Okla. Stat. tit. 26, § 26-8-120

This is the official text of Okla. Stat. tit. 26, § 26-8-120, 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 irregularities - Procedure

Official statutory text

When a petition alleging irregularities other than fraud is

filed, said petition must allege a sufficient number of

irregularities and of such nature as to:

1. Prove that the contestant is lawfully entitled to be

certified the party's nominee or to be issued a certificate of

election, or to have his name appear on the Runoff Primary Election

ballot; or

2. Prove that it is impossible to determine with mathematical

certainty which candidate is entitled to be certified as the party's

nominee or to be issued a certificate of election, or to have his

name appear on the Runoff Primary Election ballot.

Additional irregularities may be presented at the hearing if not

known to the contestant at the time the petition is filed. If such

allegations are not made, the petition shall be deemed frivolous by

the presiding judge and shall be dismissed. Said petition must be

accompanied by either a cashier's check or certified check in the

amount of Two Hundred Fifty Dollars ($250.00) for each county

affected by the petition. Said petition must set forth specific

allegations of irregularities in certain precincts or in the casting

of absentee ballots. If said petition is filed in the manner herein

provided, the district judge of the county or such other judge as

may be assigned by the Supreme Court shall hear and determine said

issue in the same manner as provided for a petition alleging fraud.

On the day of the hearing, the contestee may file an answer to the

petition or may file a cross petition setting forth in detail, as

required of petitioner herein, such claim of irregularities. A

cross petition must be accompanied by either a cashier's check or

certified check in the amount of Two Hundred Fifty Dollars ($250.00)

for each county affected by the cross petition. Deposits shall be

used to defray actual costs as provided for recounts.

Oklahoma Statutes - Title 26. Elections Page 121

Status: in_force · Read it on the official government site

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