Otjen v. Kerr

Plaintiff in error, W. J. Otjen, candidate for Governor, challenged the correctness of the count or announced result which purported to show the election of his opponent, Robert S. Kerr, by 16,111 votes, at the general election of November 3, 1942. His challenge was presented under 26 O. S. 1941 § 392.

The election board, upon hearing thereof, was of the view that the verified statement or petition was not a sufficient statement under the law to entitle Mr. Otjen to any recount or to any further hearing and denied same and dismissed the petition. From that conclusion or decision this appeal is…