# Jackson v. Maley

> Supreme Court of Oklahoma · February 4, 1991 · 62 O.B.A.J. 557

URL: https://www.frixlaw.com/law-library/cases/9610005

## Case

- **Full name:** The Honorable Niles JACKSON, Petitioner, v. the Honorable John MALEY, Presiding Judge Over the Petition of Wendell Smith Alleging Irregularities in the General Judicial Election Held November 6, 1990, for Judicial Office No. 3, Oklahoma County, Oklahoma; The Honorable Lance Ward, Secretary of the State Election Board, State of Oklahoma; The Honorable Marti L. Hayes, Election Board Secretary, Oklahoma County; And Wendell Smith, Contestee of the November 6, 1990 General Judicial Election, Respondents
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 4, 1991
- **Citations:** 62 O.B.A.J. 557; 806 P.2d 610; 1991 OK 7; 1991 Okla. LEXIS 9; 1991 WL 11058
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hodges
- **Judges:** Lavender, Simms, Hargrave, Summers, Kauger, Hodges, Opala, Doolin
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9610005

## How later opinions describe it (automated extraction)

- explaining that an election may be invalidated where irregularities are "of such a character in either quality or quantity to prove the outcome of an election cannot be determined”

## Opinion text

HODGES, Vice Chief Justice,
concurring in part, dissenting in part:
Candidate Smith, the apparent loser in his bid for district judge, filed a petition in the trial court alleging irregularities which voided the election and in the alternative filed a petition for a recount.
Candidate Smith won a partial victory before the trial court who said because of irregularities in the election process he could not determine with mathematical certainty which candidate was entitled to a certificate of election and ordered a new election. Candidate Jackson, feeling aggrieved, appealed. Candidate Smith, as a victorious winner, had nothing to complain or appeal from the trial court’s judgment. He was satisfied with his partial victory.
The majority opinion correctly disapproves of the trial court’s decision, holding the irregularities alleged by Candidate Smith form no basis to void this election but then erroneously directs a certificate of election be issued to Candidate Jackson. I cannot agree with the later direction.
Candidate Smith has not abandoned his Petition for a Recount. With this Court’s reversal of the trial court judgment, the case should be returned to the trial court to conduct a statutory recount as requested.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9610005. Public record. Not legal advice.