Arthur v. Payne County Election Board

1998 OK 86, 964 P.2d 213, 69 O.B.A.J. 2887, 1998 Okla. LEXIS 95, 1998 WL 437286
CourtSupreme Court of Oklahoma
DecidedAugust 4, 1998
DocketNo. 91638
StatusPublished

This text of 1998 OK 86 (Arthur v. Payne County Election Board) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur v. Payne County Election Board, 1998 OK 86, 964 P.2d 213, 69 O.B.A.J. 2887, 1998 Okla. LEXIS 95, 1998 WL 437286 (Okla. 1998).

Opinions

WATT, Justice:

¶ 1 Petitioner, Jim Arthur, is a candidate for the office of Payne County Commissioner for District 3. Arthur has filed an original action asking this court to take original jurisdiction and issue “a writ of mandamus and prohibition” requiring to the Payne County Election Board to restore Arthur’s name to the ballot as a Republican candidate. Arthur’s two Democratic opponents, Tom Rey-burn and Carl Moreland, filed identical protests to Arthur’s candidacy. The sole ground stated in the protests was that Arthur was not “a qualified elector,” contrary to the requirement of subsection D of 19 O.S.Supp. 1995 § 131.1 Following a hearing on July 15, 1998, by a two-to-one vote, Respondent, the Payne County Election Board, removed Arthur’s name from the ballot on the ground that Arthur was not “a qualified elector” as that term is used in § 131. The basis of the protests was that Arthur had been registered to vote for a number of years in District 1, rather than District 3, although the polling place at which he voted has, apparently, never changed. It is undisputed that Arthur has lived in the same house in District 3 for nearly thirty years, and voted at the same location until February 1998.

¶2 During the 1980s the boundary line between District 1 and District 3 was changed. The polling place where Arthur voted, which had been in District 3, was located in District 1 after the boundary was changed.' Arthur’s home, however, was unaffected by the change and remained in District 3. The Board continued to show Arthur’s name on the precinct list at the polling place where he had always cast his ballots, however, and Arthur continued to vote there, although after the change in precinct boundaries Arthur’s polling place was in District 1. [215]*215We infer that the Board, despite the boundary change, erroneously believed that the precinct in which Arthur had always voted continued to be the appropriate place for Arthur to cast his ballots. No showing is-made in the record that which precinct Arthur voted in was material for any purpose other than determining Arthur’s qualification to run for County Commissioner. On February 19, 1998,after discovering that the Board had erroneously placed his name on the District lvoting rolls, Arthur requested that his name be placed on the District 3 rolls, and the Board did so.

¶ 3 At the conclusion of the July 15,1998 healing the Board concluded that Arthur had not been a qualified elector in District 3 for six months prior to his filing for office. • The Board held that “the Petitioner had not voted from 1988 to 1996[,] thus his registration should be considered illegal and the contes-tee should be stricken as not being qualified.” The Board based its conclusion on the fact that Arthur had not voted from 1988 until 1996. The record, however, shows without dispute that Arthur voted in 1996 and subsequent elections.

ISSUE

¶4 When Arthur filed for the office of County Commissioner, District 3, had he “been a qualified elector in that district for at least six (6) months immediately preceding the first day of the filing period prescribed by law” as required by subsection D of 19 O.S.Supp.1995 § 131?

DISCUSSION

¶ 5 We must resolve two sub-issues in determining whether Arthur had “been a qualified elector in District 3 for at least six (6) months immediately preceding the first day of the filing period prescribed by law” as required by subsection D of 19 O.S.Supp.1995 § 131, when he filed for office: (1) Did the change in Arthur’s polling place from District 1 to District 3 less than six months before he filed for office deprive him of his status as “a qualified elector for at least six (6) months” in District 3? (2) Did Arthur’s failure to vote from 1988 until the 1996 elections disqualify him from seeking the District 3 Commissioner office? We answer “no” to both questions.

I. The Change in Arthur’s Registration from District 1 to District S Less Than Six Months Before He Filed for Office Did Not Disqualify Him from His Status as a Qualified Elector

¶ 6 Arthur’s opponents, Moreland and Reyburn, based their contest of Arthur’s candidacy on the ground that Arthur’s having changed his registration from District 1 to District 3 less than six months before the election disqualified him under subsection D of 19 O.S.Supp.1995 § 131. At the hearing of the contest on July 15, 1998, the Board’s counsel told the board that, in his opinion, Arthur could not be disqualified because the Board failed to correct its mistake by reassigning him to a precinct in District 3 to one in District less than six months before the filing period. The Board did not expressly address this issue in its order removing Arthur’s name from the ballot. Based on the comments of the Board’s counsel we infer that the Board intended to reject this contention of Arthur’s opponents. If this was the Board’s intention, we agree with it.

¶ 7 The Board may order a candidate’s name stricken from the ballot if it finds “that a eontestee was not qualified to become a candidate for the office for which he filed.” 26 O.S.1991 § 5-127.2 If the record reflects that the board committed “an abuse of discretion and an arbitrary act” in striking a candidate’s name from a ballot ■under § 5-127 we will assume original jurisdiction and issue a writ of mandamus. Box v. State Election Board of Oklahoma, 1974 OK 104 ¶ 26, 526 P.2d 936.

¶ 8 Arthur’s registration in District 3 in February 1998 was made necessary only because of the Board’s mistake in having erroneously assigned Arthur to District 1 after [216]*216redistricting in the 1980s. It was the Board’s responsibility, not Arthur’s, to assign Arthur to a precinct in District 3, where he has lived continuously for nearly thirty years. The Board’s act in registering Arthur in District 3 in February 1998 was in the nature of an order nunc pro tunc to correct an administrative error. The Board is expressly authorized “to correct clerical or administrative errors.” Title 26 O.S.1991 § 4-115.1 provides in material part that “The secretary of each county election board is authorized to correct clerical or administrative errors.” Under the circumstances presented by this record, Arthur’s qualification related back to his original registration in 1964. He had not moved, and continued to vote at the same location. Thus, the fact that the Board failed to catch and correct its mistake until less than six months before the filing period is not available to Arthur’s opponents as a ground to disqualify Arthur under subsection D of 19 O.S.Supp.1995 § 131.

¶ 9 Arthur’s opponents rely on Hendrix v. State, 1976 OK 111, 554 P.2d 770, in which we held that a candidate for the legislature was disqualified from seeking office because he failed to register in the legislative district in which he sought to run until less than six months before he filed. In Hendrix, the candidate moved into the district before the election but delayed registering to. vote there until less that six months before the election. Here, in clear contrast to the facts in Hendrix, Arthur has not recently moved into the district, and was required to fill out a registration less than six months before he filed only because of the Election Board’s own clerical error.

II. Arthur’s Failure to Vote from 1988 until 1996 Does Not Disqualify Him from Filing for Office

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Related

Burdick v. Independent School District No. 52
702 P.2d 48 (Supreme Court of Oklahoma, 1985)
Hendrix v. State Ex Rel. Oklahoma State Elec. Bd.
1976 OK 111 (Supreme Court of Oklahoma, 1976)
Box v. State Election Board of Oklahoma
1974 OK 104 (Supreme Court of Oklahoma, 1974)

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Bluebook (online)
1998 OK 86, 964 P.2d 213, 69 O.B.A.J. 2887, 1998 Okla. LEXIS 95, 1998 WL 437286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-v-payne-county-election-board-okla-1998.