Coleman v. Sequoyah County Election Board

762 P.2d 935 (1988)

Roy COLEMAN, Petitioner,
v.
SEQUOYAH COUNTY ELECTION BOARD, Respondent, and
Wade Stovall, Intervenor.

No. 71661.

Supreme Court of Oklahoma.

September 15, 1988.

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.

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

KAUGER, J., disqualified.