The Elba City Council canvassed and certified the Oct. 6th Municipal Runoff Election results during its 5:30 p.m. meeting Monday, Oct. 12th. The municipal runoff election in Elba was for the office of mayor in which the candidates were Tom Maddox and Tim Johnson. Maddox was declared the winner by certification of the votes. A little over 2 ½ prior [2:53 p.m.] to last Monday’s council meeting a Motion to Stay the Certification of Election Results on the Elba Mayoral Candidacy was filed electronically with the Circuit Court of Coffee County, Alabama [Amy L. Reeves, Clerk]. The motion was filed by attorney Michael Jackson on behalf of Timothy Johnson. According to the motion, it was filed because “evidence requesting this stay has been provided to three separate state offices, Alabama Attorney General [Sept. 28, 2020], Alabama Ethics Commission [Oct. 7, 2020], and the Alabama Secretary of State [Oct. 7, 2020].” The motion further stated, “due to the nature of the evidence, we believe it to be exculpatory as it consists of multiple criminal acts, including, but not limited to, the following: bribery, conspiracy, trading in public offices, and interfering with the free election franchise.” The motion noted “time is of the essence” for its filing due to the certification of election results being scheduled for the council meeting that night [Oct. 12th]. The motion also stated the purpose of its filing was to stay the certification of election results until the initial review of the evidence could be done by the state offices. In accordance with Section 11-46-46 of the Alabama Code, Elba City Clerk Sally Bane said the election results for the Oct. 6th Runoff Election were canvassed and certified at the regularly scheduled council meeting of the Elba City Council on Oct. 12, 2020. On Thursday afternoon, Oct. 15, a Dothan, Alabama television news source initially reported that Johnson had sued the City of Elba in filing the motion to stay the certification of election results. Johnson quickly addressed that story [Thursday evening] on the “Tim Johnson for Mayor of Elba, Alabama” Facebook page. “I have asked for this story to be corrected,” Johnson wrote in the Facebook post. “I have not made any allegations against the City of Elba or its election officials. The motion on Monday was a request to delay the canvassing of votes by the Elba City Council. I have in no way indicated any wrongdoing by our city.” The story was later amended by the news source, as requested by Johnson. Bane said the city is committed to free and fair elections where its citizens can exercise their American right to vote. “The city believes its role in the process to ensure a valid election was in accordance with Alabama law,” she said. “We believe that the election was facilitated in accordance with Section 11 of the Alabama Code, and I think Mr. Johnson confirmed last night [Thursday, Oct. 15] with his Facebook post that his complaint is not with the City of Elba, the election officials, or mechanics in which the election was held.” Bane further stated last Friday morning that based upon legal advice, the city would not make any further comments at this time on matters that could be pending in court regarding the election. There has been no information released from the state office [Alabama Attorney General, Alabama Ethics Commission, and the Alabama Secretary of State] on materials provided to them [as stated in the motion filed last week]. At this time, mayor-elect Tom Maddox is slated to take office on the first Monday in November as Elba’s next mayor.   

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