Lawyer Earl Hilliard Sr. today asked a circuit court judge to dismiss the case challenging Antwon Womack’s win in a Birmingham Board of Education race, citing a lack of jurisdiction.

Just 25 votes separated candidates in the District 8 school board runoff. Womack, a paralegal and pastor, received 755 votes, or 50.84% of the vote. Pam Bass received 730 votes, 49.16%.

Bass filed suit to challenge Womack’s victory, saying he did not live in the district.

Hilliard said Jefferson County Circuit Judge Chuck Price told attorneys during a hearing Thursday that he will notify each side when he rules on the case.

“But I asked the court to dismiss the complaint for lack of jurisdiction,” Womack’s lawyer said. “The code section she filed under gave the initial qualification that a person has to have in order to run in that district. It’s clearly set out 90 days before he files. Ninety days before he filed, he had been in the district longer than a year before he filed so he satisfied the 90-day requirement.

“She claimed that because he lost the house he was living in through eviction just three, four days before the election that he did not have residency,” Hilliard continued. “I told the judge (that) the statute does not deal with anything beyond qualification. He qualified, so everything else … the court has no jurisdiction over because the law doesn’t address it.”

Hilliard said a person legally could move outside of a district after winning election.

“You’ve satisfied the law,” he said. “There’s no restraint after you move out. The section that she filed under did not cover what happened after you qualify. I’m expecting for him (Price) to dismiss the complaint.”

Bass, responding via social media, highlighted a portion of the candidate requirement form. It read: “Upon election the officer must continue to reside within the town or city limits for the term of the office. Similarly, an individual seeking the position of councilman is required to reside within the established boundaries of the ward from which they are elected and remain in that ward until the term of office expires.

“In Alabama,” the highlighted passage continued, “residency requires actual physical residence with the intention to remain permanently or at least for an unlimited time.”

Hilliard said that Bass’ complaint alleged the residence from which Womack was evicted wasn’t in the district. That, he said, is not correct.

“That’s absolutely not true,” the attorney said. “I had a copy of the certification from the Board of Registrars telling him what Senate district he lived in, what House district he lived in, what County Commission district he lived in, and what City Council district he lived in. It was the address in the complaint that she said was not true.”

Hilliard said his client moved in with his grandfather, who lives in the district, after he was evicted.