Opinion

McNeill v. County Election Board

  • 145 Okla. 148
  • 292 P. 326
  • 1930 OK 446
  • 1930 Okla. LEXIS 187
Court
Supreme Court of Oklahoma
Filed
Oct 7, 1930
Status
Published
Author
Riley
On the bench
Andrews, Lester, Hefner, Swindall, Brown, Mason, Clark, Riley, Cullison
Cited by
1 cases

The opinion

RILEY, J.

(dissenting). It is my view that the writ as prayed for should issue for reason that a “detailed statement” as required by the statute concerning each error or alteration complained of was not contained in the petitioni presented to the election board upon which recount was sought.

McCrary on Elections (4th Ed.) p. 316, par. 435, lays down the rule that:

“An application for a recount of the ballots cast at an election will not be granted, unless some specific mistake or fraud be pointed out in the particular box to be examined. Such recount will not be ordered upon a general allegation of errors in the count of all, and giving particulars as to hone of the boxes.”

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.

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