University of Alabama Greek community named in fraud allegations of Tuscaloosa school board race
Kelly Horwitz, the losing Tuscaloosa school board candidate who is legally contesting more than half of the votes cast in the District 4 election, filed a memorandum in Tuscaloosa's Circuit Court Monday morning, naming at least seven University of Alabama Greek houses who offered incentives to students in exchange for votes.
Horwitz's lawyers are due in court Tuesday morning to discuss the bases of the challenges they've issued for 397 voters.
"On the eve of the election, representatives of several and sororities [sic], and at least one fraternity, directed various forms of communication to their members urging them to vote for District 4 winner Cason Kirby and offering them incentives in exchange for voting," the memorandum states.
Delta Gamma, Zeta Tau Alpha, Alpha Omicron Pi, Chi Omega, Kappa Delta, Phi Mu and an unnamed fraternity -- which AL.com originally reported on -- all sent electronic communications to members encouraging them to register and vote in exchange for free drinks at two Tuscaloosa establishments.
The memorandum states there is "evidence of misconduct, fraud or corruption and offers to bribe, bribery, intimidation, or other misconduct calculated to prevent a fair, free, and full exercise of the elective franchise," and outlines its argument in five parts, providing legal precedent for each:
"Misconduct in question"
The memorandum states a DG member revealed that voter registration cards were passed out to the chapter during a recruitment meeting in the house's basement, and members were not allowed to leave until they filled them out.
The memorandum also cites a DG chapter email sent on Aug. 26, the day before the election, which specifically directs its members to vote for Cason Kirby and Lee Garrison, the board chairman-elect.
"If your name is listed below, you are voting for Cason Kirby for District 4," the email states, referring to a list of member names registered in District 4 included in the original email. "If your name is not listed below then you are voting for Lee Garrison."
According to the court filing, the chapter was hoping to maintain its status as a new member of the Machine.
"This is very important to our chapter and the Greek system as a whole," the email states. "I have a list of who registered to vote, so if you registered, GO VOTE. Remember, we worked very hard to get to this point and this is our opportunity to show that we are here to stay!"
The Horwitz camp also has an election official on record who reports an Alpha Omicron Pi sorority member left the polling station after realizing she would have to sign an oath subjecting her to "potential perjury charges."
The girl was filling out paperwork to cast a provisional ballot but was later "ushered back in by other girls."
According to the memorandum, the girl was shaking as she signed the oath swearing she was qualified to vote in the election.
While AL.com reported in August that free drinks were originally offered in exchange for votes, the memorandum states Phi Mu withheld tickets to a Backstreet Boys concert -- held the night of the election at the Tuscaloosa Amphitheater -- from members until they provided proof they had voted in the election.
Request for comment from Cason Kirby legal representatives has not yet been returned.
Link to the memorandum: http://media.al.com/tuscaloosa/other/Voter Fraud Filing.pdf Horwitz's lawyers are due in court Tuesday morning to discuss the bases of the challenges they've issued for 397 voters.
"On the eve of the election, representatives of several and sororities [sic], and at least one fraternity, directed various forms of communication to their members urging them to vote for District 4 winner Cason Kirby and offering them incentives in exchange for voting," the memorandum states.
Delta Gamma, Zeta Tau Alpha, Alpha Omicron Pi, Chi Omega, Kappa Delta, Phi Mu and an unnamed fraternity -- which AL.com originally reported on -- all sent electronic communications to members encouraging them to register and vote in exchange for free drinks at two Tuscaloosa establishments.
The memorandum states there is "evidence of misconduct, fraud or corruption and offers to bribe, bribery, intimidation, or other misconduct calculated to prevent a fair, free, and full exercise of the elective franchise," and outlines its argument in five parts, providing legal precedent for each:
- The misconduct or illegal inducements do not have to be attributable to the candidate
- The illegal inducement does not have to be expressly conditioned on voting for a particular candidate to constitute a violation
- It is immaterial whether the voters ever received the benefit of their bargains
- It is immaterial that the voters in questions were not offered a payment of money
- The contestant is not required to show that the voters who accepted illegal incentives in exchange for voting would not have voted without such incentives or would have voted differently
"Misconduct in question"
The memorandum states a DG member revealed that voter registration cards were passed out to the chapter during a recruitment meeting in the house's basement, and members were not allowed to leave until they filled them out.
The memorandum also cites a DG chapter email sent on Aug. 26, the day before the election, which specifically directs its members to vote for Cason Kirby and Lee Garrison, the board chairman-elect.
"If your name is listed below, you are voting for Cason Kirby for District 4," the email states, referring to a list of member names registered in District 4 included in the original email. "If your name is not listed below then you are voting for Lee Garrison."
According to the court filing, the chapter was hoping to maintain its status as a new member of the Machine.
"This is very important to our chapter and the Greek system as a whole," the email states. "I have a list of who registered to vote, so if you registered, GO VOTE. Remember, we worked very hard to get to this point and this is our opportunity to show that we are here to stay!"
The Horwitz camp also has an election official on record who reports an Alpha Omicron Pi sorority member left the polling station after realizing she would have to sign an oath subjecting her to "potential perjury charges."
The girl was filling out paperwork to cast a provisional ballot but was later "ushered back in by other girls."
According to the memorandum, the girl was shaking as she signed the oath swearing she was qualified to vote in the election.
While AL.com reported in August that free drinks were originally offered in exchange for votes, the memorandum states Phi Mu withheld tickets to a Backstreet Boys concert -- held the night of the election at the Tuscaloosa Amphitheater -- from members until they provided proof they had voted in the election.
Request for comment from Cason Kirby legal representatives has not yet been returned.
This is, of course, the same school that doesn't allow African-Americans to join "white" sororities and also suspended a football player for taking money from the coach, but still let head football coach Nicholas Saban coach each of the last two weeks.