HLED 6PM D-00809".00 RI OF {STON COUNTY: ALABAMA CARLA H, WOODALL. CL IN THE CIRCUIT COURT OF HOUSTON COUNTY. ALABAMA ELECTRONIC RAY SHANA W, ) Plaintitt ) \ ) Case No. 00 TOWN OF GORDON. ) Defendant ) ORDER Plaintiff's affidavit of hardship is denied at this time. as court cannot determine from affidavit that all income sources and assets have been listed. Court notes that plaintiff claims income of only $1.177 per month. yet claims monthly exoenses of $2.040. Additionally. Plaintiff fails to list any a: but in her affidavit of hardship claims expenses for house insurance. car insurance. and a car payment, DONE this 3 day of September, 2020. Js! HENRY D "BUTCH" BINFORD CIRCUIT JUDGEHouston County, State of Alabama September 3, 2020 ajuyefShana W Ray - Petitioner FILED SEP - 3 WB Cone Wood, Shere Fguston County. AL fa Petition to contest the Mayoral Election in the Town of Gordon, August 25, 2020 1Shana W Ray wish to contest the August 25, 2020 Mayoral election due to the following facts nv Several complaints have been made that their ballots only consisted of two candidates on the ballots when there should have been 3. The poll workers did not notify the Election Manager that the machine was rejecting ballots, a poil watcher notified her the following day. Citizens was handed batlots without secrecy envelopes and told to hand their batiots back to the poli worker. Citizens was denied their right to have assistance from anyone that they chose and told the poll workers must assist them. ens was threatened that if they came to vote they would have them putin jail Poll workers was picking and reasons who they would allow to vote some residents the opportunity to vote. .osing who, based on their own persona! provisional are not and denying y ae Brune, wf ae 0 BN »ELECTRONICALLY FILED 9/15/2020 11:40 AM HOUSTON COUNTY, ALABAMA CARLA H. WOODALL, CLERK IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA RAY SHANA W, Plaintiff, V. Case No.: — CV-2020-000097.00 TOWN OF GORDON, Defendant. ORDER For the benefit of the parties, the court notes that the individual who was certified as the winner of the election at issue in this case is not named as a party defendant herein, and the time for adding this individual as a defendant has apparently expired. Therefore, pursuant to the holding in Crouch v. Howard, 23 So.3d 663 (Ala. 2009), it appears that the plaintiff has failed to invoke this court's subject-matter jurisdiction. This issue will be addressed by the court at the earliest possible date following a responsive pleading by the Town of Gordon. The court also notes that the summons as issued to the defendant Town of Gordon states that the Town of Gordon must file an answer to the complaint within 30 days of service of the summons. The court finds this summons to be in proper form and in accordance with the law. Although there are provisions in the laws relating to election contests which provide that a party shall have only 5 days--as opposed to 30--within which to file answer to the complaint, these provisions only apply to the party whose election is contested. See Ala. Code §17-16-56. As the Town of Gordon obviously is not the party whose election has been contested, the clerk of court apparently has no authority to issue a summons which would require an answer within 5 days. DONE this 15% day of September, 2020. Js| HENRY D "BUTCH" BINFORD CIRCUIT JUDGEIN TEE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA + Toe never was rejecting ballots. It was not oidDefendant dds Mrs. BiAlabama Town of Gorden P.O, Box 46 « 692 Titon Road Gordon, AL 36343 TO: | oo . vacla ¢ woouall Cireuit court clerg °.0, Box draver od dotnan, Ab 563yeCARLA EH. WOODALL. CLERE IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA RAY SHANA W, ) Plaintitt, ) ) v. ) Case No, Cv-2020-000097.00 TOWN OF GORDON. , Defendant, ) ORDER The "answer to petition” purportedly filed by the Town of Gordon is noted. However, this pleading was filed by the town clerk who is not a licensed attorney. Courts of this State have held that a person must be a licensed attorney to represent a separate legal entity. and that a pleading filed by a non-attorney is a nullity. See Ex parte Ghafery. 738 So.2d 778 (Ala. 1998). Therefore. the court does not consider the "answer to petition’ filed by the town clerk to be a valid pleading. and the court does not consider same to be an answer to the complaint filed herein The defendant Town of Gordon was served with the summons and complaint on September 9. This courts of the opinion that the Town has 30 days from the date of service within which to file a responsive pleading to the complaint The court will set a hearing to address jurisdictional issues after the Town has filed a responsive pleading to the complaint. or. if the Town does not respond. after the expiration of 30 days from service DONE this 21* day of September, 2020. is HENRY D "BUTCH" BINFt CIRCUIT JUDGEELECTRONICALLY buED 7 10.5 2020236 PAT > 38-C423030-060097,60 CIRCUIT COURT OF HOUSTON COUNTY. ALABAMA, CARLA H. WOODALL, CLERK IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMAfs, ELECTRONICALLY FILED. j05 20: C8 CIRCUIT CORT OF HOUSTON COUNTY. ALABAMA, CARLA H. WOODALL, CLERE IN TRE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA the ballot machine was that