Larry Fluker v. Pete Wolff Iii

Summary

The Supreme Court of Alabama affirmed the judgment invalidating enough votes to change the result of the Evergreen mayoral runoff. It held that Fluker failed to preserve several evidentiary objections, that the circuit court's factual findings were supported under the ore tenus standard, and that the court did not err in excluding votes based on voter eligibility, residency, registration timing, or differing handwriting on absentee-ballot documents. Justice Woodall, concurring specially, agreed with the affirmance and emphasized the presumption that evidence considered by the trial court was sufficient when the record was silent.