The 1991 law now requiring a special election after Warren Plunk’s death grew out of an extraordinary Panhandle judicial race.
OKLAHOMA CITY — Warren Plunk’s death has triggered a state law written after a 1990 Panhandle race in which a district judge died nearly three months before Election Day — and still received 91% of the vote.
Plunk, 54, died Saturday, Aug. 29, at his Oklahoma City home. He was challenging Oklahoma County District Judge Susan Stallings for Office 10 in the 7th Judicial District. Because they were the only two candidates to file, the race had been scheduled for the Nov. 3 general election.
The Oklahoman reported that Plunk practiced criminal defense and had been an Oklahoma attorney since 2006. Stallings, who had known him for years, described him as “such a decent guy.”
Under the law now on the books, the race cannot be decided in November. Gov. Kevin Stitt must call a special election and establish a new filing period. No filing or election dates had been announced as of Tuesday.
A judge who died before Election Day
The law grew out of the 1990 election for district judge in Oklahoma’s 1st Judicial District, which covered Beaver, Cimarron, Harper and Texas counties.
District Judge Frank M. Ogden III had served on the bench for 13 years and was seeking reelection against attorney Josh J. Evans.
Ogden had cancer. He died Aug. 11, 1990, but his name remained on the general election ballot. Voters gave Ogden approximately 91% of the vote. Evans received about 9%.
Evans asked the Oklahoma Supreme Court to declare him the winner. He argued that Ogden could not legally hold office and that votes cast for the deceased judge should be disregarded, leaving Evans as the only living candidate to receive votes.
The court rejected that argument.
At the time, Oklahoma law allowed political parties to replace deceased nominees. That provision did not apply to judges, who run on nonpartisan ballots. The court said the state had no law addressing the death of a judicial candidate before a general election.
In Evans v. State Election Board, the justices ruled that votes for Ogden could not simply be thrown away. Voters who supported him, despite knowing he had died, were choosing a vacancy over Evans.
Declaring a candidate with only 9% of the vote the winner, the court concluded, would thwart the will of the majority.
The election therefore produced no winner.
Legislature closes the gap
The Legislature addressed the problem in its next session.
Lawmakers enacted House Bill 1722 in 1991. Although it covered several election issues, one section created a new procedure for the death of a judicial candidate.
The law prevents the surviving candidate from winning automatically. Instead, the governor must reopen filing and call a special election.
That is the process now facing Stallings and anyone else who wants to seek the Oklahoma County judgeship.
Unlike in 1990, votes cast for Plunk cannot affect the outcome. The Oklahoma County election will start over with a new filing period and a new field of candidates.
