{"data":{"id":"us-ok/okla.-stat.-tit.-26-26-8-119","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 26, § 26-8-119","heading":"Petition alleging fraud - Procedure","body":"When a petition alleging fraud is filed, said petition must be\n\naccompanied by a cash bond of Five Thousand Dollars ($5,000.00) for\n\neach county in which fraud is alleged to have occurred, running in\n\nfavor of the contestee and conditioned upon payment of any and all\n\nliabilities or judgments arising from the contest so filed. In said\n\npetition, contestant must allege that fraud occurred in certain\n\nprecincts or in the casting of absentee ballots. He must further\n\nallege the name of the precincts wherein such fraud occurred, the\n\nspecific act constituting such alleged fraud and the names of the\n\nalleged perpetrators of such fraud. If such petition is filed in\n\nthe manner herein provided, the district judge of the county in\n\nwhich the alleged fraud occurred, or such other judge as may be\n\nassigned by the Supreme Court, shall hear and determine said issue\n\nwithout delay or continuance of more than one (1) day. On the day\n\nof such hearing, the contestee may file answer to such petition or\n\nmay file cross petition, setting forth in detail, as required of a\n\npetitioner herein, such claim of fraud. An original petition or\n\ncross petition must be under oath and under penalty of perjury. The\n\njudge shall try and determine the issues formed by such pleadings\n\nand render such judgment as he may deem just and proper, according\n\nto the evidence submitted. The decision of said district judge\n\nshall be final as to any changes in the total votes, and a copy of\n\nsuch judgment and decision shall be furnished the appropriate\n\nelection board. In any case where fraud is proved on the part of a\n\ncandidate, he shall be declared ineligible for the office for which\n\nhe was a candidate. In all cases where a petition is filed which\n\nalleges fraud, but after hearing said allegations are not reasonably\n\nsustained by competent evidence, the contestant shall be civilly\n\nliable in damages to the contestee for all damages sustained,\n\nincluding a reasonable attorney fee and all reasonable and proper\n\ncosts of conducting such contest; and in the event it be alleged and\n\nfound that such petition was frivolous in nature, the contestee may\n\nalso be allowed punitive damages to be paid by said petitioner.","path":["OK Code","Title 26"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os26.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1c1fc8aca4efb340f80d818d5d7329fdd4afceba158fd375b1b576d23fb0432f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-26-26-8-118","next":"us-ok/okla.-stat.-tit.-26-26-8-120"},"notice":"GroundRules: Original legal text. Not legal advice."}