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McKYE v. STATE ELECTION BD. OF STATE

No. 84718.

890 P.2d 954 (1995)

Brian McKYE, Petitioner, v. The STATE ELECTION BOARD OF the STATE OF OKLAHOMA; The Honorable Lance Ward, in his capacity as Secretary of the State Election Board; The Honorable Carolyn Ricks, Judge of the District Court of Oklahoma County, State of Oklahoma; The Honorable Glen D. Johnson, in his capacity as Speaker of the Oklahoma House of Representatives, and Debbie Blackburn, Respondents.

Supreme Court of Oklahoma.

February 28, 1995.

Attorney(s) appearing for the Case

Joe Heaton, Fuller, Tubb & Pomeroy, Oklahoma City, for petitioner.

Neal Leader, Sr. Asst. Atty. Gen., Oklahoma City, for respondents Johnson, Ward and the State Election Bd.

Lee Slater, York & Slater, Oklahoma City, for respondent Blackburn.

SUMMERS, Justice.

When the votes were counted after last November's general election Brian McKye was 29 votes short in his race for State Representative, District 88. Neither a recount nor a District Court hearing on alleged irregularities changed the result. He now asks that we assume original jurisdiction and grant relief by way of mandamus or quo warranto. We assume original jurisdiction, but deny relief for reasons to...

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