Okla. Stat. tit. 26, § 26-8-119
This is the official text of Okla. Stat. tit. 26, § 26-8-119, 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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Petition alleging fraud - Procedure
Official statutory text
When a petition alleging fraud is filed, said petition must be
accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for
each county in which fraud is alleged to have occurred, 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 that fraud occurred in certain
precincts or in the casting of absentee ballots. He must further
allege the name of the precincts wherein such fraud occurred, 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 may deem just and proper, according
Oklahoma Statutes - Title 26. Elections Page 120
to the 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 appropriate
election board. In any case where fraud is proved on the part of a
candidate, he shall be declared ineligible for the office for which
he was a candidate. 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.
accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for
each county in which fraud is alleged to have occurred, 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 that fraud occurred in certain
precincts or in the casting of absentee ballots. He must further
allege the name of the precincts wherein such fraud occurred, 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 may deem just and proper, according
Oklahoma Statutes - Title 26. Elections Page 120
to the 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 appropriate
election board. In any case where fraud is proved on the part of a
candidate, he shall be declared ineligible for the office for which
he was a candidate. 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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