Former Alabama lawmaker to serve 60 days in jail in voter fraud case

Former Alabama lawmaker to serve 60 days in jail in voter fraud case

David Cole, who resigned from the Alabama House of Representatives in August after pleading guilty to a felony, will serve 60 days in the Madison County Jail.

Madison County Circuit Judge Alan Mann sentenced Cole in a hearing Tuesday morning to three years in prison, which will be split to serve 60 days in the county jail near downtown Huntsville. The balance of the sentence is suspended. Cole must also pay $52,000 in restitution.

Cole, 52, pleaded guilty to voting at an unauthorized location – a Class C felony — in the November 2022 general election.

Related: Madison County lawmaker David Cole arrested on illegal voting charge

Related: David Cole resigns seat in Alabama House after arrest on illegal voting charge

Cole, a Republican, was charged with violating Code of Alabama 17-17-28, which says, “Any person who knowingly presents false identification in order to vote at a polling place where he or she otherwise would not be qualified to vote, or who knowingly votes at a polling place where he or she has not been authorized to vote, or who knowingly votes at more than one polling place in the same election on the same day shall be guilty, upon conviction, of a Class C felony.”

Cole resigned his seat Aug. 31 after being arrested.

Cole admitted to voting in House District 10 when he lived in House District 4. The districts are contiguous and are divided by the Madison County/Limestone County line.

Cole’s election to the state House last year as the District 10 representative was contested within days of the election. Cole maintained he did nothing wrong in defending himself in the lawsuit.

Gov. Kay Ivey has set a new election date to fill Cole’s seat for March 26, 2024, preceded by party primary elections on Dec. 12.