Kenneth T. Whalum, Jr. v. Shelby County Election Commission

This is an election contest case between the declared winner of a school board race in Shelby County and an unsuccessful candidate. The trial court invalidated the election on the ground that there was “clear uncertainty about the election outcome.” On appeal, the declared winner of the race argues: (1) the unsuccessful candidate has no standing to prosecute his election contest; (2) the trial court erred in failing to dismiss the case pursuant to Tennessee Code Annotated Section 5-1-111(a); and (3) the trial court erred in invalidating the election pursuant to Emery v. Robertson County Election Commission, 586 S.W.2d 103 (Tenn. 1979). We hold that the unsuccessful candidate maintains standing to prosecute this appeal, and that his claim is not moot. Additionally, we affirm the trial court’s denial of the declared winner of the race’s motion to dismiss, but reverse as to the trial court’s judgment declaring the election invalid and ordering a new election. Affirmed in part, reversed in part, and remanded.