Evan Smith, a candidate for Cedar Bluff Town Council, has appealed a judge's ruling that eliminated him from a runoff race.

Smith, a Centre lawyer who was seeking the District 1 seat on council, was in a runoff with incumbent Billie Burkhalter.

Circuit Judge William H. Rhea of Etowah County threw out part of the absentee ballots because they were improperly distributed.

Without those ballots, Smith lacked the votes to keep him in the race.

A candidate for mayor, Jimmy Wallace, and council candidates Lenora McWhorter and Billie Burkhalter filed a lawsuit contesting the election because of the improper ballots that were counted.

Under Rhea's ruling, Burkhalter wins her seat outright, McWhorter wins District 2 instead of Donald Sanders and Jimmy Wallace is in the runoff for mayor instead of the late Steve Lay, who died before the matter could be resolved in court.

Smith's appeal could delay the runoff election for several months. The current mayor, Martha Baker, and other council members will retain their seats until an election is held.