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

Okla. Stat. tit. 62, § 62-373: Taxpayer may institute suit on failure of officers

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Where this section sits in the code
  1. OK Code
  2. Title 62

Upon the refusal, failure, or neglect of the proper officers of

the state or of any county, city, town, or school district, after

written demand signed, verified and served upon them by a number of

registered voters of the state or such county, city, town, or school

district equal to one hundred (100), or two and one-half percent (2

1/2%) of the registered voters living within the state or such

county, city, town or school district, whichever is less, to

institute or diligently prosecute proper proceedings at law or in

equity for the recovery of any money or property belonging to the

state, or such county, city, town, or school district, paid out or

transferred by any officer thereof in pursuance of any unauthorized,

unlawful, fraudulent, or void contract made, or attempted to be

made, by any of its officers for the state or any such county, city,

town, or school district, any resident taxpayer of the state or such

county, city, town, or school district affected by such payment or

transfer after serving the notice aforesaid and after giving

security for cost, may in the name of the State of Oklahoma as

plaintiff, institute and maintain any proper action which the proper

officers of the state, county, city, town, or school district might

institute and maintain for the recovery of such property; and the

state or such county, city, town or school district shall in such

event be made defendant. If a court of competent jurisdiction

determines the claims to be meritorious, the contract shall be

deemed void and the money or property, if previously transferred,

shall be returned to the state, county, city, town or school

district. The state, county, city, town or school district shall be

liable to the resident taxpayer or taxpayers for reasonable attorney

fees and court costs incurred in the prosecution of the action. If

all claims stated by the resident taxpayers in the written demand

are determined in a court of competent jurisdiction to be frivolous,

the resident taxpayers who signed such demand and who are parties to

the lawsuit in which such claims are determined to be frivolous

shall be jointly and severally liable for all reasonable attorney

fees and court costs incurred by any public officer or officers or

any other person alleged in such demand to have paid out,

transferred, or received any money or property belonging to the

state, or such county, city, town or school district in pursuance of

any alleged unauthorized, unlawful, fraudulent, or void claim paid

or contract or conveyance made, or attempted to be made, by such

officer or officers.

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

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