Tom Whatley drops challenge in contested Auburn-area GOP Senate primary

Sen. Tom Whatley of Auburn Friday dropped a challenge to his one-vote defeat in the May 24 Republican primary, after a week of controversy over the state Republican Party's handling of the vote.

Whatley, who was edged out by Auburn City Councilman Jay Hovey in the race, did not concede defeat in a statement, saying he was "the Republican nominee who was voted by Republicans in my district."

"With that said, I now believe that it is in the best interest of my friends, colleagues, family, and the Republican Party, for me to step away from this tied race so that we can move forward and have success in November," the statement said.

The Alabama Republican Party confirmed Whatley's withdrawal in a statement late Friday morning.

"The rulings in these cases took longer than some wanted, but we felt it critical that all sides had a chance to gather information and investigate what happened," the statement said. "The ALGOP Candidate Committee heard arguments from both sides of all cases, considered the information presented to it, and made its rulings based on what was set forth."

Hovey said in a statement he was "honored" to be the nominee.

"This has been a potentially divisive experience," the statement said. "But we have maintained that we would be successful by standing with integrity and running a clean campaign about me and my desire to serve."

Hovey faces Democratic nominee Sherri Reese in the November election.

Whatley, first elected to the Senate in 2010, spent $1.3 million on his re-election campaign, and won decisively in Russell and Tallapoosa counties. But Hovey took about 63% of the vote in fast-growing Lee County, giving him a one-vote lead in an election where nearly 17,000 ballots were cast.

The Whatley camp challenged the results based on testimony from Patsy Kenney, a Dadeville voter who supported Whatley and said she was wrongly left off the voter rolls on May 24 and required to cast a provisional ballot. A committee of the Republican Party last Saturday voted to count Kenney's ballot, making the race a tie.

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

More: Alabama Republican Party will reconsider challenge in contentious Auburn Senate primary

But on Sunday, the Alabama Law Enforcement Agency said it had no record of Kenney completing a driver's license application or completing the vote registration process.

"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 and her attorney, former state Sen. Bryan Taylor, said completing a driver's license application is not a prerequisite to voting, and that Kenney was never told during an April 28 visit to register to vote that the process had stopped.

Taylor said in a statement Thursday night that Kenney was considering a federal lawsuit to ensure the counting of her vote.

"Ms. Kenney has never disputed that ALEA's automated system only transmits voter

registration packets after a driver’s license is issued," the statement said. "But that is not the law, and everyone knows it. A driver’s license is not a prerequisite to registering to vote; after all, that’s precisely why the Secretary of State issues non-driver voter IDs."

Taylor said Friday that Kenney was "evaluating her options."

"Patsy Kenney has said all along that for her, this was about her right to vote and to have her vote count, not about any one particular candidate," he wrote in a message.

But the Hovey campaign moved to reconsider the decision, based on the ALEA statement. The party announced on Wednesday night that it would do so.

The decision comes after a primary season where voters in Etowah County and in northwest Alabama reported getting the wrong ballots after voter information was not updated following redistricting. The confusion affected two House districts in Etowah County, but the Alabama Republican Party rejected challenges to the results there without comment last Saturday.

More: Alabama GOP rejects primary challenges in two Etowah County House districts

The party said Friday that the election "revealed several areas of serious concern in the election process."

"These issues led to problems that hurt the Alabama Republican Party, our candidates, and our voters," the statement said. "We plan to work with lawmakers, the Secretary of State, Probate Judges, Boards of Registrars, and ALEA to find solutions to these problems, and to make sure they don’t happen again. The ALGOP believes Alabama and our voters deserve better."

Contact Montgomery Advertiser reporter Brian Lyman at 334-240-0185 or blyman@gannett.com.

This article originally appeared on Montgomery Advertiser: Tom Whatley drops challenge in contested Auburn-area GOP Senate primary