Evers v. Lacy

McNULTY, Judge.

C. W. Lacy, an incumbent running for re-election in 1970 to the Manatee County School Board, received 13,375 votes. Appellant Evers, his opponent, received 13,372 votes. Whereupon, pursuant to statute,1 Evers brought this suit challenging the absentee ballots but for which, undisputedly, he would have won.

Appellant’s standing to bring this suit depends upon his being an “unsuccessful candidate.”2 This necessarily implies that he must have been eligible to be a candidate in the first instance. So appellee Lacy’s first affirmative defense is that Evers was not eligible to qualify…