§ 1531.Quo Warranto Abolished - Relief Obtainable By Civil Action - Maintenance By Contestants For Office
Chapter 29: Quo Warranto · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1531
Amendment History
R.L. 1910, § 4919; Amended by Laws 1925, SB 395, c. 96, p. 145, § 1.
Plain-English Summary
Quo warranto was historically a writ used to challenge someone's right to hold a public office or exercise a corporate franchise -- literally asking "by what authority" they act. This section abolishes the writ itself, along with the related procedure of an information in the nature of quo warranto, but preserves the underlying remedies: they're now pursued through an ordinary civil action instead.
For an election contest specifically, the section sets a window: the contestant can bring the action any time after the election board issues its certificate of election, and up until thirty days after the winning official is inducted into office. It also validates suits already pending when this timing rule took effect, so they aren't thrown out as premature if they were filed after the certificate issued or after twenty days from the declared election results. The section doesn't apply to primary elections.
Frequently Asked Questions
What was a writ of quo warranto used for?
It was the traditional legal proceeding for challenging someone's right to hold a public office or exercise a corporate franchise.
Is the writ of quo warranto still used in Oklahoma?
No. Section 1531 abolishes the writ and the related information in the nature of quo warranto, replacing both with an ordinary civil action.
How long does an election contestant have to bring this kind of action?
Any time after the election board issues the certificate of election, and before thirty days after the winning official is inducted into office.
Does this section apply to a primary election contest?
No, the statute specifically says it doesn't apply to primary elections.