Oklahoma Statutes

Okla. Stat. tit. 11, § 15-104 (2026)

Publication announcing the filing of petition -

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Protests. A. When signed copies of a petition are timely filed with the clerk, the clerk shall make a physical count of the number of

signatures appearing on the petitions. He shall then publish, in at least one (1) newspaper of general circulation in the municipality, a notice of the filing and the apparent sufficiency or insufficiency of the petition. The notice shall also state that any qualified elector of the municipality may file a protest to the petition or an objection to the count made by the clerk. B. A protest to the petition or the count of signatures shall be filed in the district court in the county in which the situs of the municipality is located within ten (10) days after the publication. Written notice of the protest shall be served upon the clerk and the parties who filed the petition. In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest. The district court shall fix a day, not less than ten (10) days after the filing of a protest, to hear testimony and arguments for and against the sufficiency of the petition. A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector. After the hearing, the district court shall decide whether such petition is in form required by law. Laws 1977, c. 256, § 15-104, eff. July 1, 1978.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1984–2021 · leading case: Fite v. Lacey, 691 P.2d 901 (Okla. 1984).
Fite v. Lacey, 691 P.2d 901 (Okla. 1984). · cites it 3× “Written notice of the protest shall be served upon the clerk and the parties who filed the petition. In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest.”
In re Initiative Petition No. 27 of Oklahoma City, 2003 OK 104, 82 P.3d 90. · cites it 6× “We have also made our answer to a novel procedural question on 11 O.S. § 15-104 operate prospectively. Clapsaddle v.”
Terry v. Bishop, 2007 OK 29, 158 P.3d 1067. · cites it 2× “The writ sought to order the City Clerk to fulfill the duties imposed by 11 O.S.2001 § 15-104 [5] *1070 such as verifying the signatures, certifying their validity, and publishing legal notice in the newspaper.”
Ezzell v. Lack, 2021 OK 5, 480 P.3d 906. · cites it 13× “However, only the publication notice provisions of 11 O.S. 2011 §15-104 1 were at issue in Clapsaddle , supra.”
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