A 52-year-old former Republican state legislator in Alabama has recently confessed to committing voter fraud in the primary election that took place last year. This involved him renting a tiny space in someone else's home for a mere $5, which he used as his address to run for office in a district where he didn't actually live.
David Wayne Cole pleaded guilty to voting at an unauthorized polling place in the November 2022 election.
Following his plea, Madison County Circuit Court Judge D. Alan Mann ordered a split sentence for Cole, comprising 60 days in a state jail, followed by three years of supervised release. Additionally, he is obligated to pay $52,885.79 in restitution to the Alabama State General Fund.
This sentence resulted from an agreement made between state prosecutors and Judge Mann.
According to a statement from the Office of Alabama Attorney General Steve Marshall, Cole managed to win the election and was seated in the legislative chamber as the representative for House District 10 in November 2022. However, his arrest in August 2023 led to his resignation from the position.
Prosecutors explained that Cole decided to seek election to the House of Representatives in the summer of 2021 while residing in Cedar Springs, Alabama, within House District 10. Yet, he predicted that due to upcoming redistricting, his home would be drawn into another district before the election.
As it turns out, Cole's prediction came true, and his Cedar Springs home was indeed redrawn into another district in late 2021. In response, Cole asked a third party in mid-October 2021 if he could lease a place "to sleep in" just in case he couldn't find a residence within the newly redrawn House District 10.
"In November 2021, Cole signed a lease requiring him to pay $5 per month for a 5x5 area," as stated by prosecutors. "He then certified his 'new residence' via an online voter registration update with the Alabama Secretary of State. The evidence in this case shows that Cole never made any attempt to move into the home, nor did he ever eat or sleep in the leased space.
In reality, Cole only visited the address twice and didn't even go past the entry foyer on either occasion, according to the plea agreement.
While running for the May 2022 primary election in District 10, Cole voted via absentee ballot using the address of the 5x5 space he was "renting." Similarly, he voted in person in the June runoff election, again using the address of the home where he did not reside.
"In the weeks leading up to the primary election, and in response to media questions about his residency, Cole provided an altered copy of his lease, specifying that he was renting the 'house' rather than a '5x5 area,'" the release explained. "Cole also provided another lease for an apartment he obtained around September 1, 2022. On October 17, 2022, Cole updated his online voter registration, certifying that he resided in that apartment, and subsequently voted in the general election in November 2022 at a polling place where he was not authorized to vote."
A few weeks later, Cole claimed a county property tax break, in which he falsely certified that he had been residing in the Cedar Springs house, which is located outside of District 10, since October 1, 2022.
According to Alabama state law, candidates for office are required to have lived within the district they're running in for at least one year before the election.
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