{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-450","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-450","heading":"Determination of existence of vacancy - Jurisdiction and","body":"proceedings.\n\nFor the purpose of determining whether such a vacancy exists the\n\ndistrict court is hereby vested with exclusive jurisdiction and the\n\ndistrict attorney of the county shall file a petition with the\n\ndistrict court of the county where such vacancy is alleged to exist,\n\nand summons shall issue and be served in the manner provided by law\n\nfor the service of summons in other cases, and said cause shall be\n\ntried to the court without the intervention of a jury and upon trial\n\nthereof, if it be shown by preponderance of the evidence that the\n\ncounty commissioner who is alleged to be incapacitated or\n\ndisqualified is suffering from any mental or physical ailment that\n\nwill prevent him from performing the duties of said office for the\n\nbalance of the term to which he was elected, the said court shall\n\nenter judgment accordingly, decreeing that a vacancy exists, which\n\njudgment shall thereupon be final and the vacancy shall be filled as\n\nprovided in Section 1 above.\n\nSaid action shall be brought by the district attorney and shall\n\nbe in the name of the State of Oklahoma on relation of the district\n\nattorney as plaintiff, against the person who is alleged to be\n\ndisqualified and the summons shall be issued, directed to the\n\nsheriff of the county where said defendant may be served, and if the\n\nsaid defendant be in a hospital or under the care or supervision of\n\nany institution, the same shall be served by delivering a copy\n\nthereof to the said defendant and a copy to the person or officer\n\nhaving supervision or control of the said hospital or institution\n\nand said cause shall stand for trial at the first non-jury docket\n\nsetting after answer day, as other civil actions triable to the\n\ncourt.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b0a7cd58b99bd69de7392af6f19ddaac24f9b822cf716dc94c9a2c9935f3acdd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-449","next":"us-ok/okla.-stat.-tit.-19-19-451"},"notice":"GroundRules: Original legal text. Not legal advice."}