Nov. 2, 2009

Sprouse to be sworn in as mayor of Cedar Bluff

By Scott Wright

CEDAR BLUFF — After 12 months of legal challenges and political finger-pointing, the town of Cedar Bluff finally has a new mayor.

At a special called meeting Oct. 27, town attorney Bill Hawkins recommended to the members of the Cedar Bluff Town Council that they declare top vote-getter Ethel Sprouse the mayor-elect. Following a 4-1 vote to approve the recommendation, Sprouse will be sworn in at the next Council meeting on Nov. 9.

Hawkins offered his counsel after reading a five-page opinion provided earlier in the day by Alabama Attorney General Troy King.

“The attorney general stated that, in his opinion, the death of Steve Lay prior to having a runoff election acted as his 'withdrawal' from the race for mayor,” Hawkins said. “They interpreted the Code of Alabama to say that if there is a withdrawal, then the candidate with the most votes is the winner.”

Cedar Bluff residents voted in a municipal election in August 2008, during which Sprouse, a councilwoman, received 165 votes for mayor. Finishing behind her were candidates Lay, with 140 votes, Jimmy Wallace (124) and Dale Reese (42).

Since no candidate received a majority of the votes cast, normal procedure would have dictated a runoff be held between Sprouse and Lay. But Lay died Oct. 3, 2008, before the runoff could be scheduled.

The attorney general's opinion said strict interpretation of state law might give the impression that a runoff involving a candidate who is deceased is still required, but the following sentence dismissed the notion: “That would be an absurd result.”

King's opinion was also clear that Lay's death should not become an advantage for Wallace.

“The candidate receiving the third most votes does not move into second place and become a candidate,” he said.

Sprouse declined to be interviewed, but released a statement regarding the Town Council's decision to declare her mayor-elect.

“I am pleased that a resolution has been reached,” she said. “This has been an educational experience for all parties and the lessons learned should be helpful to our town as well as other communities in this state in handling municipal elections.”

Cedar Bluff still has to contend with other election-related lawsuits involving seats on the Town Council. One case challenges the handling of dozens of absentee ballots, and another alleges several candidates failed to properly report campaign contributions. Those suits are being handling in Etowah County by Circuit Judge William Rhea.

Three local judges recused themselves because a lawyer who regularly practices before them is a candidate for one of the seats on the Cedar Bluff Town Council.