Opinion

Helm v. Slater

  • 664 P.2d 377
  • 1982 OK 145
  • 1982 Okla. LEXIS 334
Court
Supreme Court of Oklahoma
Filed
Dec 6, 1982
Status
Published
On the bench
Irwin, Barnes, Simms, Opala, Brett, Cornish, Hodges, Lavender, Har-Grave
Cited by
4 cases
Authority
More cited than 33.0%

The opinion

664 P.2d 377 (1982)

Jim HELM, Petitioner,

v.

Lee SLATER, Secretary, Oklahoma State Election Board, Jess Miracle, District Judge, Sharon Bumgarner, Secretary, Cleveland County Election Board, and the District Court of Cleveland County, Respondents.

No. 59341.

Supreme Court of Oklahoma.

December 6, 1982.

ORDER

Original jurisdiction is assumed. This court's pronouncement in Clark v. State Election Board, 653 P.2d 529 (Okl. 1982), is overruled because its construction of the applicable statutes constitutes an impermissible burden upon the right of suffrage within the meaning of Art. 3 § 1, Okl. Const. Writ is therefore denied.

Petitioner shall have 7 days from this date to seek rehearing.

DONE BY DIRECTION OF THE SUPREME COURT IN CONFERENCE THIS 6th DAY OF DECEMBER, 1982.

BARNES, V.C.J., SIMMS and OPALA, JJ., and BRETT and CORNISH, Special Justices, concur.

HODGES, LAVENDER and HARGRAVE, JJ., dissent.

IRWIN, C.J., concurs in overruling Clark v. State Election Board but dissents from giving retroactive effect to Clark's overruling.

On disqualification of DOOLIN and WILSON, JJ., the Chief Justice assigned Judge Tom Brett and Judge Tom Cornish to sit as Special Justices in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.