A petition filed in the District Court of Hughes County alleging two irregularities in the Calvin election has resulted in a court order for a runoff between two candidates, although the candidate filing the petition isn’t one of them.

The Town of Calvin Board of Trustees held an election on April 6 to elect three at-large trustees for four year terms. There were six candidates seeking these three seats, with the ballot instructing voters to choose three, with the candidates receiving the three highest number of votes being elected. The results of the tabulation were: T.G. Adamson - 43; Rhonda Tweedle - 39; Marla D. Riddle - 33; David Webster - 32; Mike Troup - 30; and Kara Pembrook - 15.

Mike Troup filed the petition against the Town of Calvin Board of Trustees and the Hughes County Election Board, alleging two irregularities in the April 6 election. The Court held a hearing presided by District Court Judge Timothy Olson on April 19 to consider the petition. Present for this hearing were Trout, Hughes County Election Board Secretary Brandy Davis, and Assistant District Attorney Jim Tillison.

The first complaint was that “Voter 1” was not eligible to vote in the election because she did not reside within the limits of Calvin. It was not disputed that she is a registered voter with a home address in Calvin. However, as of the day of the election she was not staying at that address. Voter 1 explained that she had been house sitting for someone in Francis, but this was only temporary, and she intends to reside at the address in Calvin. Referring to guidelines set forth by the Oklahoma Supreme Court, the testimony and exhibits presented, it was established that Voter 1 meets the definition of a qualified elector for the Town of Calvin on the date of the election in question.

The second complaint that “Voter 2” was not a qualified elector was not disputed, and this was actually discovered by the election officials soon after he voted. Although Voter 2 has a Calvin address, he does not live within the Town of Calvin boundaries and should not have voted in the election. The Judge of the election testified that she had inadvertently given him a bal lot. There was no evidence that Voter 2 knowingly voted unlawfully, or the election officials knowingly allowed him to vote unlawfully.

In the decision that was filed on April 22, the document states that the situation is complicated by the fact that the election was held to elect three trustees with one ballot. Relevant statutory and case law found by the court does not address this unique situation. Therefore, the decision of the court was based on its interpretation of the intent of relevant statutory and case law.

The judge determined there is one vote that was clearly cast that was not lawful. Even if the Court determined that both votes in question were unlawful, the petitioner (Troup) cannot establish that he is entitled to be certified as the winner of any of the three seats.

Likewise, two unlawful votes would not establish that it is impossible to determine with mathematical certainty which candidate is the victor of the first two seats. Therefore, the election of T.G. Adamson and Rhonda Tweedle to the Town of Calvin Board of Trustees stands.

The Judge observed there was one vote difference in the vote tally for Marla Riddle and David Webster. Discarding the one unlawful vote makes it impossible to determine with mathematical certainty whether Marla Riddle or David Webster is the winner of the third seat.

Therefore, it is the decision of the Court that a special election be conducted for the third Board of Trustee seat for the Town of Calvin. The special election will only be between candidates Marla D. Riddle and David Webster.