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BUTLER v. TOWN OF EDGEFIELD

No. 24717.

328 S.C. 238 (1997)

493 S.E.2d 838

Eddie A. BUTLER, and the Edgefield Branch of the National Association for the Advancement of Colored People, Respondents, v. The TOWN of Edgefield and Charlotte Cheatham in her Official Capacity as Town Clerk, and The Edgefield Municipal Election Commission and Aubrey Coleman, John S. Timmerman, and Willie Lewis in their Official Capacities as Municipal Election Commissioners, Appellants.

Supreme Court of South Carolina.

Decided December 1, 1997.

Attorney(s) appearing for the Case

James D. Nance and Kevin S. Little, Aiken, for appellants.

Brenda Reddix-Smalls and Eleazer R. Carter, Columbia, for respondents.

TOAL, Justice:

This case concerns a contest of the May 3, 1994 municipal election held in the Town of Edgefield. Appellant Town appeals the circuit court's order that the election results for the Ward 3 council seat be vacated and Respondent Eddie Butler be afforded a new election. We reverse the circuit court's holding and vacate its order.

FACTUAL/PROCEDURAL BACKGROUND

On May 3, 1994, Town conducted municipal elections for mayor and council seats...

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