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Arthur v. Payne County Election Board

Citations: 964 P.2d 213; 1998 OK 86; 69 O.B.A.J. 2887; 1998 Okla. LEXIS 95; 1998 WL 437286Docket: No. 91638

Court: Supreme Court of Oklahoma; August 4, 1998; Oklahoma; State Supreme Court

Narrative Opinion Summary

The case involves a candidate for Payne County Commissioner who sought a writ of mandamus to have his name reinstated on the ballot after being removed by the election board. The board's decision was based on objections that the candidate was not a 'qualified elector' due to an erroneous voter registration in a different district. This error was a result of a boundary change decades earlier, which did not reflect the candidate's actual residence. Despite not voting between 1988 and 1996, evidence showed that the candidate participated in elections post-1996. The court found that the procedural requirements to declare a voter inactive had not been followed, and that the board's misclassification did not constitute a valid disqualification. The court emphasized that the board's correction of its clerical mistake validated the candidate's eligibility dating back to the initial registration. Consequently, the court ruled in favor of the candidate, recognizing him as a qualified elector and ordering his name to be placed back on the ballot, granting the writ of mandamus.

Legal Issues Addressed

Correction of Administrative Errors under Title 26 O.S.1991

Application: The election board's mistake in Arthur's district registration was rectified, which did not affect his status as a qualified elector.

Reasoning: The Board’s registration of Arthur in District 3 in February 1998 was a corrective action for an earlier administrative error, authorized under Title 26 O.S.1991.

Mandamus for Ballot Inclusion

Application: The court granted a writ of mandamus to reinstate Arthur's name on the ballot due to the election board's arbitrary actions.

Reasoning: The Board is ordered to correct the registration error and restore Arthur's name on the ballot for the District 3 County Commissioner election, with jurisdiction assumed and a writ of mandamus granted.

Qualified Elector under 19 O.S.Supp. 1995. 131

Application: Arthur's candidacy was challenged based on his voter registration status, but the court found him to be a qualified elector despite the election board's erroneous classification.

Reasoning: Arthur's change of voter registration from District 1 to District 3 less than six months before filing for office does not disqualify him as a qualified elector.

Voter Activity and Inactivity under 26 O.S.Supp.1997. 4-120.2

Application: The court determined that Arthur's voting history did not disqualify him from candidacy, as proper procedures to declare a voter inactive were not followed.

Reasoning: According to 26 O.S.Supp.1997. 4-120.2, a voter cannot be declared inactive without an address confirmation process, which did not occur for Arthur.