Wells v. Ellis

This appeal is from a partial summary judgment entered in a consolidated election contest. Contestant Petey Ellis lost in his bid for mayor of Sumiton, and contestant Donald Watts lost in his bid for another municipal office in Sumiton. Ellis and Watts filed election contests and claimed that the winners (Gwin Wells and David Morgan, respectively) won their races because of the acceptance of illegal absentee votes, the rejection of legal votes, malconduct on the part of certain election officers, and miscalculation of the votes cast.

The contestants filed motions for partial summary judgment,…