GADSDEN — Defendants and their legal teams drove 30 miles to Gadsden Monday, hoping to see a lawsuit over suspicious absentee ballots in Cedar Bluff get knocked out of court for good. Instead, they and the plaintiffs will be back next week for round two. 

There won’t be a runoff election in Cedar Bluff on Oct. 7, either. 

Etowah County Circuit Judge William H. Rhea III ultimately declined several candidates’ motions to dismiss the lawsuit on a technicality over filing procedures. He then set a hearing for Oct. 7 at 9 a.m. in his courtroom to examine over two dozen absentee ballots that plaintiffs contend were cast illegally. The judge also postponed the runoff election indefinitely. 

Rhea was selected to preside over the case by the Alabama Supreme Court after all three circuit judges in Cherokee County recused themselves from the matter. They cited the involvement of Smith, an attorney in Centre, who frequently argues cases before them.

Mayoral candidate Jimmy Wallace, along with town council candidates Billie Burkhalter and Lenora McWhorter, filed suit against the town of Cedar Bluff and their opponents within days of the town’s Aug. 28 municipal election. 

According to their suit, former Cedar Bluff Town Clerk Mary Shaner, who currently works as a secretary for District 1 candidate Evan Smith, and Glenda Smith, the candidate's wife, witnessed multiple ballots. Becky Sanders, wife of District 2 candidate Donald Sanders, also handled over a dozen absentee ballots in the weeks before the election. 

There were also a lopsided number absentee votes cast for Steve Lay, a candidate for mayor, the suit charges.

The plaintiffs contend that if the 27 votes they consider illegal are thrown out,  Burkhalter would win her District 1 race. As the vote count stands now, she will face Smith in a runoff. Smith received all eight of the absentee votes cast in District 1.

In District 2, McWhorter and Sanders are scheduled to face off. The 15 absentee votes Sanders received gave him a nine-vote edge over McWhorter (43-34), who only received three absentee votes. If the challenged ballots are disallowed, McWhorter would win the council seat by three votes (31-28).

In the race for mayor, Lay and Ethel Sprouse are set to face each other in the runoff. With the absentee votes removed, however, Wallace would move into second place by three votes.

Early on in the hearing, Rhea told lawyers representing both sides that the meeting would be a “scheduling hearing” only. 

“There will be no rulings today,” he said. 

Judge Rhea then peppered attorneys for the plaintiffs and the several defendants, all of whom, with the exception of Steve Lay, were present in the second-floor courtroom.

On Friday afternoon, Lay passed away following complications from open-heart surgery.

Rhea listened as attorneys for Smith and Sanders insisted their clients had never been properly served with court papers. 

“There is nothing more to be done than dismissal,” said Ralph Strawn, on behalf of Smith.

Centre attorney Al Shumaker, representing Sprouse, then rose to argue that state law requires that a "winner" be declared before an election challenge could proceed.

As directed by the judge, Shane Givens, attorney for the plaintiffs, disputed each charge in turn and also counter-argued for his clients’ positions. 

Bill Hawkins, who represents the town of Cedar Bluff, rose to inform the judge that in the interests of fairness, the town had no preference in the outcome. 

“We’re just here for guidance from the court on how to proceed with the runoff election,” Hawkins said. "Today is the deadline for the town to order ballots for the runoff if we are going to hold it as scheduled."

After hearing 30 minutes of arguments from both sides, Judge Rhea called for a five-minute recess. He returned with his court reporter in tow and he asked each attorney to repeat everything they’d already told him, this time for the record.

Obviously, he had changed his mind about not issuing any rulings.

After another half-hour, Rhea sat forward in his chair, casually denied the defendants'  motions to dismiss the suit, and ordered Cedar Bluff Town Clerk DeLana Martin to bring the sealed box of absentee ballots to his courtroom next week. 

“I’ll see everyone next Tuesday at 9 a.m.,” the judge said. “We’ll go from there.”

An attorney involved in the case informed The Post Monday morning that the hearing scheduled for Tuesday may be postponed for a few days because of Lay's death.