Skiatook sued over election

Two local businessmen have filed a lawsuit alleging that the town and its leaders disenfranchised voters by holding a sales-tax election during the throes of December's ice storm.

Plaintiffs Horace Paslay and Mark D. Smith want the results of the Dec. 11 election thrown out and a new election ordered.

By using portable generators for electricity sources during a widespread power outage, the town; its coordinator, Martin Tucker; and Mayor Steve Kendrick failed to provide voters with an "environment conducive to a fair and transparent election," the plaintiffs allege in a suit filed last week in Tulsa County District Court.

That alleged action, as well as others, led to a result that prejudiced those who opposed the sales tax, the suit alleges.

The permanent extension of a 1-cent sales tax for infrastructure improvements passed 211-132, according to Shelly Boggs, assistant secretary of the Tulsa County Election Board.

Paslay and Smith opposed the sales tax, saying it will hurt commerce in the town and promote development of the U.S. 75 corridor at the expense of the town's historic business district, the suit states.

Freezing rain that fell Dec. 9 and 10 downed power lines and crippled the state, leaving more than 600,000 electric customers in the dark.

Because several of the customary polling places in Skiatook lacked electricity, the town relocated certain polling places and failed to provide adequate notice of those moves, the suit alleges.

Three elections were held in Tulsa County that day, including in Jenks and Collinsville, records show.

Tucker said in a telephone interview that the town "had absolutely no authority whatsoever over polling places," saying that authority belongs to the Tulsa County Election Board.

"Whatever procedures they were supposed to follow, they followed," he said.

Tucker said he provided portable generators at the Election Board's request.

"The Election Board called the day before and they said, 'We're having an election tomorrow, and we'll do it in the dark and we'll count it by hand if we have to. Is there any way we can help?' "

The lawsuit claims that the portable power source was insufficient and that voters complained that they could not see markings on the ballots.

Skiatook voters live in Tulsa and Osage counties. Boggs said the board merged a pair of precincts in Tulsa County into one.

"We posted signs, and I know that Osage County was posting signs, as well," she said. "Voters were finding it, so we know the signs were posted."

The petition also accuses Tucker of "electioneering" by notifying certain voters of precinct changes, an allegation that Tucker denies.