WICHITA COUNTY (KFDX/KJTL) — A new election has been ordered for the Precinct 4 Justice of the Peace race that resulted in a court suit over the March Republican Primary results.
97th District Judge Jack McGaughey ordered the new election Friday after incumbent JP Judy Baker filed suit to contest the outcome.
McGaughey was appointed to hear the case because state law requires a judge outside the district of a contested election to preside on such suits.
McGaughey ruled the true outcome of that race can not be determined. and that the election is void. He ordered the new election to be held on the same day as the Republican Primary runoffs on May 24.
Only those voters eligible to vote in that primary runoff may vote in the new election.
The judge also instructed the county clerk to ensure the names in the runoff are on every ballot for voters living in that precinct.
The judge also denied candidate Randy Elliott’s request for relief and payment of all legal and court costs he incurs from the suit, ruling each party will pay their own legal costs.
Judge Baker filed the suit contesting the results, which showed challenger Randy Elliott the winner.
She said Elliott won by only 14 votes and there were at least 20 early voters whose ballots did not have the race listed which means had they voted the results could have been different.
County Clerk Lori Bohannon confirmed in an affidavit that because of an error resulting from redistricting the race did not appear on 20 ballots and also the race appeared on the ballot of one voter it should not have.
On Monday, April 4,, Elliott said he is back into election mode and he will campaign in the same way he did in the primary to get his message out to all voters.
Judge Baker said she is optimistic of winning the second time and is thankful for all the qualified voters who should have been able to cast votes in the race in the primary will now have the opportunity to vote.