Update: Breaking news (around 4:30) - a Bessemer judge has dismissed the challenge to Ken Gulley's election.
Another challenge to the election of Ken Gulley as mayor has been filed by the same person, Jessie Burrell, that filed the earlier suit that was thrown out. The election had to be certified before it could be challenged.
She lays out 20 points in a statement which according to her prove that Gulley does not live in Bessemer.
This suit was filed Friday.
The entire statement from Burrell is printed in the Western Star today.
I don't understand statement number 1.
"1. On October 5, 2010 the City of Bessemer held an election for the office of Mayor. Ten persons, including Ms. Burrell and Mr. Gulley, declared themselves candidates for the office."
First of all, ten people did not declare themselves candidates for mayor. There were two people on the ballot on October 5, Ken Gulley and Ed May. It was a runoff. Ms. Burrell was not on the ballot on October 5, having lost her city council bid. And she was never on the ballot in the mayor's race. And there were never 10 people in the race.
If the wording of this statement is any indication of the inteligence behind this case, they have no chance.
I have the court documents that she filed. Here is the first page out of 5.
When you read the Western Star, what you read is actually what she wrote.
The Western Star, in their "Why?" column, says this suit is a joke. Among other things:
"Over 70 percent of the people of Bessemer have said, "May go back to Mobile or go back to Birmingham."
Can I add, take Jessie Burrell with you?
Ms. Burrell is not asking the court to find Mr. Gulley unqualified based on legal grounds, it seems. She concludes with "wherefore, premises considered, Plaintiff prays that this court will take jurisdiction...The Plaintiff further prays that upon this declaration, that Mayor May be declared the winner of the election..."
I pray that this case will be thrown out before it makes Bessemer look even more foolish. I mean, here's a guy that over 70% of the people want out. 4,145 people voted for Gulley, 1,543 voted for May. Yet he still has his minions fighting for him?
I notice on page 5 there was instruction to the sheriff to serve the defendant at ... his Hueytown address. No, his Bessemer address. Wait, it's f**ked up.
Kenneth D. Gulley
306 Westlake Circle SW (that's his Bessemer address that he swore to in his affidavit)
Hueytown, AL 35023 (that's his former city of residence, and zip code)
Will the sheriff even be able to deliver it?
Of course, legal issues are unpredictable. Bessemer Opinions will be following this.