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Whitley v. Cranford

119 S.W.3d 28 (2003)

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Whitley v. Cranford

Arkansas Supreme Court
119 S.W.3d 28 (2003)

  • Written by Galina Abdel Aziz , JD

Facts

Ronald Whitley (plaintiff) and James Cranford (defendant) were candidates in the Democratic Preferential Primary for the Justice of the Peace (JP) in District 4 in Hot Spring County. On election day, voters at two polling locations received ballots that did not include the District 4 JP race. When this was brought to the attention of polling officials, the faulty ballots were replaced with the correct ballots. However, 183 voters had already voted using the faulty ballots. Whitley received 299 votes, while Cranford received 244. Overall, 1,172 ballots were cast without the District JP 4 race, including the faulty ballots. Cranford filed an election contest. The circuit court voided the election, finding that the unintentional failure to include the District 4 JP race deprived 183 voters of the right to participate in the election, rendered the election results uncertain, and defeated the requirement of a fair election. Whitley appealed, alleging that the trial court erred in voiding an election in which there was no fraud. Cranford alleged that the election results were uncertain.

Rule of Law

Issue

Holding and Reasoning (Hannah, J.)

Dissent (Imber, J.)

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