If all votes for Circuit Judge-Elect Ray Bryan are nullified, the man who lost the election could take the office.
Bryan's own political party is at the heart of the potential de-certification.
Wednesday afternoon supporters cheered for Ray Bryan. With no Democrat in the race, he expected to take office. But from the steps the Calhoun County Courthouse the judge-elect spoke out about the movement to nullify every vote cast for him.
Bryan says he is angry.
Weeks after the primary the Alabama Republican party began a de-certification process taking him out of office before he starts the job. All because his finance forms arrived on election morning -two days past the state deadline.
Bryan says "The worst thing that i can tell you is that i made a mistake."
His mistake is mailing the paperwork on the due date the way many people mail their tax returns on the april 15th deadline.
But according to the state Republican party that's too late. Phillip Bryan, a rep from the Alabama GOP, tells ABC 33/40 that there is legal precedent for revoking a winning candidate if their paperwork arrives past deadline. The party operates by state law and a Supreme Court ruling backs up their decision. But why does it come now, weeks after the election? According to its spokesperson, the party only gets involved if someone comes forward to challenge the candidate. That challenge came after the election. Even so, many bryan supporters blame the party.
Billy McDill says "This is the Republican party. The only time i ever voted for a Republican and they kick him out now."
Roy Smith tells our camera "He had the vote of the people more than 3000 votes and he won over his incumbant by two hundred and something votes."
Despite the vote tally, the Alabama Republican party tells ABC 33/40 it does not challenge laws.
But it's granted Ray Bryan 10 days to challenge the de-certification before it goes into effect.
On Wednesday Bryan said he's giving the party until Monday to change its mind.
Then he'll take legal action to fight for his office.
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