Burns v. County Election Board

Supreme Court of Oklahoma

Burns v. County Election Board

1986 OK 56, 725 P.2d 1264, 1986 Okla. LEXIS 159

CourtSupreme Court of Oklahoma

DecidedJuly 25, 1986

DocketNo. 66933

StatusPublished

This text of 1986 OK 56 (Burns v. 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

Burns v. County Election Board, 1986 OK 56, 725 P.2d 1264, 1986 Okla. LEXIS 159 (Okla. 1986).

Pincite

Opinion

DOOLIN, Vice Chief Justice.

Frank Burns petitions the court to assume original jurisdiction and issue writ of mandamus to the County Election Board of Oklahoma County to place his name on the ballot for the Democratic Primary Election of August 26, 1986 as candidate for the office of County Assessor. The said Election Board has heretofore on July 17, 1986 stricken his name as candidate in reliance on 19 O.S.1981 § 131(C).

Upon oral argument presented in open court this date and all parties having filed briefs, we hereby assume original jurisdiction under Article 7, Section 4, Constitution of the State of Oklahoma. We find that subsections (A), (B), and (C) of 19 O.S.1981 § 131 should be read together, and that the [1265]*1265doctrine “Expressio unius est exclusio al-terius ” controls. By enumerating as county officers in subsections (A) and (B) the court clerk, sheriff, county clerk, superintendent of schools, assessor, treasurer, commissioners and surveyor, the legislature in subsection (C) prohibited those county officers from running for any other county or state office unless they resign. Subsection (C) does not, however, prohibit petitioner from running for county assessor while he remains a member of the county excise board, a position not enumerated in subsection (A) or (B) of the act.

The County Election Board of Oklahoma County is hereby directed to place the name of Frank Burns on the ballot to be used at the Democratic Primary Election on August 26, 1986, for Democratic Nominee for the Office of County Assessor, Oklahoma County, Oklahoma.

HODGES, OPALA, KAUGER and SUMMERS, JJ., concur. SIMMS, C.J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

DOOLIN, Vice Chief Justice.

Frank Burns petitions the court to assume original jurisdiction and issue writ of mandamus to the County Election Board of Oklahoma County to place his name on the ballot for the Democratic Primary Election of August 26, 1986 as candidate for the office of County Assessor. The said Election Board has heretofore on July 17, 1986 stricken his name as candidate in reliance on 19 O.S.1981 § 131(C).

Upon oral argument presented in open court this date and all parties having filed briefs, we hereby assume original jurisdiction under Article 7, Section 4, Constitution of the State of Oklahoma. We find that subsections (A), (B), and (C) of 19 O.S.1981 § 131 should be read together, and that the [1265]*1265doctrine “Expressio unius est exclusio al-terius ” controls. By enumerating as county officers in subsections (A) and (B) the court clerk, sheriff, county clerk, superintendent of schools, assessor, treasurer, commissioners and surveyor, the legislature in subsection (C) prohibited those county officers from running for any other county or state office unless they resign. Subsection (C) does not, however, prohibit petitioner from running for county assessor while he remains a member of the county excise board, a position not enumerated in subsection (A) or (B) of the act.

The County Election Board of Oklahoma County is hereby directed to place the name of Frank Burns on the ballot to be used at the Democratic Primary Election on August 26, 1986, for Democratic Nominee for the Office of County Assessor, Oklahoma County, Oklahoma.

HODGES, OPALA, KAUGER and SUMMERS, JJ., concur. SIMMS, C.J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

1986 OK 56, 725 P.2d 1264, 1986 Okla. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-county-election-board-okla-1986.