Second Lawsuit Seeks to Halt Prichard’s Runoff Elections Over Provisional Ballots

A second legal challenge to Prichard’s municipal elections has been filed in Mobile County Circuit Court, seeking to stop the city from holding its September 23 runoff elections.

Lorenzo Martin, who finished third in the mayoral race behind frontrunner Carletta Davis and just three votes behind incumbent Mayor Jimmie Gardner, is asking the court to declare the runoff void until City Clerk Jacqueline Niles and the Board of Registrars agree on a process to include all provisional ballots submitted in the election.

13 Ballots at the Center of the Fight

The dispute turns on 13 provisional ballots that the Board of Registrars discounted because they were delivered more than 24 hours past the legally required deadline. Martin argues the ballots must be counted before the election can move forward.

By court order, Martin’s case has been consolidated with a suit filed Friday by Prichard councilmember Stephani Norwood-Johnson. Like her case, Martin’s comes with strings attached: he has until 5 p.m. Tuesday to post a $10,000 bond covering the costs of the election contest.

The outcome could determine whether Gardner remains in office or whether the narrow three-vote margin separating him from Martin forces a recount — or a place on the runoff ballot.

How Provisional Ballots Work

A provisional ballot is cast when a voter’s eligibility cannot be confirmed at the polling place. Rather than being counted on election night, the ballot is set aside so the Board of Registrars can review whether the voter was eligible, and it is added to the official tally only if the registrars verify that eligibility.

Challenges to municipal election results in Alabama are heard in circuit court, and the person bringing the contest is required to post security for the costs of the proceeding, which is why the court set a bond deadline for Martin.