Writs of Quo Warranto shall be established as an extraordinary form of relief, and shall be the exclusive means of determining if a person or organization is illegally occupying an office, exceeding a franchise, or usurping an exclusive privilege granted in accordance with the law. A successful petition for a Writ of Quo Warranto shall result in the ouster of the Respondent, or in the cessation of their franchise, incorporation, or privilege.

(1) Petitions for a Writ of Quo Warranto may only be filed by the person from whom a privilege has been usurped, by a citizen who is represented by a person unlawfully occupying a public office, or by a government employee acting in their official capacity, including the Attorney General, any other employees of the Department of Justice, and any equivalent employees or officials in the several states.

(2) A Petitioner acting in their official capacity representing a government shall be required to show that the Respondent has unlawfully usurped an office, authority, privilege, or has exceeded a franchise, in order for an ouster or equivalent relief to be ordered.

(3) A private citizen filing suit requesting a Writ of Quo Warranto as it relates to a privilege or franchise shall be required to show that the Respondent has unlawfully usurped their privilege or franchise, and they, as the Petitioner, are legally entitled to the privilege or franchise.

(4) A private citizen filing suit requesting a Writ of Quo Warranto as it relates to a public official unlawfully holding office shall be required to show the Respondent has unlawfully usurped or occupies a public office, and that they are either eligible to cast a ballot for the position, or are being represented by the officer as a government official.

(5) Any Petitioner filing suit requesting a Writ of Quo Warranto as it relates to a public official may alternatively seek both an ouster and a replacement, in which case the Petitioner must also show that a citizen is legally entitled to the usurped or occupied position or office.

Section History

Added [Stat. 26-21, Federal Judicial Writs and Remedies Act of 2026](https://ols.krameria.xyz/Stat-26-21-Federal-Judicial-Writs-and-Remedies-Act-of-2026-7a9633f66f5245099e161488b08a3f91), § 3(D)

Other Notes