Will Kelly Horwitz appeal election ruling? - ABC 33/40 - Birmingham News, Weather, Sports

Will Kelly Horwitz appeal election ruling?

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    Now that the Election challenge between Kelly Horwitz and Cason Kirby in Tuscaloosa has been tossed out....many wonder will it reappear.

   Horwitz could appeal.  But, her camp kept quiet Thursday after Judge James Roberts dismissed the case Wednesday.

   Horwitz was challenging more than 200 student votes from the District four school board race in August.  However, in his ruling Judge Roberts found only 70 votes to be 'potentially illegal'.  That's short of the 87 Horwitz needed to change the outcome of the election.

   Thursday, Horwitz referred all questions to her attorney James Anderson who could not be reached.  During the last three hearing, Anderson would on occasion in court put things on record he said in the event an appeal would be necessary.

    Judge Roberts state in his ruling there was "insufficient evidence to overturn and nullify the election."

    In a released statement, Cason Kirby says, "I am happy that I can now focus on the needs of our children and our schools."

   His attorney, Andy Campbell says he believes an appeal in this case is unlikely.



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