Candidate asks court to overturn new election order

(Tulsa-AP) -- The Republican candidate for sheriff in Creek County is asking the Oklahoma Supreme Court to overturn an order for a new election.

Steve Toliver unofficially won the election by 14 votes over incumbent Sheriff Larry Fugate.

The margin rose to 22 following a recount requested by Fugate, who alleges irregularities in the election.

A judge upheld Fugate's petition and ordered a new election.

Toliver contends the county election board should have used election night results from a Sapulpa precinct, instead of using the results of the manual recount. Toliver also argues that "spoiled" ballots from the precinct actually benefit Fugate.

Spoiled ballots are those rejected by the voting machine. They are to be discarded and the voter given a new ballot.

The election board secretary says some spoiled ballots were inadvertently counted in the precinct.

A hearing on Toliver's request is expected next week.