Comanche County Election Board suspends certification after DA files petition challenging sheriff’s race

The Comanche County Election Board suspended certification of the Comanche County sheriff’s runoff election Friday, after District Attorney Kyle Cabelka filed a petition saying irregularities make it impossible to determine the winner with certainty.

Comanche County Election Board Secretary Amy Sims said the board needs a legal opinion from the Oklahoma Attorney General’s Office before moving forward.

Auditors from the Oklahoma State Election Board were still in the Comanche County Election Board office Friday afternoon reviewing records after a state audit was requested by area legislators. A request to the state board on Friday seeking answers about the auditing process and how it would affect the election process were not answered. Misha Mohr, public information officer for the Oklahoma State Election Board said she did not have any additional information “at this time.”

Under state election law, the results of elections are not set until the challenge period ends at 5 p.m. Friday. Friday, the three-member Comanche County Election Board certified the results in the races for District 1 county commissioner, Lawton mayor, Lawton Ward 1 and Ward 2 City Council, and Lawton’s Capital Improvements Program.

Sims read a statement at the meeting’s beginning, saying Cabelka had filed a petition alleging irregularities with the Comanche County Court Clerk’s Office, one of two ways to challenge election results. Because Cabelka normally acts as the board’s legal counsel, her office has asked the Attorney General Office’s for legal advice.

“At this time, we will postpone certification of the results for the Republican Primary Runoff for the sheriff’s race,” Sims said.

A review by the county election board, confirmed by the State Election Board review, showed eight ballot distribution errors were made. Three precincts were cited: Precinct 1 First Assembly of God Church, 2201 NW 82nd; Precinct 28 Great Plains Coliseum, 920 S. Sheridan; and Precinct 45 Wesley Chapel Church, 12604 SW Woodlawn Road.

Cabelka cited those irregularities in his petition, saying three were identified the day of the election, with others discovered Wednesday. Cabelka said he discussed the issue with the State Election Board’s legal counsel, citing his concerns about the integrity of the election and his lack of confidence in the results being certified. He said the counsel said while she was disappointed “improper votes were cast, and policies not being followed, this was normal in all elections and in her opinion, would not cause the result of the sheriff runoff to change.”

Cabelka also said there was confusion as to the number of irregularities when he talked to State Election Board representatives who were in the County Election Board Office Thursday. Cabelka said State Election Board officials acknowledged that although election officials did not follow policy and procedure, “it doesn’t matter how much you train election officials, they will do whatever they want to do. There is nothing we can do about it, we can’t be at every precinct.”

He said he also was told there is no certain percentage of error over which results would not be certified.

Cabelka said in his petition that due to the irregularities “as well as the complete failure by Comanche County election officials to follow policy and procedures,” he has lost confidence in the integrity of the election and in the election board’s ability to certify results.

In her statement, Sims said the precinct officials responsible for the errors will be formally disciplined and will not be allowed to work another election in Comanche County until they receive extensive remedial training from her office and the State Election Board training staff.