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On August 29, 2023, Cole was arrested and charged with voter fraud for allegedly voting at multiple or unauthorized locations. Cole posted $2,500 bail the same day and was released from custody. Alabama Attorney General Steve Marshall (R) confirmed to local news outlets that his office was prosecuting the case. Cole resigned from the Alabama House of Representatives on August 31, 2023, and filed court documents that showed he intended to plead guilty to the charges. In a statement, Cole's attorney said "Dr. Cole admits and takes full responsibility for the mistakes he made in the political process."
