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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1066 By: Hardin (Tommy)
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; ordering a legislative
41	41	referendum pursuant to the Oklahoma Constitution;
42	42	requiring nonpartisan elec tions for county sheriff;
43	43	providing procedures; amending 19 O.S. 2011, Section
44	44	510, as amended by Section 1, Chapter 258, O.S.L.
45	45	2017 (19 O.S. Supp. 2020, Section 510), which relates
46	46	to qualifications for county sheriff; modifying
47	47	qualifications; providing for codification; providing
48	48	ballot title; and directing filing .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. Pursuant to Section 3 of Article V of the Oklahoma
56	56	Constitution, there is hereby ordered the foll owing legislative
57	57	referendum which shall be filed with the Secretary of State and
58	58	addressed to the Governor of the state, who shall submit the same to
59	59	the people for their approval or rejection at the next General
60	60	Election.
61	61	SECTION 2. NEW LAW A new section of law to be codified
62	62	in the Oklahoma Statutes as Section 5 -103.1 of Title 26, unless
63	63	there is created a duplication in numbering, reads as follows:
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90	90	A. Beginning with the 2022 election cycle, elections for the
91	91	office of county she riff shall be conducted on a nonpartisan basis.
92	92	Candidates for county sheriff shall file a declaration of candidacy
93	93	with the secretary of the county election board as provided in
94	94	Section 5-103 of Title 26 of the Oklahoma Statutes but shall not
95	95	declare a party affiliation.
96	96	B. If more than two candidates qualify to have their names
97	97	appear on the ballot for the office of county sheriff, the names of
98	98	all such candidates shall appear on the Primary Election ballot. If
99	99	no single candidate receives more than fi fty percent (50%) of the
100	100	votes cast at the Primary Election, the names of the two candidates
101	101	receiving the highest number of votes at the Primary Election shall
102	102	appear on the General Election ballot.
103	103	C. If only two candidates qualify to have their names a ppear on
104	104	the ballot for the office of county sheriff, the names of both
105	105	candidates shall appear on the General Election ballot.
106	106	SECTION 3. AMENDATORY 19 O.S. 2011, Section 510, as
107	107	amended by Section 1, Chapter 258, O.S.L. 2017 (19 O.S. Supp. 2020,
108	108	Section 510), is amended to read as follows:
109	109	Section 510. Any person, otherwise qualified, who has been a
110	110	resident of the State of Oklahoma for two (2) years, has been a
111	111	registered voter of the party whose nomination he or she seeks, or a
112	112	registered Independent, and resides within the county from which
113	113	such person seeks election for the six (6) months next preceding the
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140	140	first day of the filing period, is at least twenty -five (25) years
141	141	of age next preceding the date of filing for office, possesses at
142	142	least a high school education and has served as a duly certified
143	143	peace officer, in a full -time capacity, for a period of four (4)
144	144	years or more prior to the date of filing for the office of county
145	145	sheriff, shall be eligible to hold the office of county sheriff or
146	146	to file therefor. Within twelve (12) months of taking office, all
147	147	newly elected or appointed sheriffs shall complete a sheriff 's
148	148	administrative school which has been developed by the Oklahoma
149	149	Sheriffs' Association and which has been approved by the Council on
150	150	Law Enforcement Education and Training (CLEET). Failure to complete
151	151	the sheriff's administrative school within the specified period
152	152	shall preclude the new sheriff from obtaining CLEET certification.
153	153	New sheriffs with prior CLEET certification, who fail to attend the
154	154	sheriff's administrative school, shall have their CLEET
155	155	certification revoked. Provided, however, the provisions of this
156	156	section relating to qualifications shall not apply to any person
157	157	serving who has served as a county sheriff or to any person
158	158	previously serving as county sheriff prior to the adoption of this
159	159	statute.
160	160	For purposes of this section, "peace officer" shall mean a full-
161	161	time duly appointed or elected officer who is paid for working more
162	162	than twenty-five (25) hours per week and whose duties are to
163	163	preserve the public peace, protect life and property, prevent crime,
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190	190	serve warrants, and enforce state, federal or military laws and
191	191	local ordinances of this state or any political subdivision thereof.
192	192	SECTION 4. The Ballot Title for the proposed act shall be in
193	193	the following form:
194	194	BALLOT TITLE
195	195	Legislative Referendum No. ____ State Question No. ____
196	196	THE GIST OF THE PROPOSITION IS AS FOLLOWS:
197	197	This measure would modify the elections for county sherif f.
198	198	Beginning in 2022, elections for county sheriff shall be
199	199	nonpartisan and shall not declare a party affiliation. If no
200	200	candidate receives more than fifty percent (50%) of the votes
201	201	cast, the names of the two candidates receiving the highest
202	202	number of votes shall be on the General Election ballot. If
203	203	only two candidates qualify, the names of both candidates shall
204	204	be on the General Election ballot.
205	205	SHALL THE PROPOSAL BE APPROVED?
206	206	FOR THE PROPOSAL — YES _____________
207	207	AGAINST THE PROPOSAL — NO _____________
208	208	SECTION 5. The Chief Clerk of the House of Representatives,
209	209	immediately after the passage of this act, shall prepare and file
210	210	one copy thereof, including the Bal lot Title set forth in SECTION 4
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237	237	hereof, with the Secretary of State and on e copy with the Attorney
238	238	General.
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240	240	58-1-5882 LRB 12/16/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1066 Compare Versions