Horwitz v. KirbyAnnotate this Case
Kelly Horwitz and Cason Kirby were both candidates in the August 27, 2013, election for District 4 of the Tuscaloosa Board of Education. Kirby was certified as the winner of the election. The certified vote totals were 416 votes for Kirby and 329 votes for Horwitz. Horwitz contested the results. The trial court entered a "Final Order Denying Contest" in which, among other things, it concluded that the affidavits established that no more than 70 illegal votes had been cast in the election. On November 24, 2013, Horwitz filed a motion to alter, amend, or vacate the trial court's judgment; that motion was denied by operation of law on February 24, 2014. Horwitz appealed the trial court's order denying her election contest. Based on the applicable law and facts, the Supreme Court concluded that "Phase I" of the election contest yielded a total of 159 ballots that should have been rejected. The judgment of the trial court was reversed and the case remanded back to the trial court for the conduct by the trial court of Phase II of the contest.