Holton v. Hollingsworth

Carley, Justice.

In the 1997 municipal election in the City of Midway, a total of 271 ballots were cast. In the mayoral race, however, only 269 voters selected between the two candidates. The incumbent, Britt Hollingsworth, received 136 votes and the challenger, Buddy Holton, received 133 votes. Holton filed a petition to contest the election, alleging that a sufficient number of voters were unqualified so as to place the results of the election in doubt. The trial court upheld the election, and Holton appeals.

1. Subsequent to the date of the challenged election, the General Assembly repealed…