In Re Protest of Atchison

BRYANT, Judge.

The State Board of Elections (State Board) appeals from orders entered by Judge Robert H. Hobgood in Wake County Superior Court ordering a new election for two seats on the Clayton Town Council. The orders specified that all candidates listed on the official ballot in the original election were to be listed in the same order on the official ballot in the new election.

On 6 November 2007, five candidates ran for two seats on the Clayton Town Council. After the election, the Johnston County Board of Elections certified the vote totals as follows:

1. Alex Harding 527 votes

2. Art…