Magnolia Springs, Holk named in case filing

By Allison Woodham / allison@gulfcoastmedia.com
Posted 9/19/16

On Sept. 15, the Magnolia Springs Town Council gathered for an emergency council meeting to approve the town attorney, Brad Hicks, to file the appropriate responsive pleadings and discovery in the …

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Magnolia Springs, Holk named in case filing

Posted

On Sept. 15, the Magnolia Springs Town Council gathered for an emergency council meeting to approve the town attorney, Brad Hicks, to file the appropriate responsive pleadings and discovery in the pending election contest brought on by Jim Gaines (Bob Holk abstained; Mayor Ken Underwood was absent). The town, as well as Bob Holk, has been named in the contest, filed Sept. 6, with the circuit court of Baldwin County.

This past municipal election for mayor was one for the books, with a difference of one vote between Holk, 135, and Gaines, 134. This number included absentee ballots, and there were no provisional ballots. In the contest, it states 250 votes were cast in person and 19 votes were cast by absentee ballot. It also states 129 votes were cast in person for Gaines, 121 votes cast in person for Holk. Five absentee ballots were in favor of Gaines and 14 in favor of Holk. One absentee ballot was reported as never received. The results were canvassed on Aug. 30, and a recount was performed on Sept. 2, at Gaines’ request.

Gaines’ filing states, “Despite the fact Jim Gaines asked only for a simple hand recount of the 270 votes cast under the supervision of a ‘trained and certified poll official’ as provided for by Section11-46-55.1(a) the town council voted to incur expenses of $2,825 (which included a fee of $1,500 for the attendance at the recount of a representative of the voting machine company) and then required Jim Gaines to post this amount in cash as a condition of the recount.

“The motion to require the cash deposit was made by council member Jim May who was an avid supporter of Bob Holk during the election and was seconded by Donna Esslinger who, during her campaign for election to the town council, had distributed a campaign letter in which she also endorsed the candidacy of Bob Holk. The motion to require the cash deposit was passed 3-2 with council members Jim May, Donna Esslinger and Dotty Johnson voting for, and Mayor Ken Underwood and council member Ben Dykema voting against the motion and Bob Holk abstaining.”

The recount produced the same results as the original vote; the votes were run through the same machine used Aug. 23. Absentee ballots were counted, but the contest states allegedly “Jim Gaines was not given the opportunity to examine all ballots to determine compliance with the absentee voting laws.”

The contest also alleges illegal votes in favor of Bob Holk in sufficient numbers to alter the outcome of the election were improperly counted; allegedly 12 persons on the official list of voters used in the election are no longer residents of Magnolia Springs and at least one of these persons voted illegally in the election. Allegedly, legal votes in favor of Jim Gaines sufficient to alter the outcome of the election were improperly rejected.

Gaines’ filing states because of these alleged actions, Holk was incorrectly declared the winner.

In regards to the absentee ballots, the filing states, “The town of Magnolia Springs did not follow its own ordinance in the conduct of the casting and counting of absentee ballots. Ordinance 2008-02, Town of Magnolia Springs, adopted on Jan. 22, 2008, and which provided that the ordinance would ‘remain in effect until repealed,’ requires the appointment of three election officials in addition to ‘all other election officials … appointed’ for the purpose of ‘receiving, counting and returning the absentee ballots cast in the election.’ Because the town did not follow its own ordinance for receiving counting and returning ballots, all absentee ballots should be disregarded in determining the winner of the mayor’s race and Jim Gaines would then have received 129 votes and Bob Holk would have received 121 votes.”

Ordinance 2008-02 in its entirety states, “1. At the time all other election officials are appointed pursuant to law, the town council shall be appointed three additional election officials who shall meet on the day of the election at the place and hour as provided for all election officials for the purpose of receiving, counting and returning the absentee ballots cast in the election. 2. The absentee election officials appointed pursuant to this ordinance shall be in addition to other election officials required by law and shall be appointed in the same manner as other election officials. 3. When the absentee election officials are appointed pursuant to this ordinance, one of them shall be designated by the town council as the inspector. 4. This ordinance shall remain in effect until repeals by a subsequent ordinance adopted at least six months prior to an election. 5. This ordinance is adopted pursuant to Section 11-46-27 of the Alabama Code of 1975 and shall be effective in all elections, both general and special, for the aforesaid officials from and after the date of adoption.”

One of the last items in the document alleges that Karen Biel, town clerk, took actions which favored Holk. Allegedly, these actions in addition to tainting the election, resulted in votes being cast for Holk that would not otherwise have been cast and prevented votes for Gaines from being cast in his favor.

Editor’s note: This case is ongoing and any updates will be posted to this story on our website, GulfCoastNewsToday.com.