Coleman v. Sequoyah County Election Bd.

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Coleman v. Sequoyah County Election Bd.
1988 OK 96
762 P.2d 935
59 OBJ 2442
Case Number: 71661
Decided: 09/15/1988
Supreme Court of Oklahoma

 
ROY COLEMAN, PETITIONER,
v.
SEQUOYAH COUNTY ELECTION BOARD, RESPONDENT, and WADE STOVALL, INTERVENOR.

ORDER

[762 P.2d 936]

¶1 Original jurisdiction is assumed.

¶2 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.

¶3 DOOLIN, C.J., HARGRAVE, V.C.J., and HODGES, LAVENDER, SIMMS, OPALA, ALMA WILSON and SUMMERS, JJ., concur.

¶4 KAUGER, J., disqualified.