CHEROKEE — The town of Cherokee and its town clerk, Melinda Malone, have been dismissed from a lawsuit filed after the August municipal election, according to town attorney John McReynolds.

The third party in the suit, Cherokee Councilwoman Patricia Mason, remains a defendant, awaiting ruling on a motion to dismiss her as well.

Cherokee resident Deborah Malone requested an election recount the day after the Aug. 28 municipal election. She was a candidate for the District 4 town council seat. Incumbent Mason won by two votes.

The recount request, by law, should have been made within 48 hours of the election canvassing on Sept. 4. Deborah Malone filed the contest, but failed to post security, saying she wasn’t advised to do so. The contest was made on grounds that there was misconduct on the part of an election official, marker or municipal governing body; illegal votes were cast; rejection of legal votes and offers to bribe, intimidation or other misconduct calculated to prevent a fair, free and full exercise franchise.

The matter was addressed Wednesday in Colbert County Circuit Court.

Lisa Singleton-Rickman can be reached at 256-740-5735 or lisa.singleton-rickman@TimesDaily.com.