Kelley v. Scott

OPINION

SCHULTE, Justice.

This is an election contest case centering on a late absentee ballot. Although involved is the April 5,1986, Anthony municipal election for Alderman, the parties did not have this appeal at issue until almost a year later. We reverse and render.

Appellant (plaintiff below) and Appellee were candidates for the position of Aider-man, Place Four, Precinct One. Appellant was initially declared the winner. Following a recount requested by Appellee, he was declared the winner by a vote of 191 to 190.

Since our determination of the second point is dispositive, our consideration…