Any candidate, hereafter referred to as petitioner, may contest the candidacy of any other candidate for the same office, hereafter referred to as contestee, by filing a written petition with the secretary of the election board with whom said candidate filed the declaration of candidacy. In the event only one candidate files for an office, a petition contesting the candidacy may be filed by any registered voter who is eligible to vote for the candidate. Added by Laws 1974, c. 153, § 5-118, operative Jan. 1, 1975. Amended by Laws 1990, c. 306, § 4, emerg. eff. May 30, 1990; Laws 1994, c. 360, § 1, eff. July 1, 1994; Laws 1997, c. 130, § 1, emerg. eff. April 17, 1997.
Notes of Decisions
MacY v. Oklahoma City Sch. Dist. No. 89, 1998 OK 58, 961 P.2d 804.
· cites it 2× “2d 935 , in which we said that inasmuch as a remedy for contesting the candidacy of a candidate was provided by 26 O.S.1981 § 5-118, a party could not use a petition for irregularities pursuant to 26 O.”
Coleman v. Sequoyah Cnty. Election Bd., 762 P.2d 935 (Okla. 1988).
· cites it 2× “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.”
Rainbow Coalition of Oklahoma v. Oklahoma State Election Bd., 844 F.2d 740 (10th Cir. 1988).
“The Board further asserts that the length of time between the primary candidate filing deadline and the primary election is necessary to allow challenges to the candidates under Okla.Stat. tit. 26, § 5-118. The Board contends that such challenges protect other candidates and the…”
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