The Resolution of Election Disputes: Legal Principles that Control Election Challenges 640 P.2d 1333 640 P.2d 1333, 1981 OK 138 (Cite as: 640 P.2d 1333) Page 1 Supreme Court of Oklahoma. Henry BOEVERS, Petitioner, v. The ELECTION BOARD OF CANADIAN COUNTY, State of Oklahoma, Consisting of Wilbur Owen, Chairman, Peyton W. Churn, and Don Arnold, Secretary, and Wayne Kremeier, Respondents. No. 57416. Nov. 17, 1981. Election contestant sought prerogative writ for corrective relief from announced election results in primary election for nomination to office of county commissioner. The Supreme Court, Opala, J., held that: (1) where judge regularly assigned to judicial service in county in which election contest petition was filed was asked by party to disqualify himself without cause, the judge was required to do so, and it was then incumbent upon counsel in the case to request the chief judge in the county that the chief justice assign a nonresident judge to hear the contest; (2) statutory language that "The county election board shall supervise each counting and its decision shall be final in all cases" merely indicates that there is no remedy by appeal from the board's decision, and results of election recount were not impervious to challenge on pure and unmixed question of law; and (3) in view of examination revealing that neither contested ballot bore improper marks and revealing that both clearly designated voter's intention to favor contestant, the two ballots were not void and should have been included in announced results of primary election for office of county commissioner. Writ granted commanding that contestant be declared his party's nominee. Hodges, J., dissented and filed opinion in which Simms, J., concurred. West Headnotes 227k51(4) Most Cited Cases Where judge regularly assigned to judicial service in county in which election contest petition was filed was asked by party to disqualify himself without cause, the judge was required to do so, and it was then incumbent upon counsel in the case to request the chief judge in the county that the chief justice assign a nonresident judge to hear the contest. 26 O.S.Supp.1980, §§ 1-101 et seq., 8-114, 8-119, 8-120. [2] Elections 260 144k260 Most Cited Cases Statutory language that "The county election board shall supervise each counting and its decision shall be final in all cases" merely indicates that there is no remedy by appeal from the board's decision, and results of election recount were not impervious to challenge on pure and unmixed question of law. 26 O.S.Supp.1980, §§ 1-101 et seq., 8-114, 8-118, 8-119, 8-120; Const.Art. 7, § 4. [3] Elections 186(4) 144k186(4) Most Cited Cases In view of examination revealing that neither contested ballot bore improper marks and revealing that both clearly designated voter's intention to favor contestant, the two ballots were not void and should have been included in announced results of primary election for office of county commissioner. Const.Art. 7, § 4; 26 O.S.Supp.1980, §§ 7-127, subds. 1, 3, 8-114, 8-118, 8-120. *1333 Original proceeding for a prerogative writ. Petitioner invokes this court's original jurisdiction to (1) secure the assignment of an out-of-county judge to hear his contest of the announced election results and (2) command the Canadian County Election board to certify him as his party's nominee for the office of county commissioner in District 1, Canadian County. JURISDICTION ASSUMED; WRIT GRANTED. William D. Graves, Oklahoma City, for petitioner. [1] Courts 70 106k70 Most Cited Cases *1334 Richard M. Fogg, Fogg, Fogg & Howard, El Reno, for respondent Wayne kremeier. [1] Judges Bill James, Asst. Dist. Atty., El Reno, for respondent Cana- 166 51(4) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.