Coleman v. Sequoyah County Election Board
This text of 1988 OK 96 (Coleman v. Sequoyah County Election Board) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*936 ORDER
Original jurisdiction is assumed.
There are no common law pre-election remedies to challenge the qualifications of a candidate for public office. The Legislature has provided in 26 O.S.1981 § 5-118 the exclusive method for a candidate to contest the candidacy of any other candidate. Murphy v. Darnell, 268 P.2d 860 (Okl.1954). A petition pursuant to § 5-118 must be filed no later than 5:00 p.m. on the second day following the close of the filing period. 26 O.S.1981 § 5-119. A petition for irregularities pursuant to 26 O.S.1981 § 8-120 may not be used by the petitioner as an alternative remedy to 26 O.S.1981 § 5-118. The petitioner’s petition filed three days after the primary election and contesting the candidacy of another candidate for the same office is untimely. 26 O.S.1981 § 5-119. The application for a writ of mandamus and/or prohibition is denied.
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Cite This Page — Counsel Stack
1988 OK 96, 762 P.2d 935, 1988 Okla. LEXIS 108, 1988 WL 98128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-sequoyah-county-election-board-okla-1988.