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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 26, § 26-8-119: Petition alleging fraud - Procedure

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Where this section sits in the code
  1. OK Code
  2. Title 26

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

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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