Judge orders new election in Creek County sheriff's race

SAPULPA, Okla. (AP) _ A Creek County judge found too many voting irregularities Wednesday to name a winner in a contested sheriff's election and ordered a new vote. <br><br>Judge Donald Thompson's

Wednesday, November 29th 2000, 12:00 am

By: News On 6

SAPULPA, Okla. (AP) _ A Creek County judge found too many voting irregularities Wednesday to name a winner in a contested sheriff's election and ordered a new vote.

Judge Donald Thompson's decision favored Creek County Sheriff Larry Fugate who challenged the election results and raised allegations of irregularities after losing Nov. 7 by 14 votes to Republican Steve Toliver, a Sapulpa police lieutenant.

``It's been a long process,'' said Fugate, a Democrat. ``I'm relieved it's over with.''

Toliver said he planned to appeal the judge's decision to the Oklahoma Supreme Court.

``Through all the testimony, we never saw an indication that we were behind in votes,'' Toliver said. ``As far as I'm concerned, we won this election and the vote of the people was litigated out of existence.''

Thompson came to his decision following a hand recount that expanded Toliver's lead to 22 and a second recount that revealed ``spoiled ballots'' had been inadvertently included in the first recount.

Spoiled ballots are those that are rejected by a ballot machine because of an unclear or ambiguous vote. A voter with a spoiled ballot is given a new ballot to cast.

The judge said he could not determine the winner with mathematical certainty as required by law.

Oklahoma Election Board Secretary Lance Ward said that absent of additional court orders, the county election board will notify Gov. Frank Keating of the judge's decision. The governor will issue a resolution setting a date for a special election, he said.

The earliest a special election could take place is Jan. 9.

Fugate first raised allegations that voters in some Bristow and Slick precincts were denied the right to vote when a shortage of ballots forced them to cast sample ballots or write their choices on pieces of paper.

Testimony in the case included that of a woman who said she had voted twice, once in person and once by absentee.

``It's not my fault. It's not Mr. Toliver's fault,'' Fugate said of the irregularities. ``It's something that happened.''

Fugate said he planned to exercise patience with Toliver's appeal.

``He's been patient with me while we went through the recount,'' he said.