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CLAPSADDLE v. BLEVINS

Nos. 90406, 90520.

66 P.3d 352 (2003)

1998 OK 5

Bobbye CLAPSADDLE, Marian Piotrowski, and Jerry Benton, Petitioners, v. The Honorable James BLEVINS, District Judge of the District Court of Oklahoma County, and the Oklahoma County Election Board, Respondents. Kim LEE, Brian Linley, Linda Whitehead and Harry Nelson, Petitioners/Appellees, v. Reba BASINGER, City Clerk for the City of Del City, and the City of Del City, Respondents, v. Bobbye CLAPSADDLE, Marian Piotrowski, and Jerry Benton, Intervenors/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 3, 2003.

As Corrected May 12, 2003.

Attorney(s) appearing for the Case

Kevin J. Calvey, Del City, for Appellants/Petitioners/Intervenors.

Jack B. Fried, Del City, for Respondents Reba Basinger and City of Del City.

John M. Jacobsen, Oklahoma City, for Oklahoma County Election Board.

James Howell, Midwest City, for Appellee Lee.

Geary L. Walke, Midwest City, for Appellee Lindey.

Steven M. Ditto, Midwest City, for Appellees Whitehead and Nelson.

OPALA, Justice.

¶ 1 Two questions are presented by these causes: (1) Whether the city clerk's finding that recall election petitions are sufficient for submission may be challenged in the district court and, if so, (2) whether the trial court was correct in sustaining the challenge. We answer the first question in the affirmative and the second in the negative.

I.

ANATOMY OF CONTROVERSY

¶ 2 Petitioners are three individuals who...

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