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MAYOR AND COUNCIL OF CITY OF WADLEY v. HALL

No. S91A1174.

410 S.E.2d 105 (1991)

261 Ga. 681

MAYOR AND COUNCIL OF the CITY OF WADLEY v. HALL et al.

Supreme Court of Georgia.

November 15, 1991.

Attorney(s) appearing for the Case

Benjamin F. McElreath, Paine, McElreath & Rhodes, P.C., Augusta and Roosevelt Warren, Sparta, for Mayor and Council of City of Wadley.

James B. Wall, Burnside, Wall & Daniel, Augusta, for Hall, et al.

BENHAM, Justice.

This is an appeal from an order invalidating an election.

1. Election returns carry a presumption of validity. Cowart v. City of Waycross, 159 Ga. 589, 126 S.E. 476 (1924). OCGA § 21-3-420 governs the procedural parameters of an election contest:

A petition to contest the results of a primary or election shall be filed in writing with the city clerk within 5 days after the results of the election are declared by the governing...

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