The voter fraud trial involving current Tuscaloosa City Schools System District 4 Board Member Cason Kirby began and ended in a dismissal today.

Last year, the Alabama Supreme Court overturned a Tuscaloosa County Circuit Court ruling to dismiss the election fraud charges brought against Kirby by former District 4 Board Member Kelly Horwitz. The case was dismissed again this afternoon.

I’m disappointed (the allegations have) been drug out this long,” Kirby said this morning. “I said on election night back on Aug. 27, 2013, that I thought we won fair and square. I still believe that. I think the outcome of today is going to prove it once again.”

The allegations date back to the Aug. 27, 2013, school board election, which Kirby won by 80-plus votes over incumbent Horwitz. She claims at least 185 University of Alabama students who voted in the election did not meet residency requirements to vote.

Thirty-nine of those voters took the stand today, where they were questioned on who they voted for and why. Many claimed to not remember which candidate they cast their vote for. Others chose to plead the Fifth and did not comment.

Some, however, admitted to voting for Kirby after they were encouraged to do so by UA Greek organizations.

Horwitz’s attorney, Joel Sogol, said the race’s outcome hinged on those illegal votes by UA students.

“The difference in votes was about 88 votes,” he said. “So out of those 185, if 89 of them voted for Cason, then unless they can come up with the people who voted for Kelly illegally, he loses and she wins.”

Kirby already announced he will not seek re-election, but said his decision had nothing to do with the longstanding controversy.


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