Judge William Kellough ruled on the results of an election recount - maintaining Republican Patricia Key's victory after a recount in the race for the office of Tulsa County Court Clerk.
The Election Board will meet Wednesday to formally certify the election results, according to Election Board Secretary Patty Bryant.
Fellow Republican candidate Dean Martin petitioned the court for a recount following last month's primary election. Martin and counsel alleged irregularities with the documentation accompanying absentee ballots.
Judge Kellough did find some irregularities in the ballot affidavits but did not throw out enough votes to change the outcome.
"I think irregularities is a strong word to use," Bryant said Tuesday.
Bryant said the Election Board - a Republican, Democrat and the secretary herself - reviewed the ballot affidavits but tended to "err on the side of the voter."
The ballot affidavit must be stamped, certified and signed by a notary public, she said. In the case of some of the contested ballots, one of those steps may have been missed by the notary. The Election Board voted to pass the affidavit which the judge ruled was irregular.
In another instance, a physically incapacitated voter at a nursing home requested an absentee ballot. The Election Board members are supposed to witness the vote and sign off on the affidavit. In one instance the affidavit was thrown out because one of the board members had not signed.
The election board guidelines consider that an administrative error that would not negate the vote, she said.
On Friday, September 14, Kellough reviewed all the contested ballot affidavits.
Judge Kellough ruled that "some of the affidavits were irregular and the corresponding ballots should not be counted," according to court records.
"The winner, by mathematical certainty, was Patricia Key," the record states.
Since no Democrat entered the race against Key, she will be the new Tulsa County Clerk after the board's certification vote Wednesday. She replaces the retiring Earlene Wilson.