Alabama GOP declares Auburn state Senate primary a tie; winner to be decided by lot

An Auburn-area state Senate primary race that saw over $1.5 million in spending could be decided by lot.

A committee of the Alabama Republican Party Saturday declared the Senate District 27 Republican primary -- won by Auburn City Council Jay Hovey by a single vote over Sen. Tom Whatley -- a tie following a challenge. 

The party did not release a reason for its decision. A message seeking comment was sent to Whatley Saturday evening. 

Hovey in a message Saturday night accused the party of counting an unregistered voter to bring the race to a tie. 

“Certainly every vote is important and it’s unfortunate if anyone is mistaken that they are registered to vote,” Huvey wrote.  “But if the proper, legal process isn’t followed to register, a person shouldn’t be allowed to cast a ballot to be considered.”

In a statement announcing the tie, the Republican Party cited Alabama Code 17-12-23, which says that in ties for circuit judge, senator, representative, "or any state officer not otherwise provided for, the Secretary of State shall, in the presence of the Governor, and such other electors as may choose to be present, decide the tie by lot." 

Merrill said Saturday night that he had not been contacted by the parties or the candidates, but that his office would “do what we need to do” under state law.

A message seeking comment was left with Gina Maiola, a spokeswoman for Gov. Kay Ivey, on Saturday. 

More:Alabama GOP rejects primary challenges in two Etowah County House districts

Senate District 27 includes Lee, Tallapoosa and Russell counties. Whatley spent almost $1.3 million on the race to Hovey's $103,000, and won 81% of the vote in Russell County and 69% in Tallapoosa County. Hovey, however, got 63% of the vote in Lee County, the most populous part of the district, and won by a single vote out of nearly 17,000 cast. The race was one of several challenged after canvassing following the May 24 primary. 

The party earlier in the day rejected challenges to House district primary races in Etowah County. 

Democratic nominee Sherri Reese is also seeking the Senate District 27 seat in the November election. 

Updated at 10:11 pm with comments from Jay Hovey and John Merrill. Contact Montgomery Advertiser reporter Brian

Lyman at 334-240-0185 or blyman@gannett.com.