Donald J. Bennett Sr. is the only name listed for Perry County Commission District 1 on the sample ballot for the Nov. 3 general election, with a write-in line beneath it and no listing for Commissioner Albert Turner.
The sample ballot, which the probate judge’s office prepares from the nominees certified to it, began circulating Thursday, Sept. 3. Probate Judge Carlton Hogue, who also chairs the county Democratic executive committee, certified Bennett as the party’s nominee after a one-vote primary result and a July recount, and stood by that certification after the state party’s contest committee ruled Aug. 21 that a disputed ballot should count for Turner. A Montgomery circuit judge dismissed Turner’s suit against Hogue on Sept. 1, finding among other things that the statutory deadline for certifying nominees had already passed.
Turner told the Black Belt News Network on Thursday that he plans further legal action to stop distribution of the ballots and force a reprint with his name in the Democratic slot. “We are the legitimate Democratic Party nominee, and we will continue to pursue legal action,” he said, saying that the certification Hogue submitted lacked the proper signatures and did not follow the state party’s order.
Bennett said in a statement that he remains the certified nominee, that the race is not over and that he expects a write-in challenger, and he urged District 1 voters to stay engaged.
No Republican qualified for the seat. Unless a court orders a reprint, a write-in campaign is the only way Turner’s name could be counted in November. The only case still pending is Bennett’s own July petition to stop the recount, which a Montgomery circuit judge has set for a status review Thursday, Sept. 10. Absentee ballots for the Nov. 3 election must be ready by Sept. 19.
