Mitchell v. Carrington

KENNEDY, Presiding Judge.

This is an election contest, growing out of the April 3, 1979, election for the fourth ward councilman in the City of Fulton. Ron Phillips, the contestee, was declared the winner, but contestant Lorna Mitchell claimed that 41 votes cast for her had been either counted for the contestee, or had not been counted at all, and that a recount would show her to be the winner. She asked for a recount, or in the alternative for a new election.

Upon receipt of the petition, the circuit clerk, failing to observe the directions of § 115.579, RSMo 1978, issued a summons upon Civil…