RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 1531 abolishes the old writs of quo warranto and information in the nature of quo warranto, replacing them with an ordinary civil action, and lets an election contestant bring that action anytime between the certificate of election and thirty days after the winner takes office.

Full Text of § 1531

Text size

The writ of quo warranto, and proceedings by information in the nature of quo warranto, are abolished and the remedies heretofore obtainable in those forms may be had by civil action; provided, that such cause of action may be instituted and maintained by the contestant for such office at any time after the issuance of the certificate of election by the state, county, township or city election boards, and before the expiration of thirty (30) days after such official is inducted into office; provided further, that all suits now pending, contesting such elections, shall not be dismissed because of the prematurity as to time of their commencement, which shall be deemded valid and timely, if commenced after the issuance of the election certificate or after twenty (20) days after the result of said election having been declared by such election board; and provided further, that this act shall not apply to primary election.

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.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: quo warranto oklahomaelection contest deadline oklahoma12 O.S. § 1531what is quo warranto action oklahoma