A. When signed copies of a petition are timely filed with the clerk, the clerk shall make a physical count of the number of signatures appearing on the petitions. He shall then publish, in at least one (1) newspaper of general circulation in the municipality, a notice of the filing and the apparent sufficiency or insufficiency of the petition. The notice shall also state that any qualified elector of the municipality may file a protest to the petition or an objection to the count made by the clerk.

B. A protest to the petition or the count of signatures shall be filed in the district court in the county in which the situs of the municipality is located within ten (10) days after the publication. Written notice of the protest shall be served upon the clerk and the parties who filed the petition. In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest. The district court shall fix a day, not less than ten (10) days after the filing of a protest, to hear testimony and arguments for and against the sufficiency of the petition. A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector. After the hearing, the district court shall decide whether such petition is in form required by law.

Historical Data

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Laws 1977, HB 1100, c. 256, § 15-104, eff. July 1, 1978.

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Attorney General's Opinions
	Cite	Name	Level
	2003 OK AG 12,	Question Submitted by: The Honorable Ray Vaughn, State Representative, District 81	Discussed at Length
	2019 OK AG 9,	Question Submitted by: The Honorable Chris Kannady, State Representative, District 91	Cited
	1989 OK AG 10,	Question Submitted by: The Honorable Harold Hale, Oklahoma House of Representatives	Cited
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	2007 OK CIV APP 19, 155 P.3d 841,	IN RE: REFERENDUM PETITIONS NO. 0405-1, 0405-2 AND 0405-3	Discussed
	2014 OK CIV APP 94, 340 P.3d 13,	IN RE: CITY OF McLOUD INITIATIVE PETITION 2010-2 DE-ANNEXATION	Cited
	2015 OK CIV APP 79, 358 P.3d 946,	IN RE: INITIATIVE PETITION FILED SEPT. 7 2008	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1998 OK 5, 66 P.3d 352, 69 OBJ 265,	CLAPSADDLE v. BLEVINS	Discussed at Length
	2003 OK 104, 82 P.3d 90,	IN RE INITIATIVE PETITION NO. 27	Discussed at Length
	2007 OK 29, 158 P.3d 1067,	TERRY v. BISHOP	Discussed
	2008 OK 61, 188 P.3d 128,	NEIDY v. CITY OF CHICKASHA	Cited
	1980 OK 61, 610 P.2d 243,	Referendum Petition Filed with City Clerk of Norman on January 31, 1980, Matter of	Cited
	2021 OK 5, 480 P.3d 906,	EZZELL v. LACK	Discussed at Length
	1984 OK 83, 691 P.2d 901,	Fite v. Lacey	Discussed at Length

Citationizer: Table of Authority

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Cite	Name	Level
None Found.