Eligibility questioned for Pell City elections

Published 6:13 am Thursday, July 26, 2012

 

At Monday’s meeting, City Councilman Donnie Guinn said he had gotten around 50 residents asking if certain candidates live in the city.
While not naming who the people were referring to, he said there were two candidates people asked about. Councilwoman Dot Wood and Councilman Donnie Todd added there was a third that they had each been asked about.
Councilman Guinn asked the city’s attorney, John Rea, what actions the council could take on the issue.
Rea informed council members it is the city’s duty to administer the election and it would be a court’s duty to take up the matter if a voter wanted to contend the eligibility of a candidate. He said a qualified elector—or voter—would have five days to contend the eligibility of a candidate.
“My whole point is that everybody’s got to play by the same rules. I don’t want situations like what we’ve had in Birmingham or anything,” Guinn said. 
Todd added that after speaking with residents, “I’m fully convinced that there are three candidates who’ve qualified who do not live within our city limits… It’s not a matter for the council, it’s an elector issue, I can sit here tonight and tell you that if anyone of these three people win, I know who’ll file a challenge. You’re looking at him. I will.”
Rea told the council that he is unsure if a court would hear a challenge before an election.
He added that if the council were to take action, the move would be unprecedented for the city.
Guinn asked if there was anything the city could do to stop what he called loopholes in the process.
Rea countered that it was no different than when a deed is taken at the courthouse, a form is given and it’s accepted as part of a ministerial duty by the probate court.