The contested Putnam County Sheriff's race will head to court April 12 and will be heard by a Clay County judge in Putnam County.
On election night in Putnam County, Republican candidate Jonathan Kinney believed he beat his Democratic rival Homer 'Gator' DeLoach by just 18 votes. Days after the race, election officials found a memory stick with 428 votes.
After the recount, DeLoach was announced as the winner by just 27 votes.
Kinney filed an emergency injunction just days before DeLoach was due to take office to stop him until the recount issues were sorted out. A judge denied that motion.
Despite that early court loss, Kinney has continued battling against what he calls 'suspect' ballots in a lawsuit he filed against DeLoach and the Putnam County Canvassing Board. Kinney's suit also argues election officials left the room while machines were scanning the ballots during the recount, which is something they're not allowed to do.
It also alleges election officials threw out a stack of ballots without including them in the recount.
DeLoach took office January 3. The case goes to trial under presiding judge Gary Wilkinson.