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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2173 By: Hilbert
COMMITTEE SUBSTITUTE
An Act relating to vacancies in office; amending 26
O.S. 2011, Section 12-101, as last amended by Section
1, Chapter 341, O.S.L. 2019 (26 O.S. Supp. 2020,
Section 12-101) and 51 O.S. 2011, Section 10, which
relate to procedures for filling vacancies; modifying
procedure for filling vacancy in office of United
States Senator; requiring certain appointment;
providing for special elections; specifying certain
duties of Governor; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 12 -101, as
last amended by Section 1, Chapter 341, O.S.L. 2019 (26 O.S. Supp.
2020, Section 12-101), is amended to read as follows:
Section 12-101. A. Except as otherwise provided by law,
whenever a vacancy shall occur in the office of a member of the
United States Senate or United States House of Representatives from
Oklahoma, such vacancy shall be filled at a Special Election to be
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called by the Governor, who shall issue a Writ of Election within
thirty (30) days after such vacancy occurs.
B. No special election shall be called if such a vacancy occurs
in the office of a member of the United States Senate in an even -
numbered year if the term of the office expires the following year.
In such case, the candidate elected to th e office at the regular
General Election shall be appointed by the Governor to fill the
unexpired term.
C. If such a vacancy occurs in the office of a member of the
United States House of Representatives in an even -numbered year, the
Regular Primary Elect ion, Runoff Primary Election or General
Election for that office shall be deemed to also serve as a Special
Election to fill the unexpired term as designated by the Governor.
Within thirty (30) days after such vacancy occurs, the Governor
shall issue a Writ of Election declaring the same, and the candidate
elected at the Regular Election shall be deemed to have also been
elected at a Special Election to fill the unexpired term.
D. The proclamation required by Section 12 -102 of this title
shall serve as the Writ of Election described in this section.
E. Whenever a vacancy shall occur in the office of a member of
the United States Senate from Oklahoma, such vacancy shall be filled
as provided in subsection C of Section 10 of Title 51 of the
Oklahoma Statutes. The special election called by the Governor
shall be subject to the following provisions:
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1. If the vacancy occurs in an odd -numbered year and the vacant
office is not scheduled to be filled for a full term at the
regularly scheduled elections to be h eld the following year, the
special Primary, Runoff Primary and General Elections shall be held
concurrently with the regularly scheduled statewide regular Primary,
Runoff Primary and General Elections in the following year;
2. If the vacancy occurs in an even-numbered year and the
vacant office is not scheduled to be filled for a full term at the
regularly scheduled elections held during that year , the special
Primary, Runoff Primary and General Elections shall be held
concurrently with the regularly sche duled statewide Primary, Runoff
Primary and General Elections in the next even -numbered year;
3. If the vacancy occurs in an odd -numbered year and the vacant
office is scheduled to be filled for a full term at the regularly
scheduled elections to be held the following year, no special
election shall be called. In such case, the candidate elected to
the office at the regularly scheduled statewide elections shall be
deemed to also have been elected to fill the vacancy and shall be
eligible to assume the off ice upon the official certification of the
election by the State Election Board; and
4. If the vacancy occurs in an even -numbered year and the
vacant office is scheduled to be filled for a full term at the
regularly scheduled elections to be held during t hat year, no
special election shall be called. In such case, the candidate
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elected to the office at the regularly scheduled statewide elections
shall be deemed to also have been elected to fill the vacancy and
shall be eligible to assume the office upon t he official
certification of the election by the State Election Board.
SECTION 2. AMENDATORY 51 O.S. 2011, Section 10, is
amended to read as follows:
Section 10. A. All vacancies in state offices, except in
offices of the member s of the Legislature , and members of the House
of Representatives from Oklahoma in the Congress of the United
States of America and members of the Senate of the United States of
America, shall be filled by appointment by the Governor.
B. When a vacancy occurs in the office of district judge,
associate district judge, or judge of any intermediate appellate
court, the Governor shall, in filling such vacancy, utilize the
services of the Judicial Nominating Commission in the manner as
provided for in the filli ng of judicial offices under Section 4,
Article 7B VII-B of the Oklahoma Constitution.
C. When a vacancy occurs in the office of a member of the
United States Senate from Oklahoma, the Governor shall, within
thirty (30) days of occurrence of the vacancy:
1. Appoint a person to hold such office until a successor is
elected, with the advice and consent of the Oklahoma State Senate,
from a list of at least three eligible nominees submitted by the
Speaker of the Oklahoma House of Representatives; and
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2. Call a special election to fill such vacancy, as provided in
Section 12-101 of Title 26 of the Oklahoma Statutes, unless the
vacancy occurs in an even -numbered year and the term of the vacant
office expires in January of the following year.
For purposes of this subsection, "eligible nominee" means a person
qualified to hold the office, who has been an eligible voter in
Oklahoma of the same political party of the predecessor for at least
the last five (5) years preceding the date that the vacancy
occurred. The Oklahoma State Senate may convene in special session
for the purpose of the confirmation or may consider the eligible
nominee in regular session. The events described in this subsection
may all occur on the same day. If the Oklahoma State Senate rejects
the appointment of the Governor, the Speaker of the Oklahoma House
of Representatives shall submit an additional eligible nominee.
B. D. All vacancies in county offices except the board of
county commissioners or except for any elective county office of any
county in the State of Oklahoma having a population of more than six
hundred thousand (600,000), according to the latest Federal
Decennial Census shall be filled by appointment by the board of
county commissioners. If such an appointment is made prior to the
prescribed filing period for county officers in accordance with the
provisions of Section 131 of Title 19 of the Oklahoma Statutes, the
county commissioners shall, at the time said the appointment is
made, proclaim a special election to fill the ba lance of the
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unexpired term, providing the balance of the term does not expire in
the year following the next succeeding general election. In making
the proclamation, the county commissioners shall establish the dates
for the filing period, primary electi on, runoff primary election and
general election to be the same as the next succeeding filing
period, primary election, runoff primary election and general
election for county officers. The appointee shall be eligible to
become a candidate at said the special election, providing said the
appointee is otherwise qualified. The office to be filled shall be
printed on the same ballot as other county offices.
SECTION 3. It being immediately necessary for the preservation
of the public peace, h ealth or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-7448 LRB 02/09/21