Mobile County Probate Judge Don Davis has set Tuesday to break ties in three constable races – Precinct 4, which votes at McDavid Jones Elementary School; Precinct 48, which votes at Abba Shrine Temple; and Precinct 69, which votes at B.C. Rain High School.
That’s especially true when the political office on the ballot has no one signed up to run. For many of Mobile County’s 80 constable positions, a single write-in vote can make the difference. Mobile County Probate Judge Don Davis has set Tuesday to break ties in three of those constable races – Precinct 4, which votes at McDavid Jones Elementary School; Precinct 48, which votes at Abba Shrine Temple; and Precinct 69, which votes at B.
C. Rain High School. The Probate Judge’s Office tracked down the candidates and set Tuesday at 1 p.m. to break the ties. It is the last remaining piece of business before results from the Nov. 5 general election can be certified. This is the first time Judge Don Davis has had to perform tie-breaking duties. Before a change in the law, that responsibility fell to the sheriff. Davis told FOX10 News that he still is trying to decide on the precise tie-breaking method. “The statute says that it’s done by drawing lots, but I have heard that some people flip coins,” he said. “There’s several different ways that it’s done. … We’re trying to figure out, see if there’s a definition for drawing lots. But we’ll do whatever the law provides.” There actually were seven precincts with write-in ties for constable, but four of those races got settled when other would-be candidates decided they didn’t want the job. The position generally is not hotly contested. It’s a throwback to an earlier era when constables had significant law enforcement responsibilities similar to a sheriff’s deputy today. But now, the office comes with no pay, no staff, and no reimbursement – and largely is ceremonial. And despite there being no compensation, constables are required to post a $1,000 bond to pay for insurance coverage to guard against potential lawsuits. Constables can participate in funeral processions and serve documents. But the Mobile County Sheriff’s Office said it will not book suspects into jail if the arrest is made by anyone who is not a certified laws enforcement officer. That has led to the occasional legal dispute. The Sheriff’s Office in 2018, for instance, charged a constable with impersonating a peace office and false imprisonment. A judge, at the request of prosecutors, later dismissed the charges. Although there are three constable races to be decided, it is unclear how many candidates will show up on Tuesday. William Riley, a retired Atlanta city judge who lives in south Mobile County, said he was interested after finding out on Election Day that no one had signed up to run.Riley and Jarrett Williams both got two votes, but Riley said he cannot make it on Tuesday. Since candidates must appear personally, that means Williams can claim it without a contest.In west Mobile, John Shepherd tied for first place in Precinct 48 with three votes.Shepherd said he is leaning against showing up on Tuesday, which would leave the position to Billy Flowers, a retired information technology worker at FOX10. Flowers said he planned to run for the position but did not because he thought his friend was in the spot. On Election Day, he discovered that his friend is the constable in a neighboring precinct. “My dad was a constable,” Flowers said. “He was originally appointed by the governor, and then after that, he ran for several terms and won, and he’s since passed away. But I figured I’d, you know, do it kind of in honor of my dad.” Flowers said he still has his father’s constable uniform and other items. He said he believes the position still serves a purpose, even if it has been diminished over the last century or so. “I know in the past, constables have gotten a bad name, but I think it was just a few renegades that, you know – always got a couple bad apples in every batch,” he said.Officials release details on the fatal Highway 45 crash from Saturday nightDining Out for Life fundraiser being held this SundayWoman arrested in Santa Rosa County for an alleged multi-state shoplifting scheme
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