SETTLE v. BOARD OF COUNTY COMM'RS OF COUNTY OF MUSKOGEE

No. 43812.

462 P.2d 646 (1969)

Tom SETTLE, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF MUSKOGEE, of the State of Oklahoma, Norman Brazil, Chairman, and Kenneth Ward, Member, and Fred Shelton, Member, constituting the Board of County Commissioners of said County, Defendants.

Supreme Court of Oklahoma.

As Corrected December 31, 1969.


Attorney(s) appearing for the Case

Jan Eric Cartwright, Muskogee, for plaintiff.

George J. Fagin and Andrew J. Haswell, Jr., Oklahoma City, Chal Wheeler, Muskogee, for defendants.

G.T. Blankenship, Atty. Gen., Tim Leonard, Asst. Atty. Gen., for amicus curiae.

J.B. Marshall, Edmond, for amicus curiae Oklahoma Municipal League.


DAVISON, Justice.

Plaintiff files an original action in this court attacking the constitutionality of Art. 10, § 35, of the Oklahoma Constitution, which was adopted at a special election held May 1, 1962. Plaintiff contends Art. 10, § 35, is unconstitutional on the ground that the requirement therein, limiting voting at the election therein provided to "qualified taxpaying voters," violates the equal protection...

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