Bradshaw v. Oklahoma State Election Board

2004 OK 69, 98 P.3d 1092, 75 O.B.A.J. 2217, 2004 Okla. LEXIS 76, 2004 WL 1807950

Opinions

ORDER

1 1 Original jurisdiction is assumed and a writ of mandamus is hereby issued. The Oklahoma State Election Board is directed to place petitioner's name on the Oklahoma general election ballot as an Independent candidate for the office of United States Representative for the 4th District of Oklahoma. The provisions of 26 0.8. Supp.2004 § 5-105 are, by their express terms, uninvocable against candidates for federal offices.

12 Glo Henley, Kenneth Monroe and Thomas E. Prince, to the extent that they are named in the caption hereof in their individual capacities, are not proper parties respondent. These individuals are proper parties respondent only in their official capacities as members of the Oklahoma State Election Board.

T3 Petitioner's request for costs and an attorney's fee is denied. Rule 1.191(}) of the Oklahoma Supreme Court Rules.

[4 WATT, C.J., OPALA, V.C.J., BOUDREAU and EDMONDSON, JJ. and SIMMS, SJ., concur; HODGES, HARGRAVE and KAUGER, JJ., dissent; LAVENDER, J., not participating; WINCHESTER, J., disqualified.