Simmons v. Jones

OPINION

This is an election contest. In the 1992 general primary election for the Office of Sheriff of Crane County, there were two candidates for the Democratic nomination: Danny R. Simmons and Tommy Jones. The initial vote count reflected that Jones won by 5 votes out of 1691 votes cast. A recount gave Jones the election by a vote of 847 to 845. Following an election contest, the trial court declared Jones the winner by a count of 846 votes to 843 votes for Simmons. We affirm.

Facts

The controlling facts in this case are not in dispute. In the Findings of Fact made by the trial court, which…