 | 227 Judges |
| 227I Appointment, Qualification, and Tenure |
| 227k3 k. Appointment or election. |
 Under American Rule, where incumbent judge and his challenger were only two candidates on ballot and incumbent judge died three months before election but nonetheless received 91% of votes, those who voted for incumbent judge with knowledge of his death were casting votes against living candidate and for creation of vacancy in office, and their votes were not to be declared null and void; thus, challenger was not declared successful candidate even though he was only living candidate, and office would be filled in manner prescribed by law.
Evans v. State Election Bd. of State of Okl., 804 P.2d 1125 (1991)
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