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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3574 By: Wolfley
AS INTRODUCED
An Act relating to elections; permitting a registered
candidate to bring proper action for the enforcement
of election laws; requiring written demand; providing
a time frame for written demand; providing a time
frame within which a civil suit must be filed;
directing for thirty percent of meritorious claims to
be awarded; directing for certain fees be recoverable
by the registered candidate; defining registered
candidate; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 16-127 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. A registered candidate, as defined by subsection D of this
section, upon the refusal, failure, or neglect of a proper officer
of the state, county, city, district, or political subdivision
thereof to institute or diligently prosecute proper proceedings for
the enforcement of state election laws, may in the name of the State
of Oklahoma as plaintiff, after serving a written demand as
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described in subsection B of this section to the proper officer,
institute and maintain any proper action that the proper officer
might institute and maintain for the enforcement of civil fines or
punishments or other declaratory, equitable, or injunctive relief.
B. Civil actions filed by a registered candidate for
enforcement of state election laws can only be brought if the
written demand upon a proper officer is made by the registered
candidate within one (1) year of the discovery of evidence that a
violation of state election laws has been committed, and the civil
suit is filed within six (6) months following the refusal, failure,
or neglect of the proper officer to act upon the written demand.
C. If a court of competent jurisdiction determines the claims
to be meritorious, any fines or other compensation awarded shall be
paid to the State of Oklahoma with thirty percent (30%) of any such
award paid in compensation to the registered candidate instituting
the action. Upon entry of a judgment in favor of the plaintiff, the
registered candidate shall be entitled to recover reasonable
attorney fees and court costs incurred in the prosecution of the
action, so long as the combined amount of attorney fees, court
costs, and compensation awarded does not exceed the amount of
revenue the state receives in fines.
D. The term "registered candidate" shall mean a registered
candidate of the State of Oklahoma or such county, city, district,
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or political subdivision thereof who is affected by a violation of
state election laws.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15301 MJ 01/09/26