Opinion

Wagoner County Election Board v. Plunkett

  • 305 P.2d 525
  • 1956 OK 329
  • 1956 Okla. LEXIS 654
Court
Supreme Court of Oklahoma
Filed
Dec 14, 1956
Status
Published
Author
Halley
On the bench
Halley, Jopinson, Williams, Welch, Davison, Jackson, Carlile, Corn, Blackbird
Cited by
14 cases

Overruled in part by Alexander v. Taylor, 51 P.3d 1204 (2002)

Later courts went against this

  • Overruled in part by Alexander v. Taylor, 51 P.3d 1204 (2002)

    Board v. Plunkett, 1956 OK 329, 305 P.2d 525; Brown v. State Election Board, 1962 OK 36, 369 P.2d 140; Davis v. McCarty, 1964 OK 5, 388 P.2d 480; and any other opinions reaching the same conclusions, are expressly overruled to the extent that they held the Oklahoma courts must decline to hear cases and grant remedies for violations of congressional redistricting disputes under Art. 1, § 2 and the 14th
    Supreme Court of OklahomaJun 27, 2002in partRead it

The opinion

HALLEY, Justice

(dissenting).

I concur in the views expressed by Mr. Justice Blackbird and only wish to add a word to what has been said by him. The majority opinion confesses weakness that does not exist under our Constitution. In my opinion the evidence is overwhelming, and the trial court found, that there were enough illegal absentee votes cast in Wagoner County to change the result of the primary election and when voided Payne would have had a majority. No Legislature has the right to take away from this Court the right to correct wrongs when they occur regardless of the area of the life in which they may arise. We are clothed with the power under our Constitution to see that all elections are conducted fairly. I dissent.

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.