Former Elba mayoral candidate Tim Johnson files suit to stay election results canvassing

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Update:

The city of Elba has issued a formal statement:

“The City of Elba 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. With that, and in accordance with Section 11-46-46 of the Alabama Code, the election results for the October 6th run-off were canvassed and certified at the regularly scheduled council meeting of the Elba City Council on October 12th, 2020. Based upon legal advise the City will not make any further comments at this time on matters that may be pending in court regarding this election. “

Update:

Elba City Clerk Sally Bane has confirmed to WDHN that the votes were canvassed during the City Council meeting on October 12.

Original Story:

ELBA, Ala. (WDHN) — Tim Johnson, the former Elba mayoral candidate, filed a suit to stay election results canvassing and also requested a motion to delay the certification of the mayoral race results.

Court records show Johnson suggesting the city performed “multiple criminal acts, including, but not limited to the following: bribery, conspiracy, trading in public office, and interfering with the free election franchise.”

The motion was filed on Oct. 12, the same day the election results were scheduled to be certified.

WDHN is currently working to learn whether the results were certified that evening. The Elba Clipper has reported the votes were certified, and Maddox was declared the next mayor of Elba.

Johnson ran against candidates Tom Maddox and Chelsea Cooper. In the original election on Aug. 25, Maddox and Johnson beat Cooper, which led to a runoff election. During the Oct. 6 runoff election, Maddox beat Johnson by 44 votes.

Johnson, a local real estate agent, campaigned with promises of bringing increased business and revenue to Elba.

Author’s Note: A previous version of this story stated Tim Johnson was suing the city of Elba. The story has been edited to clarify that he is filing a motion.

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