if these voters had been registered in the correct district.”
The News Courier will continue to follow this story and update if another contest is filed.
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