The Resolution of Election Disputes: Legal Principles that Control Election Challenges 650 S.W.2d 510 650 S.W.2d 510, 11 Ed. Law Rep. 354 (Cite as: 650 S.W.2d 510) lants here. In that case, as here, the trial court made and filed findings of fact. Among such findings was that 19 illegal votes were cast and that since the majority voting for the proposition presented in a local option election was only by four votes, the 19 illegal votes constituted such an irregularity as to make it impossible to determine the true results of the election. Peek v. Harvey, supra, at 675. No challenge on appeal was made to such findings and the court in Peek followed the well-established rule of appellate review that such findings were binding upon it. Peek v. Harvey, supra at 675. The roles are reversed here, that is, the trial court denied the contest based on findings of fact which support the judgment below, and in Peek the trial court voided the election based on the findings mentioned above which supported that judgment. Applying Peek v. Harvey here, we reach a result contrary to the position of the appellants. The holding in Peek v. Harvey, supra, was simply that where the trial court's findings are not challenged on appeal, the same are binding on the appellate court. On submission of this case we permitted counsel to cite additional authorities. Appellants cited Article 9.38b of the Texas Election Code in support of their argument that the trial court should have declared the bond election void. Such article provides in essence that the trial court may compel a voter who voted illegally at a special election to reveal the way he voted on any question at said election, or the court may declare the election void if the number of illegal votes is sufficient to change the outcome*514 of the election. In construing Article 9.38b, the Corpus Christi Court of Civil Appeals in Goodman v. Wise, 620 S.W.2d 857, 859 (1981, writ ref'd n.r.e.), said: "This statute provides the trial court with wide discretion in this regard, and we will not overrule the trial court's decision unless a clear abuse of discretion has occurred (citations omitted)." We conclude that the trial court did not abuse its discretion in denying the contest based on the unchallenged findings of fact made by it. Therefore, we overrule appellants' points of error and affirm the judgment of the trial court. McKAY, J., not participating. END OF DOCUMENT 198 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4