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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1066 By: Hardin (Tommy)
AS INTRODUCED
An Act relating to elections; ordering a legislative
referendum pursuant to the Oklahoma Constitution;
requiring nonpartisan elec tions for county sheriff;
providing procedures; amending 19 O.S. 2011, Section
510, as amended by Section 1, Chapter 258, O.S.L.
2017 (19 O.S. Supp. 2020, Section 510), which relates
to qualifications for county sheriff; modifying
qualifications; providing for codification; providing
ballot title; and directing filing .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. Pursuant to Section 3 of Article V of the Oklahoma
Constitution, there is hereby ordered the foll owing legislative
referendum which shall be filed with the Secretary of State and
addressed to the Governor of the state, who shall submit the same to
the people for their approval or rejection at the next General
Election.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -103.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
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A. Beginning with the 2022 election cycle, elections for the
office of county she riff shall be conducted on a nonpartisan basis.
Candidates for county sheriff shall file a declaration of candidacy
with the secretary of the county election board as provided in
Section 5-103 of Title 26 of the Oklahoma Statutes but shall not
declare a party affiliation.
B. If more than two candidates qualify to have their names
appear on the ballot for the office of county sheriff, the names of
all such candidates shall appear on the Primary Election ballot. If
no single candidate receives more than fi fty percent (50%) of the
votes cast at the Primary Election, the names of the two candidates
receiving the highest number of votes at the Primary Election shall
appear on the General Election ballot.
C. If only two candidates qualify to have their names a ppear on
the ballot for the office of county sheriff, the names of both
candidates shall appear on the General Election ballot.
SECTION 3. AMENDATORY 19 O.S. 2011, Section 510, as
amended by Section 1, Chapter 258, O.S.L. 2017 (19 O.S. Supp. 2020,
Section 510), is amended to read as follows:
Section 510. Any person, otherwise qualified, who has been a
resident of the State of Oklahoma for two (2) years, has been a
registered voter of the party whose nomination he or she seeks, or a
registered Independent, and resides within the county from which
such person seeks election for the six (6) months next preceding the
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first day of the filing period, is at least twenty -five (25) years
of age next preceding the date of filing for office, possesses at
least a high school education and has served as a duly certified
peace officer, in a full -time capacity, for a period of four (4)
years or more prior to the date of filing for the office of county
sheriff, shall be eligible to hold the office of county sheriff or
to file therefor. Within twelve (12) months of taking office, all
newly elected or appointed sheriffs shall complete a sheriff 's
administrative school which has been developed by the Oklahoma
Sheriffs' Association and which has been approved by the Council on
Law Enforcement Education and Training (CLEET). Failure to complete
the sheriff's administrative school within the specified period
shall preclude the new sheriff from obtaining CLEET certification.
New sheriffs with prior CLEET certification, who fail to attend the
sheriff's administrative school, shall have their CLEET
certification revoked. Provided, however, the provisions of this
section relating to qualifications shall not apply to any person
serving who has served as a county sheriff or to any person
previously serving as county sheriff prior to the adoption of this
statute.
For purposes of this section, "peace officer" shall mean a full-
time duly appointed or elected officer who is paid for working more
than twenty-five (25) hours per week and whose duties are to
preserve the public peace, protect life and property, prevent crime,
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serve warrants, and enforce state, federal or military laws and
local ordinances of this state or any political subdivision thereof.
SECTION 4. The Ballot Title for the proposed act shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure would modify the elections for county sherif f.
Beginning in 2022, elections for county sheriff shall be
nonpartisan and shall not declare a party affiliation. If no
candidate receives more than fifty percent (50%) of the votes
cast, the names of the two candidates receiving the highest
number of votes shall be on the General Election ballot. If
only two candidates qualify, the names of both candidates shall
be on the General Election ballot.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 5. The Chief Clerk of the House of Representatives,
immediately after the passage of this act, shall prepare and file
one copy thereof, including the Bal lot Title set forth in SECTION 4
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hereof, with the Secretary of State and on e copy with the Attorney
General.
58-1-5882 LRB 12/16/20