Paperwork Mistake Could Void Another Rogers County Election

For the second time this year, a paperwork mistake is casting doubt on a tax election in Rogers County. 

Wednesday, June 26th 2013, 5:23 pm

By: Richard Clark

Paperwork Mistake Could Void Another Rogers County Election

For the second time this year, a paperwork mistake is casting doubt on a tax election in Rogers County.

On June 26, 2012, Rogers County voters approved a one-third cent sales tax in order to pay a $28-million judgment awarded to a company that had been trying to open a mine south of Oologah for years.

The wrong case number was used in paperwork related to the tax vote, including the public notice which is required to be posted in newspapers in the county.

Most of the confusion arose from the fact that the case was originally filed in Rogers County but was moved to Mayes County to find a judge, prosecutors and jurors without any connection to the parties involved.

The ballot which voters approved said the tax would be used to satisfy the debt from Mayes County case number CJ-2004-234. But that Mayes County case number is actually a foreclosure from 2004. The ballot should have said Mayes County case number CV-2009-42 or Rogers County case number CJ-2004-234.

One of the three Rogers County commissioners tells News On 6 they're consulting with legal advisors to decide what to do next.

"At this point it's in the legal department's realm of expertise," said County Commissioner Kirt Thacker. "There's not a quick fix to this. There is research that has to be done. At this point we don't know if it's a major issue or if it's an issue at all."

The DA's office, the Tulsa attorneys who wrote the bond and a Claremore law firm are looking into the issue.

"Don't know the ramifications if any. If the election is null and void, there has to be some sort of action taken that will make it right. I just don't know what that will be at this time. I think that's one of the things that the attorneys are looking over as well," Thacker said.

Voters in Rogers County are already going back to the ballot box to decide an issue they already voted on this year.

In May, Rogers County voters approved extending a one-cent sales tax to pay for road maintenance and improvements. The election results were tossed because the county did not follow the guidelines for letting voters know about the election.

A new election for that issue is set for August 13, 2013.