House 68 election challenge hearing delayed; judge sets new date

For background see - Hearing set for today in House 68 voting problem

A legal challenge to the results in the House District 68 Democratic primary was continued to Aug. 12 by Tulsa County District Judge William Kellough on Wednesday.

Because of scheduling conflicts, the hearing will be before Presiding District Judge Tom Thornbrugh.

Sand Springs insurance agent Troy Zickefoose, who lost the July 27 election by four votes to Tulsan Seth Watkins, is seeking a new election.

A recount Tuesday reaffirmed the four-vote margin.

An amended petition filed Wednesday by Zickefoose's attorney, Laurie Phillips, contests the eligibility of 35 primary-election voters who the petition says do not live at the addresses listed on voter registration rolls.

Phillips said she has not had time to subpoena more than a handful of the voters in question. Three appeared at Wednesday's hearing but did not testify.

For the courts to declare a new election, Zickefoose will have to show that sufficient ineligible ballots were cast to have potentially changed the election's outcome.

To be eligible, voters generally must live in the same district but not necessarily the same precinct as the one in which they're registered.

Election Board officials said a new election, if ordered, could not be held until Nov. 2, the date of the general election.

That would mean that a second special election would be needed later to pit the Democratic primary winner against Republican nominee Glen Mulready.

But Phillips said Gov. Brad Henry could call for a new primary in September or October.

District 68 includes Tulsa and Sand Springs west and south of the Arkansas River.