Hardeman

After a court trial, judgment was entered annulling the June 16, 1987, run-off election for the fourth district councilmanic seat of the City of Inglewood. Ervin Thomas (Thomas), who had been declared the winner of that election; the City of Inglewood and the City Clerk for the City of Inglewood (collectively as the City) appeal from the entire judgment. Garland Hardeman (contestant), the elector who contested the election, appeals from that portion of the judgment ordering that a new run-off election be held; he asserts that the court was required to declare him the winner.

Underlying Facts

On June 16, 1987, a run-off election for the City of Inglewood council-manic seat number 4 was held between Thomas and contestant. On June 18, by a vote of 627 to 610, Thomas was declared the winner. A recount was conducted, and on June 24, 1987, the recount board ratified the result by a 626 to 610 margin.

As part of his campaign strategy, Thomas solicited applications for absentee ballots and organized follow-up efforts to ensure that these absentee ballots were completed and returned to the clerk. The mayor of Inglewood, Ed Vincent, was a significant Thomas supporter.

The…