Oviatt v. BEHME

At the general election in November, 1956, Clyde Oviatt, appellant, received 39,775 votes as a candidate for the office of Treasurer of Vanderburgh County. Appellee John C. Behme received 33,453 votes and appellee Lee J. Jackson, 244 votes. Appellee Behme brought an action to contest the election of appellant Oviatt on the ground that he, the contestor, was the “qualified candidate who received the highest number of votes.” (Our italics.) Acts 1945, ch. 208, §346, p. 680, being Burns’ §29-5506, 1949 Replacement.

The contestor’s contention was predicated upon the point that a constitutional…