Looney v. County Election Board of Seminole County

Full title: LOONEY v. COUNTY ELECTION BOARD OF SEMINOLE COUNTY et al

Court: Supreme Court of Oklahoma

Date published: Sep 9, 1930

Facts

The primary election was held in the state of Oklahoma on the 29th day of July 1930, and all the proceedings for the nomination of candidates thereat and the tabulation and certification of the results thereof are governed by the provisions of chapter 241, Session Laws of 1929, otherwise known as the run-off primary law.

Issue

Decision

It is, therefore, ordered that the county election board of Seminole county, Okla., and each and all of the members thereof, be, and they are, prohibited from recounting any of the ballots cast at the primary election held in Seminole county on the 29th day of July, 1930, for the office of district judge until such time as it shall be made to appear to that board from evidence that the ballots sought to be recounted “had been preserved in the manner and by the officers prescribed by the statute, and that they were the identical ballots cast by the voters, and that while in said custody they had not been so exposed to the reach of unauthorized persons as to afford a reasonable opportunity of their having been changed or tampered with; that they, and each of them, be, and they are, prohibited from determining the qualifications of any voter who voted at said election, and that they and each of them be, and they are, prohibited from determining how any voter voting at said election voted thereat.

It is further ordered that, in all other particulars, the petition for the writ of prohibition be denied.

A writ is ordered to be issued in accordance herewith.

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