Opinion No.

The Honorable Tom Wynne Prosecuting Attorney Thirteenth Judicial District P.O. Box 748 Fordyce, AR 71742

Dear Mr. Wynne:

This is in response to Chief Deputy Prosecuting Attorney Caren Harp's request for an opinion regarding the race for the District 10 Justice of the Peace position at the May 24, 1994 primary. Apparently, twelve ballots from the Ebenezer Baptist Church Precinct were mistakenly distributed to voters of the Wyatt Precinct, which is outside District 10. Several votes were thus mistakenly cast by electors who should not have voted in that race. The resulting tally was a tie vote.…