# Opinion No.

> Oklahoma Attorney General Reports · November 17, 1975

URL: https://www.frixlaw.com/law-library/cases/3787940

## Case

- **Full name:** Representative Jerry L. Smith
- **Court:** Oklahoma Attorney General Reports
- **Decided:** November 17, 1975
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/3787940

## Opinion text

OPINION — AG — ** DUAL OFFICE HOLDING — LEGISLATOR ** A MEMBER OF THE LEGISLATOR, WHO IS ELECTED BY THE BOARD OF DIRECTORS OF THE OKLAHOMA HISTORICAL SOCIETY, IN THE MANNER PRESCRIBED IN THE SOCIETY'S CONSTITUTION IS NOT PROHIBITED FROM SERVING AS A MEMBER OF THE BOARD BY VIRTUE OF 51 O.S. 1971 6 [ 51-6 ] OR ARTICLE V , SECTION 23 OKLAHOMA CONSTITUTION; HOWEVER, UNDER THE SEPARATION OF POWERS PROVISION CONTAINED IN ARTICLE IV , SECTION 1 OKLAHOMA CONSTITUTION, A LEGISLATOR IS DISQUALIFIED FROM SERVING AS A MEMBER OF THE BOARD OF DIRECTORS OF THE OKLAHOMA HISTORICAL SOCIETY. THE POSITION OF ANY PRESENT MEMBER OF THE BOARD OF DIRECTORS OF THE OKLAHOMA HISTORICAL SOCIETY, WHO IS DISQUALIFIED FROM SERVING, WOULD BECOME VACANT; HOWEVER, PREVIOUS ACTS PERFORMED BY SUCH DIRECTOR WOULD BE VALID SINCE SUCH DIRECTOR WOULD HAVE BEEN A DE FACTOR OFFICER. CITE: ARTICLE V, SECTION 2, 53 O.S. 1971 16 [ 53-16 ], 53 O.S. 1971 17 [ 53-17 ], 53 O.S. 1971 18 [ 53-18 ], 53 O.S. 1971 1 [ 53-1 ] (GERALD E. WEIS)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3787940. Public record. Not legal advice.