Judge William Rhea and the attorneys involved in the case held a conference call Friday at 9 a.m. to discuss the next thing to be done in the case to get it settled. A hearing was set for 1:30 p.m. October 23rd in Judge Rhea’s Courtroom.
Shane Givens, attorney for Plaintiffs Jimmy Wallace, Lenora McWhorter, and Billie Burkhalter filed a motion on Tuesday asking the Court for a summary judgment in the case. If granted, the summary judgment asks the court to exclude and subtract the ballots from the total votes cast that were illegally picked up from the Cedar Bluff Town Hall, Plaintiff Billie C. Burkhalter be delcared as the winner of the District 1 Town Council election, Plaintiff Lenora M. McWhorter be declared as the winner of the District 2 Town Council election, and require a new election to be held for the office of Mayor of Cedar Bluff.
In the Motion for Summary Judgment, references are made to the deposition given by Town Clerk Delana Martin admitting she "Did it wrong" by allowing absentee ballots to be picked up by persons other than the voter and that those absentee ballots should have been mailed to the voters requesting them.
Judge Rhea is expected to rule October 23rd on whether the mishandling of absentee ballots is sufficient legal grounds to grant relief to Plaintiffs in the case.