A court hearing has been scheduled for October 27, according to court records in Bibb County.
Incumbent mayor Mike Oakley and challenge Barry Cooner each received 326 votes in the most recent election.
However, it was the provisional ballots that ended up being controversial.
Mayor Oakley alleges that four of the eight provisional votes cast were unlawful or illegal. Cooner has filed motions to dismiss the mayor's complaints.
Mayor Oakley's attorney tells WBRC he intends to file a motion within the next 24 hours to examine the 'election materials' connected to the election.