Fultz v. Newkirk

ROBERTSON, Judge.

The appellant John D. Fultz is appealing from a trial court decision declaring appel-lee Frank D. Newkirk, Sr. to be the elected Mayor of the City of Salem, Indiana.

The counting of the ballots after the November, 1988, mayoral election for the City of Salem showed that Fultz received 1218 votes and Newkirk 1218 votes. New-*707kirk sought a recount with Fultz cross-petitioning for a recount. The recount commission issued its certificate of recount with both parties receiving 1205 votes. Both parties sought a final hearing before the Washington Circuit Court. After receiving…