Alabama State Senate District 10 remained an absolute hotbed of political activity on Tuesday after a long year of primary contests, a candidate de-certification, and now, a recount.
Independent Jesse Battles declared victory Wednesday in Senate District 10 and State Sen. Andrew Jones (R-Centre) asked voters for patience, with 84 votes separating them and an automatic recount ahead.
Battles led Jones 20,067 to 19,983 with all precincts in Etowah, Cherokee and DeKalb counties reporting, a margin of 0.2%.
He carried Etowah County, where about 70% of the district’s voters live, 15,716 to 12,277. Jones carried Cherokee County 4,261 to 3,211 and DeKalb County 3,445 to 1,140. Jones was unopposed in 2022.
Roughly 80 provisional ballots remain to be reviewed, according to sources familiar with the count — about 50 in Etowah County and 20 in Cherokee County.
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Provisional ballots are cast by voters whose eligibility could not be confirmed at the polls. Each county’s board of registrars verifies them, and under state law they are counted at noon on the seventh day after the election, which is Tuesday.
Only then are they added to the county totals and certified.
Because the margin is under one-half of 1% of the votes cast, state law requires a recount, which the state pays for.
Under Ala. Code § 17-16-20, the recount must begin within 72 hours of certification, is supervised by a certified poll official, and runs every sealed ballot container back through the tabulators, with any ballot the machine rejects counted by hand.
Both campaigns are entitled to 24 hours’ notice and may have representatives present. Jones, as the trailing candidate, could cancel the recount by filing a written waiver with the Secretary of State within 24 hours of certification.
Jones told Yellowhammer News on Wednesday he intends to see that process through.
“I’m grateful to the voters of Etowah, Cherokee, and DeKalb for their outpouring of love, prayers, and support over our year and a half campaign,” Jones said in a statement on Tuesday night.
“Tuesday night’s vote margin appears to be within the threshold for an automatic recount. Additionally, it is my understanding that there are a good number of provisional ballots still to be reviewed. The principle of ‘one person, one vote’ has always been the backbone of our democratic system. I ask for your patience as every vote is counted and as we ensure that no mistakes were made. Thank you and may God bless the great state of Alabama!”
Battles claimed victory.
“I am incredibly humbled and grateful to be your next State Senator for District 10!” Battles said. “Northeast Alabama is my home, and representing the people and communities I love is an honor I will never take for granted. Thank you to everyone who believed in us, stood beside us, and bubbled in Jesse Battles! I promise to work hard, listen, and fight for the people of this district. I am proud to serve you. Now, let’s get to work! God bless District 10 and God bless Alabama!”
Eighty provisional ballots are enough to change the outcome if they break sharply one way. Jones’ two counties gave him 57% and 75% on Election Day. Etowah, where most of the provisionals were cast, gave Battles 56%.
If the provisionals split the way each county voted, the margin moves by a handful of votes in either direction.
The seat matters beyond the district.
Republicans hold 24 of 35 Senate seats with Battles counted as the winner — exactly the two-thirds needed to propose constitutional amendments, override vetoes and suspend the rules. A Jones win puts them at 25.
Etowah County gave U.S. Senator Tommy Tuberville (R-Auburn) 63.5% in the governor’s race on the same ballots Battles was winning by 12 points.
Jones, first elected in 2018, drew no opponent four years ago and received 32,153 votes. More than 40,000 people voted in the district Tuesday.
The State Canvassing Board certifies legislative races. The recount cannot begin until it does.
Grayson Everett is the editor in chief of Yellowhammer News. You can follow him on X @Grayson270.
