Jarrell v. Smith

McNEILL, Justice.

This is an election contest stemming from the runoff Democratic primary held in Commissioners’ precinct 2 of N ewton County, June 2, 1962, to select a nominee for County Commissioner. In this election C. J. Smith, Sr., received 362 votes and E. A. Jarrell received 352 votes and the former was declared the nominee. Contest of the election result was then promptly begun by Jarrell.

His petition alleged that 21 votes were illegally cast at the election for his opponent Smith and consequently he, Jarrell, should be declared the elected nominee. Of the 21 voters claimed to have…