Jay Hovey wants reconsideration of AL GOP decision in contentious Auburn Senate primary

An Auburn City Councilman who won an Alabama Senate primary by a single vote has asked the Alabama Republican Party to reconsider its decision to declare the race a tie.

The three-page filing on behalf of Jay Hovey on Wednesday cited a statement from the Alabama Law Enforcement Agency on Sunday that they had no record that Patsy Kenney, a Dadeville voter whose provisional ballot tipped the race into a tie between Hovey and incumbent Sen. Tom Whatley, had completed a voter registration process.

"This new evidence from ALEA clearly and conclusively refutes any false and misleading claim that Mrs. Kenney’s request to change her voter registration on April 28, 2022, was mishandled or delayed by ALEA, directly resulting in her name not appearing on the Tallapoosa County Registered Voters List when she appeared to vote on May 24, 2022, primary election day," the filing said.

Hovey said in a message on Wednesday that ALEA "confirms that our position was correct" and that "the vote used to bring this race to a tie was in fact cast by an unregistered voter (and) therefore was an illegal vote."

"My only wish is that my party, the Republican Party, stands by their long-standing pledge to fight for voter and election integrity and reverse their decision to accept an illegal vote," Hovey wrote.

Joel Blankenship, an attorney for Whatley, said in a statement they supported the decision on Saturday.

“We stand by the decision of the Alabama Republican Party," the statement said. "Let’s flip the coin.”

Messages seeking comment were left Wednesday morning with Whatley, the Alabama Republican Party, and Bryan Taylor, an attorney for Kenney.

Kenney said in a statement on Monday that she went to a state trooper office in Opelika on April 28 to apply for an Alabama driver's license and register to vote. Kenney said she gave information to register to vote, but was told by a worker that she could receive a driver's license only after completing a vision test, set for July.

When Kenney attempted to vote in the May 24 primary, she was told she was not on the rolls and had to cast a provisional ballot.

"At no time did she explain to me that she was no longer registering me to vote," Kenney said in the Monday statement. "I did everything I was supposed to do."

The challenge on behalf of Whatley asked for Kenney's ballot to be counted, saying it was wrongfully excluded from the totals. A committee of the party agreed to do so on Saturday, tipping the race into a tie.

More: 'I did everything I was supposed to do': Voter at center of Auburn GOP primary dispute

ALEA said on Saturday that Kenney "did not complete an issuance transaction and was never issued an Alabama Driver License."

"Voter registration information from ALEA’s Driver License Division is only sent after the credential is issued and the customer signs the required voter declaration, which did not occur in this specific incident," the statement said.

Kenney said on Monday she received a voter registration card after the primary and was able to vote in the June 21 runoff.

Though Kenney said her vision test is scheduled for July, Hovey's attorneys argued in their filing that Kenney's driver's license application was incomplete "because she has never, even to this day, submitted the required report of her eye examination by her eye doctor which was necessary for completion of her application because of her dramatic vision deficits." It also argues Kenney "admitted that she did not sign the required voter registration declaration on April 28, 2022."

The declaration of a tie means the winner will be selected by lot. Hovey wrote in an email on Wednesday that he had "heard nothing at all about the scheduling of a coin flip this week" and that his understanding was that scheduling conflicts meant it could not take place until after the Fourth of July holiday weekend.

Senate District 27 consists of Lee, Russell and Tallapoosa counties. Whatley dominated the vote in Russell and Tallapoosa on May 24, but Hovey took about 63% of the vote in fast-growing Lee County. Whatley spent $1.3 million to Hovey's $103,000.

Contact Montgomery Advertiser reporter Brian Lyman at 334-240-0185 or blyman@gannett.com. Updated at 2:18 p.m. with comment from Whatley attorney. 

This article originally appeared on Montgomery Advertiser: Hovey wants reconsideration of GOP decision in Auburn Senate primary