The Alabama Democratic Party has scheduled a hearing for Friday on Albert Turner Jr.’s challenge of his one-vote loss in the Perry County Commission District 1 Democratic primary, bringing a local election dispute to the state level after Probate Judge Carlton L. Hogue certified challenger Donald J. Bennett as the Democratic nominee and declared the contest period closed.
Bennett, in a social media post Tuesday afternoon, said news reports from WSFA and WAKA indicated a hearing before the State Democratic Executive Committee (SDEC) had been set for June 5 at 11:00 a.m. However, Bennett said he had not received any official notification of the proceeding.
“I have not received any official notification of this hearing, which is deeply concerning,” Bennett said. “As the candidate whose election is at issue, I have a right to present my position in this matter.”
Bennett said he contacted the SDEC three times Tuesday morning to confirm whether the hearing was valid and why he had not been notified.
“On each call, I was told they were ‘checking into the validity of the hearing,'” Bennett said. He added that the SDEC’s office had been fielding calls about the matter throughout the day. When he requested a list of executive committee members, he was told the committee’s attorney would contact him.
Dispute Centers on Timing of Election Contest
The dispute centers on whether Turner filed a timely contest of the May 19 primary election and whether the state party has grounds to hear his appeal.
Bennett led Turner by eight votes on election night, 395 to 387, and claimed victory that evening.
The canvassing board, composed of Hogue, Sheriff Roy Fikes, and Circuit Clerk Mia Turner, met at noon on May 26 to review 24 provisional ballots. Turner picked up 10 provisional votes to Bennett’s 3, narrowing the margin from eight votes to one.
The final certified totals were 398 votes for Bennett and 397 votes for Turner. Hogue asked the packed courtroom for no outbursts before reading the results. Brief applause broke out anyway.
Turner addressed the crowd shortly afterward.
“Every vote counted. We should always participate in the electoral process. Even when it’s difficult,” he said. “I congratulate Mr. Bennett on his one point victory and we’ll see what the end is going to be.”
What followed was a rapid sequence of filings, social media posts, and public statements that has consumed Perry County politics for two weeks.
Competing Interpretations of State Election Law
Turner submitted a written request for a recount to the Probate Judge’s office on May 26, the same day as the canvass. Hogue responded in a letter stating he could find no legal reason or mechanism to conduct one.
According to Hogue, Alabama law requires recounts in a party primary to be requested through the county executive committee of the political party, not through the Probate Judge’s office.
Meanwhile, the 24-hour contest clock was ticking.
Under Alabama Code Section 17-13-80, a contest of a nomination for county office must be commenced within 24 hours after the result has been canvassed and the nomination declared. This requires filing a statement of contest with the chair of the county executive committee along with a cash deposit.
Hogue said the canvassing board signed its official letter at 1:30 p.m. on May 26, meaning the deadline expired at 1:30 p.m. on May 27.
Turner’s contest letter to the Perry County Democratic Executive Committee was dated May 29, two full days after the deadline had passed, according to Hogue.
Turner has offered a different interpretation of the law. In a social media post Tuesday, he argued that his May 26 recount request tolled the 24-hour contest deadline until the recount could be completed, which he said should occur within 72 hours of the request.
Under that interpretation, Turner argued that his May 29 filing was timely. He said state officials would determine the validity of that argument.
The Times-Standard-Herald reported that it was unable to locate any provision in the Alabama election code providing for the tolling of the contest deadline upon a recount request.
Claims of Additional Vote Discrepancies
Turner has also posted a photograph on social media that he says is evidence the vote count was incorrect.
The image shows what appears to be a voting machine tape printout from election night. Beside Turner’s vote total, someone has written the number “+1” in pen. Turner has posted the image on multiple occasions, claiming it reflects the result of a hand recount.
Hogue’s public statement made no reference to any hand recount having taken place. The Probate Judge’s office said it does not have the authority to conduct a recount in a party primary.
Turner further claimed that the official absentee count recorded 140 votes, while the machine tape showed 141, and that the missing vote was his. He also said video evidence showed that a provisional ballot voter was not registered in District 1, which he argued would invalidate that ballot.
If both claims were accepted, Turner’s team argued, the result would become a 398-398 tie. In the event of a tie, the local or state party executive committee could break the deadlock.
County Party Stands by Certification
Hogue, who also serves as chairman of the Perry County Democratic Executive Committee, held a press conference at the Perry County Courthouse on June 1 and released a two-page public statement that left little ambiguity regarding the local party’s position.
“The Probate Judge’s Office does not have the authority to change Alabama’s statutory deadlines, extend a missed contest period, or accept a recount request that Alabama law assigns to the county executive committee in a party primary,” Hogue said.
“The law must be followed whether a candidate wins or loses by one vote, one hundred votes, or one thousand votes.”
He continued:
“We strongly reject an attempt to spread false, reckless, or self-serving allegations that damage public confidence in Perry County elections. Public officials and candidates have a responsibility to tell the truth, follow the law, and respect the outcome of the democratic process.”
Hogue concluded his statement, writing in his capacity as party chairman:
“No further action will be taken regarding the official election results. The committee certified Mr. Donald Bennett as the rightful winner to represent the Democratic Party for Perry County Commissioner District 1 in the general election in November 2026.”
Bennett Calls for Transparency and Due Process
Bennett, in a series of social media statements following the canvass, repeatedly said he had received no notification from any authorized election official regarding a recount or the processing of additional ballots.
“I remain confident in the integrity of the process and will continue to monitor developments through proper channels,” Bennett said on the evening of May 30. “Should any such action occur through proper legal channels, I will communicate updates promptly. Until then, we press forward.”
The following morning, in what appeared to be a direct response to Turner’s social media activity, Bennett sharpened his tone.
“Creating a public spectacle is beneath the dignity of elected office,” he said. “Our community has worked too hard and come too far to allow the democratic process to be undermined by noise, misinformation, or personal grievance.”
“There are rules, timelines, and laws that govern our voting process,” Bennett continued. “They exist not to serve any one individual, but to protect every voter.”
His Tuesday post responding to news of the state party hearing returned to the theme that he was being left out of the process.
“I will continue to pursue every proper channel to ensure due process is followed and that this matter is handled with full transparency and fairness,” Bennett said. “The voters of District 1 spoke clearly, and I will not stop standing up for the integrity of your votes.”
What Happens Next
Under Alabama Code Section 17-13-82, either party to a primary contest has the right to appeal a county executive committee decision to the state executive committee.
The state committee is designated under Section 17-13-87 as “the court of final appeal in all party contests of nominations.” If the state committee determines that it cannot decide who the legal nominee is, it has the authority to order a new primary election.
The central question before the state party is whether Turner’s tolling argument is valid and the contest was timely filed, or whether the deadline expired on May 27 and the county party’s certification of Donald Bennett remains in effect.
Because there is no Republican candidate in the District 1 general election, the Democratic nominee will ultimately take the seat in November 2026.
