The Mobile County Probate Court website still shows that the County’s “pay as you go” construction measure passed with 99.7 percent of the vote.

“This was like the perfect storm,” said Judge Don Davis, Mobile Probate Court.

But as we’ve learned that’s incorrect.  Judge Davis had to wait to figure it all out before he could say there was a problem.

“I don’t regret what I’ve said before because I base my decision on facts I have in front of me and up until Friday afternoon I had no indication that there was a problem here,” said Davis.

At least 12 complaints were filed with the State Secretary’s Office over these results, leaving Judge Davis in the hot seat.  But this Monday a representative for the voting machine is taking the blame.

“This issue an issue Election Systems & Software performed, it’s a human issue. The machines counted as they were told to count and the oval was not in the right place,” said Kathy Rogers, Election Systems & Software.

Essentially the wrong test ballot was used for the machines to count up the votes.

“The change actually occurred here with amendment two when Amendment Two was originally certified it was just this paragraph,” said Mark Kelly, also with the Election Systems & Software.

The mishap played out like a domino effect.  Initially, one of the amendments was misprinted. The ballots had to be reprinted before the elections, and that’s where confusion led to the error.

“When that was amended in two paragraphs, Amendment Two moved down the ballot, and it all had to be redone,” said Kelly.

“It only affected this one particular race, and you can see that on the ballot where it shifted down,” said Rogers.

The ballots will all be recounted on Wednesday for this one specific measure for the final results of the “pay as you go” measure.

“And I tell voters all the time you can trust that your ballot is counted accurately because folks like this make sure your votes are counted accurately but it is a very human process,” added Rogers.

But it’ll take longer to settle the matter in the court of public opinion.