Kiehne v. Atwood

OPINION

EASLEY, Justice.

Kalvin Zeno Kiehne, plaintiff-appellee, sued Robert A. Atwood, defendant-appellant, to invalidate the latter’s election as Catron County Clerk. The trial court held Atwood’s election invalid and declared Kiehne the winner. Atwood appeals. We affirm in part and reverse in part.

Since Atwood’s winning margin was two votes, we could dispose of this cause by affirming the invalidation of any three of the votes. Normally this Court exercises judicial restraint by addressing only those issues the answers to which will conclude the dispute between the parties. However, numerous…