A state circuit judge has put Cedar Bluff’s runoff election on hold. The election, which would have determined the mayor’s race and two council seats was set for Oct. 7.

Judge William H. Rhea III of Etowah County also threw out two motions to dismiss a lawsuit challenging the city’s election held Aug. 26.

Three candidates in the races for mayor and council seats in Cedar Bluff filed a lawsuit contesting the municipal election results because of alleged problems with absentee ballots.

Jimmy Wallace, a candidate for mayor, and Billie Burkhalter and Lenora McWhorter, candidates for council positions, alleged in their lawsuit that illegal absentee ballots changed the outcome in their respective races. They asked for a new election and a preliminary injunction and temporary restraining order to prevent the Oct. 7 runoff.

Circuit judges in Cherokee County recused themselves from the case because lawyer Evan Smith, a candidate for Town Council, represents clients who appear before them in Circuit Court. Smith, Tim Miller, Donald Sanders, Steve Lay and Ethel Sprouse, who were running for mayor or council seats, also are named as defendants.

Smith and Sprouse filed the motions asking the suit be dismissed.

“Misconduct and/or negligence on the part of the Town of Cedar Bluff resulted in illegal absentee-ballot votes being cast,” stated the lawsuit filed by Centre lawyer Shane Givens.

“Without these illegal votes, there would be major differences in the outcome of the three aforementioned positions. "Because of said illegal votes, the General Election should be annulled and a new election required,” the suit states.

Of 498 ballots recorded by the town, 31 votes were from absentee voters.

Town Clerk DeLana Martin said some absentee ballots may have left City Hall that should not have gone out.

Rhea set another hearing for Tuesday, Oct. 7 in Gadsden and asked that ballots from the municipal election be brought to the courthouse in Gadsden for examination.

Wallace received 122 votes in the mayor’s race; Sprouse was the top vote-getter with 163 votes; Steve Lay received 138 votes and Dale Reese received 42. Sprouse and Lay are in the runoff.

In District 1, incumbent Billie Burkhalter narrowly missed winning outright with 61 votes to Evan Smith’s 36 votes and Tim Miller’s 28 votes.

In District 2, Donald Sanders came out ahead of Lenora McWhorter with 43 votes to McWhorter’s 34.