Attorneys ask Alabama high court to block ballot recount

MONTGOMERY, Ala. -- Republican Bob Riley turned to the Republican-dominated Alabama Supreme Court on Thursday to block a statewide recount that Democratic Gov. Don Siegelman hopes will erase Riley's 3,117-vote lead.

Riley attorney Matt Lembke said an emergency motion asks the Supreme Court to halt all recounts statewide while it considers whether state law prohibits the seal of a voting machine from being broken except in limited circumstances that don't exist in this case.

"This is where it was going to end. For the people of Alabama, the sooner the better," Lembke said.

Siegelman's spokesman Rip Andrews said the Supreme Court action "shows they will stop at nothing in their fight to stop the ballots from being counted."

The certified vote in Alabama's 67 counties showed Riley defeating Siegelman by 3,117 votes out of more than 1.3 million cast.

Riley's attorneys filed in four counties Thursday to stop a recount. Pike County was the first to rule, with Democratic Circuit Judge Gary McAliley refusing to stop it. Riley's attorneys quickly traveled to Montgomery, where they filed with the Supreme Court at 5:30 p.m.

The Supreme Court -- eight Republicans and one Democrat -- did not immediately schedule any hearings, but court spokesman Tom Parker said the court had earlier discussed how to handle any appeal quickly.

One of Riley's attorneys, former Democratic Supreme Court Justice Terry Butts, dismissed questions about whether Republican dominance of the court would play a role. "We have a Supreme Court that has character," Butts said.

Siegelman's spokesman said Riley's lawyers had worked to get before the Supreme Court quickly. "Hopefully, they don't have an agreement with the Supreme Court," Andrews said.

Siegelman supporters have filed papers requesting a recount in all counties.