Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Elections topic
No spam. Unsubscribe anytime.
Spanish Fort council certifies municipal election after court-ordered opening of one provisional absentee ballot
Summary
At a September 2025 meeting, the Spanish Fort City Council reviewed and certified municipal election returns after a circuit court judge ordered the opening of a single provisional absentee ballot; the ballot was added to the mayoral totals and officials described a packaging error by the voting vendor.
The Spanish Fort City Council on a September 2025 canvass meeting accepted the certified results of the Aug. 26 municipal election and counted one provisional absentee ballot opened under a circuit court order, the city clerk told the council.
The canvass adjusted the mayoral total by one vote after the circuit court judge opened a provisional absentee ballot envelope in the judge’s presence and witnesses from the county clerk’s office, the city clerk said. The clerk said the tally for mayor, as certified after the provisional ballot was added, was 1,452 votes for Brad Bass; other mayoral totals reported at the canvass were 30 votes for Laura and Chris (combined, reported without a last name in the record) and 572 votes for Mary McMillan.
The canvass matter concerned one provisional absentee ballot that county election officials had withheld until the city governing body could review returns. The clerk told the council that the ballot became isolated from its verification form because the absentee supplies sent by voting-system vendor ES&S did not include the correct envelope set. “We were not given the proper envelopes for absentee supplies,” the City Clerk/Election Manager said, adding that staff treated the returned material as a provisional absentee in keeping with the instructions they had at the time.
The clerk said the city sought legal guidance after the Board of Registrars advised that a circuit court order is required before opening sealed provisional containers. The clerk said they presented a petition to Circuit Court Judge Bishop, who signed an order; the clerk said the provisional container was opened in the judge’s presence and resealed with witnesses and signatures. The clerk said the League of Municipalities had reviewed the plan and advised that the procedure “sounds to be above and beyond the call of duty.”
Officials described no criminal filings related to the mishandling; the clerk said there were only attorney fees. The clerk said he contacted all council members and all candidates by telephone to explain the error and the planned procedure before the box was opened.
City-reported vote totals presented at the canvass for council districts included: Mitch Fisher (District 1) 103 votes; Kurt Smith 141 votes (district not specified in the readout); Shane Perry (District 3) 201 votes; Drew Ramsey 226 votes; Michael Baus (District 5) 29 votes; Mary Brabner 315 votes; and Stephen R. Lemoine 156 votes. The clerk read under-vote counts by contest and explained that an “undervote” indicates a ballot in which a voter left that contest blank.
The clerk said county registrars reported a total of one absentee provisional ballot and six poll provisional ballots cast; the other provisional ballots were rejected and remain sealed. The clerk said the one absentee provisional ballot was reviewed and, after the court process, included in the certified totals.
No formal roll-call vote is recorded in the meeting transcript; the clerk asked if the council had any discussion or objections after the adjustment and none were recorded. The clerk asked, “Does that certify you?” and the canvass proceeded with the provisional ballot counted and the returns incorporated into the official tabulation.
The city clerk said the handling error stemmed from incomplete absentee packaging from ES&S and from limited training around provisional absentee procedures. The clerk said the Board of Registrars initially gave guidance that led staff to treat the item as provisional absentee; later the clerk said the Board confirmed different instructions. The clerk recommended the city ensure future training from the secretary of state and the voting-system vendor to avoid similar mistakes.
Records of the canvass, the circuit court order, and the Board of Registrars report are part of the city election record and are available from the city clerk and the Baldwin County Board of Registrars, the clerk said.
The canvass closed the city’s August 2025 municipal election process by formally incorporating one provisional absentee ballot into the certified returns and reporting adjusted totals to the council and public.
