State Representative David Cole was booked into the Madison County Jail on Tuesday.
Sources informed 256 Today last week that Cole was expected to be indicted on charges in connection to legal residency issues that plagued his time in office.
Cole was reported to be negotiating a plea deal.
Sources who spoke on the condition of anonymity say the state’s case against Cole centers on the charge of voter fraud – for which he was incarcerated on Tuesday. Despite a possible plea agreement, Cole could still face jail time even after resigning.
According to sources, Cole became the target of an investigation by Attorney General Steve Marshall soon after a May deposition in related litigation unraveled testimony and primary source evidence that confounded his claims to residency.
In 2022, Cole, a physician, was elected to the Alabama House of Representatives for District 10, which covers portions of South and West Huntsville, Madison, Triana and Redstone Arsenal.
In the weeks leading up to the 2022 general election, a challenge was filed by one of Cole’s opponents claiming he does not have a legal residence in this district, but rather, is a resident of House District 4.
Since that time, Cole has been the subject of exhaustive legal proceedings that elevated to the Alabama Supreme Court and the Legislature itself.
Cole attorney, Albert Agricola Jr., has argued it is the House of Representative’s duty to decide if Cole is a rightful member of its ranks, saying “once the official that is – whose election is being challenged is sworn into office, no court has jurisdiction over the matter thereafter.”
A spokesperson for Attorney General Marshall told 256 Today the office is unable to comment on ongoing investigations.
In May, Cole was deposed to answer questions about his residency, in which he claimed he signed a lease with a family friend only a day before the one-year residency deadline.
Tax records pinpoint Cole’s primary residence in District 4. In the deposition, Cole admitted to never spending a night in the District 10 home and still keeps his belongings in the District 4 residence.
Although the lease indicates Cole moved into the home in District 10 two days before the filing deadline, the homeowners claimed it as their homestead for tax purposes for the last four years, implying both families – including Cole’s family of five – would be sharing a 3,300-square foot home while his 3,000-square foot District 4 residence remains vacant.
As of Tuesday afternoon, Cole’s attorney told 256 Today neither he nor Cole had a comment at this time.
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