Tuscaloosa City School District, Cason Kirby voter fraud charges (2013–2016)

• "The Machine"
• Circuit court dismisses
• Alabama Supreme Court overrules
• Voters subpoenaed
• Judge dismisses case

On Election Day 2013, an influx of University of Alabama students at the Tuscaloosa City Schools District 4 polls raised concerns about attempts to attract votes through indirect incentives, including free drinks and limo rides to voting locations. Additional complaints in District 4 centered on a single address where 10 voters had registered but none resided. These allegations, along with Cason Kirby's narrow margin of victory (416-329), led defeated incumbent Kelly Horwitz to file a lawsuit. In her suit, Horwitz stated:

“	Cason Kirby was declared the winner of the August 27, 2013 election for School Board District 4 of the city of Tuscaloosa, Alabama due to offers to bribe, bribery, intimidation or other misconduct calculated to prevent a fair, free and full exercise of the elective franchise.	”
—Kelly Horwitz (2013)

"The Machine"

Cason Kirby

Kelly Horwitz

News accounts tied this alleged fraud to "the Machine," a secret society of mainly white students from fraternities and sororities at the University of Alabama. The group has reportedly influenced local, state and national politics.

Incoming board chair Lee Garrison, who received significant student support during his successful 1997 campaign for the Tuscaloosa City Council, denounced these criticisms as "the height of hypocrisy" and insisted that there was no difference between a candidate receiving get-out-the-vote assistance from a collegiate Greek system or from a teachers' union.

Case dismissed in circuit court

Kelly Horwitz file a lawsuit against Cason Kirby in Tuscaloosa County Circuit Court on September 6, 2013. On November 14, 2013, Judge Jim Roberts dismissed the case and cited limited evidence of tampering or illegal submission of 200 ballots. Roberts noted that there was only evidence of tampering or illegal submission for 70 ballots, an insufficient number to overturn the results.

Alabama Supreme Court overrules

Horwitz appealed that dismissal, claiming that most of her opponents' invalid votes were cast by students, members of fraternities and sororities who did not meet residency requirements or were illegal based on "bribery or misconduct, and ineligibility." On September 30, 2015, the Alabama Supreme Court reversed the lower court's dismissal, ruling that 159 of the ballots cast in the 2013 election should have been thrown out. In a 7-2 ruling, the state supreme court rejected allegations of bribery but remanded the case for another hearing. Horwitz responded to the court's decision, saying:

“	I am gratified by the decision of the Alabama Supreme Court. Elections are a solemn and serious matter. The voters of District 4 wanted and deserved their own choice for School Board representative, in a process un-marred by irregularities. By returning this case to the trial court to address those votes that were illegally cast by non-residents, the Supreme Court has rightly returned this choice where it belongs: to the residents of District 4--parents, students, and others--who cast legal votes on election day. It is not the person, but a fair process, that matters.	”
—Kelly Horwitz (September 2015)

Judge dismisses case

The case was brought to a close when Judge Jim Roberts dismissed it on September 27, 2016. To prevail in the circuit court, Horwitz’s attorneys had to subpoena the 159 people who cast allegedly illegal ballots and find out how they voted. At least 87 votes had to be invalidated to overturn the election results. However, only 40 former and current University of Alabama students took to the witness stand on September 27, 2016. According to ABC3340, "Some students had attorneys and plead the fifth, while others admitted to voting for Kirby after being told to by sorority leaders." Horwitz's team said the students had not been cooperating with the subpoena. At the end of the hearing, Roberts said that Horwitz's team would not be able to prove the voter fraud charges with the number of students who testified in court.

The hearing was held a few months before the end of Kirby's contested school board term. Horwitz said that the case was not about winning her seat back.

“	This trial matters for good government in Tuscaloosa," she said. "Elections should be fairly run and candidates chosen by those legally resident voters who have the greatest stake in matters such as the future of our city schools.	”
—Kelly Horwitz (2016)

Kirby responded to her statement, saying,

“	I believe that all citizens have a right to participate in the democratic process, I'm disappointed that Ms. Horwitz says only certain people -- the 'people with the greatest stakes' -- should be able to vote. I fundamentally disagree with this position, but it's one she's taken since the moment she learned of her loss in 2013.	”
—Cason Kirby (2016)

See also

• Tuscaloosa City Schools elections (2013)
• Tuscaloosa City Schools, Alabama
• Alabama Supreme Court

External links

Suggest a link

• Tuscaloosa City School District website
• Alabama State Department of Education website
• City of Tuscaloosa website