# Wagoner County Election Board v. Plunkett

> Supreme Court of Oklahoma · December 14, 1956 · 305 P.2d 525

URL: https://www.frixlaw.com/law-library/cases/9538229

## Case

- **Full name:** WAGONER COUNTY ELECTION BOARD and John W. Russell, Appellants, v. Warren D. PLUNKETT and Tom Payne, Jr., Appellees
- **Court:** Supreme Court of Oklahoma
- **Decided:** December 14, 1956
- **Citations:** 305 P.2d 525; 1956 OK 329; 1956 Okla. LEXIS 654
- **Precedential status:** Published
- **Opinion:** Dissent by Halley
- **Judges:** Halley, Jopinson, Williams, Welch, Davison, Jackson, Carlile, Corn, Blackbird
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by Alexander v. Taylor, 51 P.3d 1204 (2002).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9538229

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9538229. Public record. Not legal advice.