Aliotta v. Gilreath

Duckworth, Chief Justice.

Whether or not the charter of the Town of Thunderbolt authorizes the Mayor to cast a vote in an election to fill a vacancy in the office of “Mayor, Alderman or Clerk of Council,” the same, does not authorize him to vote in the election and then cast an additional vote to “break the tie” so as to give him two votes; and since no election resulted as such vacancy for alderman must be filled by “a majority vote,” and the defendant Galibert did not receive a majority of the votes cast (3-3 with the Mayor voting), the injunction, under the law and the undisputed facts…