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Middleton v. Smith

Petitioners who contested two local primary elections failed to affirmatively show that enough electors voted illegally so as to cast doubt on the result of the election.

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Finding irregularities in two contested primary contests in Long County, Georgia, the Superior Court of Long County declared the election invalid. In our view, petitioners failed to affirmatively show that the irregularities put the election results in doubt. Accordingly, we reverse.

A primary election was held in Long County on July 18, 2000. Frank Middleton received 1,289 votes for clerk of the superior court; his opponent, Charlotte Smith, received 1,172 votes. Birdie Nunnally received 308 votes for county commissioner; her opponent, Imogene Harold, received 288 votes. Smith and Harold filed petitions to contest the election. The superior court set aside the results and ordered a new election.

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