Jones v. Burkett, 38441
| Decision Date | 10 November 1959 |
| Docket Number | No. 38441,38441 |
| Citation | 346 P.2d 338 |
| Parties | Richard C. JONES et al., Plaintiffs in Error, v. Ethel BURKETT, County Superintendent of Cleveland County, State of Oklahoma, Defendant in Error. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court
1. Any person who has resided in a school district for at least thirty (30) days and who possesses the qualifications of an elector as defined by Art. 3, Sec. 1, of the Constitution of the State of Oklahoma, is eligible to vote on any issue submitted to a vote in such school district and registration under the general election laws of the State is no longer a prerequisite to eligibility.
2. Residence is a place where one's habitation is fixed without the present purpose of removing therefrom and the intention of a person as to his residence or domicile is a question of fact; the determination of the trier of the facts is conclusive on appeal to this court unless clearly against the weight of the evidence.
Appeal from District Court of Cleveland County; Elvin J. Brown, Judge.
Appeal was taken from order of County Superintendent of Schools of Cleveland County denying annexation of territory of Liberty School District #3, Cleveland County to Choctaw Independent School District #4, Oklahoma County, to the District Court of Cleveland County, and upon affirmance, certain school patrons appeal.
Paul W. Updegraff, Norman, for plaintiffs in error.
Luttrell & Luttrell, Norman, for respondents, Charles Schwartz et al.
Hez J. Bussey, County Atty., Cleveland County, Norman, for defendant in error, County Superintendent of Schools.
On March 24, 1958, a petition praying that all of Old Liberty School District #3, Cleveland and Oklahoma Counties, be annexed to Choctaw Independent District #4, Oklahoma County, was presented to the County Superintendent of Schools of Cleveland County, Oklahoma. An election was called in response to the petition and on April 8, 1958, the election was conducted under the supervision of the County Superintendent who announced the result as seventeen votes for annexation and seventeen votes against. An order denying annexation was thereupon issued and an appeal was perfected to the District Court of Cleveland County. After a full hearing in the District Court on the 10th day of May, 1958, the trial judge sustained the order of the County Superintendent, from which judgment the appellants have perfected this appeal.
The appellants contend the trial court erred in denying annexing for the reason Carl Mansell was ineligible to vote because he was not a registered voter under the general election laws of Oklahoma; that he was not a qualified voter because he had not been a resident of the State of Oklahoma for one year next preceding the election; that after his vote was challenged he was permitted to make an affidavit and vote and he voted against annexation.
The issues determinative of this action are the eligibility and qualification of Carl Mansell to vote in the school district election, and we must resolve; (1) Is registration under the general election laws of Oklahoma a prerequisite for eligibility to vote in a school district election? (2) Was Carl Mansell qualified to vote in the school district election?
The County Superintendent testified she conducted the election on April 8th, 1958. She identified two lists of voters both containing the name of Carl Mansell and identified the affidavit Carl Mansell made when his vote was challenged. Vera Burnett, Clerk of the Cleveland County Election Board, testified her records did not disclose Carl Mansell as a registered voter in precinct #36 which includes Old Liberty School District.
Carl Mansell testified that after his marriage in July, 1953, he and his wife rented the Whitfield place which is in Old Liberty School District, bought furniture and moved in; that they resided there until the place was sold; that they stored part of their furniture with Charley Davis, across the road from the Whitfield place, and moved in with Mr. and Mrs. Stinnett, his wife's parents, who lived in the school district, where they had a room to themselves, furnished with their own bedroom furniture, bed linens and towels. That they also took with them the dishes and cooking utensils which were used by both families. That in the latter part of 1956 he obtained employment in Wichita, Kansas, with Boeing Aircraft Co. and later with Beech Aircraft Co., where he was classified as a temporary employee and worked there until the fall of 1957. That his wife was with him part of the time in Wichita and rest of the time was at the Stinnett place. That during the time he worked in Wichita, he came home every week with the possible exception of three; that they brought their clothes home and laundered them; that he owned a car when he started to work in Wichita and bought another one while working there; that both cars carried Oklahoma license plates and his driver's license was issued by the State of Oklahoma. That the Stinnett place was maintained at all times as his mailing address and that he did not leave a forwarding address as his stay in Kansas was only temporary.
Mrs V. L. Stinnett's testimony supported that of Carl Mansell. Three other witnesses testified they saw Carl at the Stinnett place during the week-ends and Charley Davis in addition to seeing Carl at different times testified he was keeping part of Carl's furniture for him.
Title 26 O.S.1951 §§ 71 and 72, were enacted in 1916. Sec. 71, defined 'elections' to mean 'every * * * election held in this state, or in any county, city, town, township, school district, or precinct * * *.' Sec. 72, prescribed the necessity of registering and provided, '* * * no elector shall be permitted to vote at any election unless he shall register as herein provided * * *.' By enactment of Senate Bill No. 260, (S.L.1957, pages 172-179), effective May 25, 1957, Sec's. 71 and 72, supra, were repealed and a new act relating to registration and voting became effective. Title 26 O.S.1957 Supp. § 93.2, defines 'elections' to mean 'every * * * election held in this State, or any county,...
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