Judge James Roberts denied a motion that aimed to dismiss Kelly Horwitz's claim that almost 400 ballots are illegal.
Kelly Horwitz challenges Kirby's victory in August's race for the Tuscaloosa school board's district 4 seat. Horwitz lost by 87 votes. Horwitz's attorneys argue 397 students cast illegal ballots and they believe they can prove at-least 144 of those illegal votes by using the addresses students listed on their school records at the University of Alabama, "We say those people have not made the city of Tuscaloosa their domicile. We have 93 people who changed their voter registration within in 30 days of the election. They were registered at home," said Horwitz' attorney, James Anderson.
However, Kirby's lawyer, Andrew Campbell, told Judge Roberts that Horwitz has no specific evidence and that she shouldn't be allowed to call all of those students to court to go on a "fishing expedition.' "We still don't know any specific voters they're claiming are illegal. The haven't identified any. They have a list of 400 names but they're not claiming that many but they want to tells us which ones."
The trial starts on October 31 at 9am at the Tuscaloosa County Courthouse.