Opinion

State Ex Rel. Williamson v. State Election Board

  • 192 Okla. 275
  • 135 P.2d 982
  • 1943 OK 91
  • 1943 Okla. LEXIS 130
Court
Supreme Court of Oklahoma
Filed
Mar 9, 1943
Status
Published
On the bench
Arnold, Bayless, Corn, Davison, Gibson, Hurst, Osborn, Riley, Welch
Cited by
2 cases

The opinion

By this orginal action exercise of a superintending power over the State Election Board is sought in an instance where it has acted, upon returns made to it which are deemed prima facie correct, to certify failure of a constitutional amendment involving women's right to hold major state office.

Evidence is tendered here to show error in the number of votes returned as being cast in Grady county which, if true, would change the result of the vote upon the proposition.

No proclamation of the Governor as to the result of the vote upon the proposition is presented (Title 34, § 66, O. S. 1941), and no effort is shown to have been made to secure either the state's or county election board's action to correct the purported error.

This court is without power to substitute its determination of the result of the election for that of the agency created and existing for that purpose.

GIBSON, V. C. J., and OSBORN and BAYLESS, JJ., concur.

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.