Boynton did not necessarily follow the Oklahoma Town Meeting Act in holding a special election Tuesday, but a local attorney believes what they did is better than what the act requires.

Only one person applied for any of the offices.

Lance McCrary of Muskogee, said he advised the town to hold voting from 7 a.m. to 7 p.m. rather than to hold a town meeting and take nominations from the floor at a special meeting.

“I think as long as we compensate more above and beyond, I think we’re fine as far as the laws,” McCrary said. “The key to it all, I believe, is that if you minimize it more than what the statute requires, then you are violating rights, according to statutes. We wanted an open, transparent election.”

McCrary said he also is attorney for the town of Warner, and election polls there are open all day.

However, the Muskogee County Election Board conducts Warner’s municipal elections, so the Town Meeting Act does not apply there.

Boynton Mayor Marie Wilson said she asked McCrary’s advice before setting up the Tuesday election.

“I consulted a lawyer is how I’m running this meeting (election) to make sure I don’t get into any trouble and that we are running the meetings according to the law,” Wilson said.

Kelly Danner, inquiry specialist with the Oklahoma Municipal League, said she could not comment on whether the town was in compliance with the Oklahoma Town Meeting Act.

The act applies to towns with a population of fewer than 1,000 that choose not to have the county election board conduct their municipal elections.

It requires towns hold elections every other year at a town meeting. If a special election is needed to fill board vacancies, a special town meeting may be held. Notice of those town meetings must be published in a newspaper of general circulation 10 days in advance or by posting it in at least five places in the municipality.

Danner said the extended voting hours may have actually given more citizens access to voting in the election.

Wilson said filing for the two Board of Trustee seats and the clerk/treasurer’s post before Oct. 23 was required. There is no provision in the state law for filing for the offices, Danner said. Instead, nominations for office are to be made from the floor.

McCrary said he does not know how nominations were taken and whether they complied with the law.

“In times past, they actually had a meeting and nominated from the floor,” Wilson said. “He (McCrary) said that was incorrect, that we should have had (voting) from a certain time to a certain time so that all of the public had access to voting time.

“The reason I called a lawyer is, I wasn’t sure things were being run correctly prior, and I wanted to make sure that I wasn’t falling into any patterns that weren’t correct,” Wilson said Tuesday.

Wilson said she had hoped Tuesday’s election would fill two unexpired terms on the Board of Trustees and the clerk/treasurer’s position.

Tiffany Ledbetter, who ran for the clerk’s position, was the only person to seek office in the election. Wilson said she assumes Ledbetter will be elected by virtue of being the only candidate on the ballot.

Danner said no town meeting or election is required to fill town board vacancies. The remaining board members may fill the seats by appointment, as long as those are made within 60 days of the resignation of an officer.



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