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IN RE PROTEST OF ATCHISON

No. COA08-247.

666 S.E.2d 209 (2008)

In re Election PROTEST OF Alexander R. ATCHISON.

Court of Appeals of North Carolina.

September 16, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Susan Kelly Nichols and Special Deputy Attorney General Karen E. Long, for the State Board of Elections.

Tharrington Smith, L.L.P., by Kenneth A. Soo and Adam Mitchell, Raleigh, for petitioner-appellee.

BRYANT, Judge.

The State Board of Elections (State Board) appeals from orders entered by Judge Robert H. Hobgood in Wake County Superior Court ordering a new election for two seats on the Clayton Town Council. The orders specified that all candidates listed on the official ballot in the original election were to be listed in the same order on the official ballot in the new election.

On 6 November 2007, five candidates ran for two seats on the Clayton Town...

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