Alabama state Circuit Court Judge William Rhea III of Etowah County will hear the lawsuit which has been filed against the town of Cedar Bluff in regard to absentee ballots in last month’s Municipal Election. 

That suit was brought by Jimmy Wallace, Billie Burkhalter and Lenora McWhorter, all of whom contend that there was a problem with a number of absentee ballots, which could affect the outcome of three races, that being the post of Mayor and two Council Seats.

Cherokee County Circuit Judges recused themselves from the case because Evan Smith, a candidate for the Cedar Bluff Town Council, is a lawyer who routinely represents clients who appear before those judges in Court.

Smith has filed a Motion to Dismiss concerning the suit filed by Wallace, Burkhalter and McWhorter.

As of yet, a hearing date has not been set in that case.