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BROWN v. STATE ELECTION BOARD

No. 39930.

369 P.2d 140 (1962)

Harry BROWN, Plaintiff, v. The STATE ELECTION BOARD of the State of Oklahoma, Clee Fitzgerald, Chairman, Herbert F. Hewett, Vice Chairman, and Leo Winters, Secretary, Defendants.

Supreme Court of Oklahoma.

Rehearing Denied February 19, 1962.

Attorney(s) appearing for the Case

Jack P. Trezise, Midwest City, Wendell Wightman and Patrick Brown, Oklahoma City, for plaintiff.

John E. Wagner, Oklahoma City, Robert W. Blackstock, Bristow, for defendants.

J. Howard Edmondson, Governor, Oklahoma City, amicus curiae, Norman E. Reynolds, Jr., Oklahoma City, of counsel.

Leon S. Hirsh, James C. Harkin, Paul Johanning, Oklahoma City, amici curiae for Senator Walt Allen and others.

Sid White, Oklahoma City, amicus curiae.

JACKSON, Justice.

This action is precipitated by a so-called "policy statement" issued by the State Election Board. The statement is signed by the Chairman and Vice-Chairman, who constitute a majority of the Board. The "policy statement", in pertinent part, states that the Board will not accept filings of candidates in 1962 who desire to be elected to either house of the Oklahoma Legislature.

Harry Brown, an announced...

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