Kelly Horwitz filed a motion to “Alter, Amend or Vacate” with the circuit court of Tuscaloosa County Monday morning, asking the court to “set aside” its Nov. 13 order dismissing the election contest between her and current District 4 Board of Education representative Cason Kirby.

The motion states “The Court’s finding that there could be no more than ‘70 potentially illegal votes’ is contrary to the weight of the evidence and contrary to law.”

Horwitz argues that they find 89 potentially illegal votes, “before even addressing the question of domicile as to any voter.” That is two votes more than the 87 Horwitz needed to previously present in order to overturn the election.

It goes on to outline the contestant’s argument that further votes have been found to be illegal for reasons such as the voter having moved out of District 4 by the day of the election or the voter having misrepresented their residence, which voids their registration.

According to the motion, “Two of those voters (who are fraternity brothers) claimed to live in Graves Hall College of Education on their voter registration and another voter claimed to live in the Ferguson Center on his voter registration. The Contestant provided this Court with an affidavit from The University of Alabama showing that no students reside in the College of Education of [sic] Ferguson Center.”

The motion also includes evidence presented to the court pertaining to the allegations of bribery. The evidence includes screenshots of Facebook messages, emails and tweets.

“Additionally, this Court’s finding that the emails, Facebook messages and screen shots which provided proof that students were offered wristbands redeemable for free alcohol and concert tickets in exchange for voting did not constitute “admissible” evidence misses the point. The evidence was proffered to the Court for the purpose of urging the Court to lift its restriction on deposing students, since the authors of the emails and Facebook messages offering the inducements were all students,” the motion stated.

This motion comes 12 days after the Court’s decision to dismiss Horwtiz’s original contest, just two days within the 14-day deadline to appeal.