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§ 8-120. Petition alleging irregularities--Procedure

Oklahoma Statutes AnnotatedTitle 26. Elections

Oklahoma Statutes Annotated
Title 26. Elections
Chapter A1. Election Code (Refs & Annos)
Article VIII. Certifications and Contests
26 Okl.St.Ann. § 8-120
§ 8-120. Petition alleging irregularities--Procedure
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.

Credits

Laws 1974, c. 153, § 8-120, operative Jan. 1, 1975; Laws 1983, c. 171, § 16, emerg. eff. June 6, 1983; Laws 1990, c. 306, § 6, emerg. eff. May 30, 1990.
26 Okl. St. Ann. § 8-120, OK ST T. 26 § 8-120
Current with emergency effective legislation through Chapter 182 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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