Wayne v. Green

The issue presented in this appeal is whether votes cast in a primary election for a legally withdrawn candidate for public office should be included in the total votes cast for all candidates in that particular race in arriving at the number of votes necessary to constitute a majority for declaring a winner. The trial court held the votes for the legally withdrawn candidate should be included in the total votes cast and granted appellee, James A. Wayne, Sr., injunctive and other relief. We affirm.

Three persons qualified for the position of school board member from District 1, Seat A,…