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ALLEN v. DISTRICT OF COLUMBIA BD. OF ELECTIONS

No. 95-AA-595.

663 A.2d 489 (1995)

Sandy ALLEN, Walter Glover and Roderick Liggens, Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, Respondent, Eydie Whittington and Council of the District of Columbia, Intervenors.

District of Columbia Court of Appeals.

Decided August 4, 1995.

Attorney(s) appearing for the Case

Richard E. Messick, with whom Karen J. Malachi, was on the brief, for petitioners.

William H. Lewis, with whom Alice P. McCrory-Miller, was on the brief, for respondent.

Michelle D. Bernard, with whom Paul M. Thomas and Richard J. Nirzzardini were on the brief, for intervenor Eydie Whittington.

Before STEADMAN, SCHWELB and REID, Associate Judges.

SCHWELB, Associate Judge:

In this case, we must resolve a controversy over an extraordinarily close election. Following an evidentiary hearing, the District of Columbia Board of Elections and Ethics held that Eydie Whittington was the victorious candidate, by a single vote, in the May 2, 1995 special election to choose a member of the Council of the District of Columbia for Ward 8. That seat had become vacant when the former Councilmember from that ward, Marion Barry...

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