Okla. Stat. tit. 26, § 26-5-107
This is the official text of Okla. Stat. tit. 26, § 26-5-107, part of Oklahoma’s Stat. tit. 26, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 26,." Browse the sections below, each linked to its official government source.
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Identical names prohibited
Official statutory text
No person may become a candidate for any office enumerated in
Section 5-102 of this title whose name is identical to the name of
the incumbent or of any publicly announced candidate for such
office, or similar thereto, where it appears that the identity or
similarity of names is used for the purpose of confusing the voters.
Any person desiring to become a candidate for one of said offices
whose name is identical or similar to the name of the incumbent or
of any publicly announced candidate for said office shall observe
the following procedure.
The potential candidate shall file a preliminary Declaration of
Candidacy with the Secretary of the State Election Board between the
hours of 8 a.m. on Monday and 5 p.m. on Friday of the third week
prior to the beginning of the regular filing period. The
preliminary Declaration of Candidacy shall be accompanied by a
cashier's or certified check in the amount of Two Hundred Fifty
Dollars ($250.00).
When such a preliminary Declaration of Candidacy is filed the
Secretary of the State Election Board shall immediately set the
matter for hearing and shall cause at least five (5) days' notice to
be given by publication in one issue of a newspaper of general
circulation in the state so that any person may object to said
filing and be heard thereon at said hearing.
At said hearing the candidate may present proof and testimony of
his good faith. The burden of proof shall be upon the candidate to
show that his candidacy is in good faith and is not intended to
confuse the voters.
After a full and complete hearing the State Election Board shall
render its decision, and if it finds that he is acting in good faith
and not for the purpose of confusing the voters, said candidate
Oklahoma Statutes - Title 26. Elections Page 73
shall be permitted to file a Declaration of Candidacy during the
regular filing period, and his deposit shall be returned to him. If
the Board finds that said candidate's candidacy is designed for the
purpose of confusing the voters, he shall not be permitted to file
as a candidate, and the balance of his deposit, after the costs of
the hearing are deducted, shall be returned to him.
Section 5-102 of this title whose name is identical to the name of
the incumbent or of any publicly announced candidate for such
office, or similar thereto, where it appears that the identity or
similarity of names is used for the purpose of confusing the voters.
Any person desiring to become a candidate for one of said offices
whose name is identical or similar to the name of the incumbent or
of any publicly announced candidate for said office shall observe
the following procedure.
The potential candidate shall file a preliminary Declaration of
Candidacy with the Secretary of the State Election Board between the
hours of 8 a.m. on Monday and 5 p.m. on Friday of the third week
prior to the beginning of the regular filing period. The
preliminary Declaration of Candidacy shall be accompanied by a
cashier's or certified check in the amount of Two Hundred Fifty
Dollars ($250.00).
When such a preliminary Declaration of Candidacy is filed the
Secretary of the State Election Board shall immediately set the
matter for hearing and shall cause at least five (5) days' notice to
be given by publication in one issue of a newspaper of general
circulation in the state so that any person may object to said
filing and be heard thereon at said hearing.
At said hearing the candidate may present proof and testimony of
his good faith. The burden of proof shall be upon the candidate to
show that his candidacy is in good faith and is not intended to
confuse the voters.
After a full and complete hearing the State Election Board shall
render its decision, and if it finds that he is acting in good faith
and not for the purpose of confusing the voters, said candidate
Oklahoma Statutes - Title 26. Elections Page 73
shall be permitted to file a Declaration of Candidacy during the
regular filing period, and his deposit shall be returned to him. If
the Board finds that said candidate's candidacy is designed for the
purpose of confusing the voters, he shall not be permitted to file
as a candidate, and the balance of his deposit, after the costs of
the hearing are deducted, shall be returned to him.
Status: in_force · Read it on the official government site
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