# Coleman v. Sequoyah County Election Board

> Supreme Court of Oklahoma · September 15, 1988 · 762 P.2d 935

URL: https://www.frixlaw.com/law-library/cases/1311722

## Case

- **Full name:** Roy COLEMAN, Petitioner, v. SEQUOYAH COUNTY ELECTION BOARD, Respondent, and Wade Stovall, Intervenor
- **Court:** Supreme Court of Oklahoma
- **Decided:** September 15, 1988
- **Citations:** 762 P.2d 935; 1988 OK 96; 1988 Okla. LEXIS 108; 1988 WL 98128
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Doolin, Hargrave, Hodges, Lavender, Simms, Opala, Wilson, Summers, Kauger
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1311722

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1311722. Public record. Not legal advice.