McDunn v. Williams

JUSTICE FREEMAN,

also dissenting:

I respectfully dissent. I conclude that Williams is the proper occupant of Judge Kiley’s seat for two reasons. First, the 1990 general election rendered McDunn's election contest moot. Second, the uninitialled 1990 primary ballots at issue should be counted.

MOOTNESS

The trial court was not authorized to put McDunn on the 1992 general election ballot based on 1990 primary results. Although I agree with the reasoning of Justice Heiple as it pertains to McDunn, I reach a different result concerning Williams. I conclude that Williams is the proper occupant of Judge…