Legal Opinion · Dissent

Golden v. Okfuskee County Election Board

Supreme Court of Oklahoma

Decided August 5, 1986No. 66983Published

1DissentOpala, Justice

I would reinstate the petitioners’ declaration of candidacy. The expungement orders in the petitioners’ criminal cases constitute an “accrued right” under Art. 5 § 54, Okl. Const., and are hence protected from change by after-enacted legislation. The legal effect of a judgment, civil or criminal, must be determined by the law in force when judgment is rendered.1

There is another cogent constitutional ground for rejecting today’s challenge to the petitioners’ candidacy and for ordering their reinstatement on the ballot. Their legal disability to stand for election to a public office is claimed…

2Cases cited3 opinions

  1. Timmons v. Royal Globe Insurance Co.Supreme Court of Oklahoma · 1985
  2. Oklahoma Alcoholic Beverage Control Board v. SeelySupreme Court of Oklahoma · 1980
  3. Haley v. Oklahoma Alcoholic Beverage Control BoardCourt of Civil Appeals of Oklahoma · 1985

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