A local attorney and former candidate has filed another lawsuit in Cherokee County Circuit Court regarding the Cedar Bluff Election Case.
According to reports, Evan Smith, a candidate for District I Town Council, filed the suit asking the court to issue a judgement declaring defendants Billie Burkhalter, Lenora McWhorter and Jimmy Wallace in violation of the Fair Campaign Practices Act and to issue an injunction prohbiting Cedar Bluff Town Clerk Delana Martin along with Cherokee County Probate Judge Melvyn Salter from placing Billie Burkhalter’s name on the runoff election ballot and from any potential certificate of election to Burkhalter.
The suit requests that the court prohibit Martin and Salter from issuing any certification of election to Defendant Lenora McWhorter and prevent her from taking office if she has not complied with the Fair Campaign Practices Act.
The suit requests the court to prohibit Jimmy Wallace from filing any future election contest regarding the ballots and election results relating to the District One race and the mayoral race until he has complied with the Fair Campaign Practices Act as well.
Smith’s suit claims that Candidates Burkhalter, McWhorter and Wallace failed to comply with the act by not filing financial disclosure statements by Jan. 31 as required.
The suit claims that Candidates Smith, Ethel Sprouse and Donald Sanders were the only candidates who had complied with the Fair Campaign Practices Act by filing those required financial disclosure statements by Jan. 31.