Okla. Stat. tit. 11, § 11-16-311
This is the official text of Okla. Stat. tit. 11, § 11-16-311, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Petition alleging fraud - Bond - Hearing - Answer -
Official statutory text
Judgment - Ineligibility for office - Liability of contestant -
Damages.
When a petition alleging fraud is filed, said petition must be
accompanied by a cash bond of Five Thousand Dollars ($5,000.00),
running in favor of the contestee and conditioned upon payment of
any and all liabilities or judgments arising from the contest so
filed. In said petition, contestant must allege the specific act
constituting such alleged fraud and the names of the alleged
perpetrators of such fraud. If such petition is filed in the manner
herein provided, the district judge of the county in which the
alleged fraud occurred, or such other judge as may be assigned by
the Supreme Court, shall hear and determine said issue without delay
or continuance of more than one (1) day. On the day of such
hearing, the contestee may file answer to such petition or may file
cross petition, setting forth in detail, as required of a petitioner
herein, such claim of fraud. An original petition or cross petition
must be under oath and under penalty of perjury. The judge shall try
and determine the issues formed by such pleadings and render such
judgment as he or she may deem just and proper, according to the
Oklahoma Statutes - Title 11. Cities and Towns Page 106
evidence submitted. The decision of said district judge shall be
final as to any changes in the total votes, and a copy of such
judgment and decision shall be furnished the officer who presided at
the town meeting. In any case where fraud is proved on the part of a
nominee, he or she shall be declared ineligible for the office for
which he or she was nominated. In all cases where a petition is
filed which alleges fraud, but after hearing said allegations are
not reasonably sustained by competent evidence, the contestant shall
be civilly liable in damages to the contestee for all damages
sustained, including a reasonable attorney fee and all reasonable
and proper costs of conducting such contest; and in the event it be
alleged and found that such petition was frivolous in nature, the
contestee may also be allowed punitive damages to be paid by said
petitioner.
Damages.
When a petition alleging fraud is filed, said petition must be
accompanied by a cash bond of Five Thousand Dollars ($5,000.00),
running in favor of the contestee and conditioned upon payment of
any and all liabilities or judgments arising from the contest so
filed. In said petition, contestant must allege the specific act
constituting such alleged fraud and the names of the alleged
perpetrators of such fraud. If such petition is filed in the manner
herein provided, the district judge of the county in which the
alleged fraud occurred, or such other judge as may be assigned by
the Supreme Court, shall hear and determine said issue without delay
or continuance of more than one (1) day. On the day of such
hearing, the contestee may file answer to such petition or may file
cross petition, setting forth in detail, as required of a petitioner
herein, such claim of fraud. An original petition or cross petition
must be under oath and under penalty of perjury. The judge shall try
and determine the issues formed by such pleadings and render such
judgment as he or she may deem just and proper, according to the
Oklahoma Statutes - Title 11. Cities and Towns Page 106
evidence submitted. The decision of said district judge shall be
final as to any changes in the total votes, and a copy of such
judgment and decision shall be furnished the officer who presided at
the town meeting. In any case where fraud is proved on the part of a
nominee, he or she shall be declared ineligible for the office for
which he or she was nominated. In all cases where a petition is
filed which alleges fraud, but after hearing said allegations are
not reasonably sustained by competent evidence, the contestant shall
be civilly liable in damages to the contestee for all damages
sustained, including a reasonable attorney fee and all reasonable
and proper costs of conducting such contest; and in the event it be
alleged and found that such petition was frivolous in nature, the
contestee may also be allowed punitive damages to be paid by said
petitioner.
Status: in_force · Read it on the official government site
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