Oklahoma 2022 Regular Session

Oklahoma House Bill HB2173 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2173 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2173 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	March 24, 2021
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 2173 By: Hilbert and Lawson of the
35	30		House
36	31
37	32		and
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39	34		Taylor of the Senate
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45		-	[ vacancies in office - vacancy in office of United
46		-	States Senator - appointment - special elections -
47		-	duties of Governor ]
	40	+	An Act relating to vacancies in office; amending 26
	41	+	O.S. 2011, Section 12 -101, as last amended by Section
	42	+	1, Chapter 341, O.S.L. 2019 (26 O.S. Supp. 202 0,
	43	+	Section 12-101) and 51 O.S. 2011, Section 10, which
	44	+	relate to procedures for filling vacancies; modifying
	45	+	procedure for filling vacancy in office of United
	46	+	States Senator; requiring certain appointment;
	47	+	providing for special elections; and specifying
	48	+	certain duties of Governor.
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53	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	55		SECTION 1. AMENDATORY 26 O.S. 2011, Section 12 -101, as
55	56		last amended by Section 1, Chapter 341, O.S.L. 2019 (26 O.S. Supp.
56	57		2020, Section 12-101), is amended to read as follows:
57	58		Section 12-101. A. Except as otherwise provided by law,
58	59		whenever a vacancy shall occur in the office of a member of the
59	60		United States Senate or United States House of Representatives from
60	61		Oklahoma, such vacancy shall be fil led at a Special Election to be
61	62		called by the Governor, who shall issue a Writ of Election within
62	63		thirty (30) days after such vacancy occurs.
63		-	B. No special election shall be called if such a vacancy occurs
64		-	in the office of a member of the United States Senate in an even-
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66		-	SENATE FLOOR VERSION - HB2173 SFLR Page 2
67		-	(Bold face denotes Committee Amendments) 1
	65	+	ENGR. H. B. NO. 2173 Page 2 1
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	90	+	B. No special election shall be called if such a vacancy occurs
	91	+	in the office of a member of the United States Se nate in an even-
92	92		numbered year if the term of the office expires the following year.
93	93		In such case, the candidate elected to the office at the regular
94	94		General Election shall be appointed by the Governor to fill the
95	95		unexpired term.
96	96		C. If such a vacancy occu rs in the office of a member of the
97	97		United States House of Representatives in an even -numbered year, the
98	98		Regular Primary Election, Runoff Primary Election or General
99	99		Election for that office shall be deemed to also serve as a Special
100	100		Election to fill the u nexpired term as designated by the Governor.
101	101		Within thirty (30) days after such vacancy occurs, the Governor
102	102		shall issue a Writ of Election declaring the same, and the candidate
103	103		elected at the Regular Election shall be deemed to have also been
104	104		elected at a Special Election to fill the unexpired term.
105	105		D. The proclamation required by Section 12 -102 of this title
106	106		shall serve as the Writ of Election described in this section.
107	107		E. Whenever a vacancy shall occur in the office of a member of
108	108		the United States Se nate from Oklahoma, such vacancy shall be filled
109	109		as provided in subsection C of Section 10 of Title 51 of the
110	110		Oklahoma Statutes. The special election called by the Governor
111	111		shall be subject to the following provisions:
112	112		1. If the vacancy occurs in an odd -numbered year and the vacant
113	113		office is not scheduled to be filled for a full term at the
114		-	regularly scheduled elections to be held the following year, the
115		-	special Primary, Runoff Primary and General Elections shall be held
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117		-	SENATE FLOOR VERSION - HB2173 SFLR Page 3
118		-	(Bold face denotes Committee Amendments) 1
	115	+	ENGR. H. B. NO. 2173 Page 3 1
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	140	+	regularly scheduled elections to be held the following year, the
	141	+	special Primary, Runoff Primary and General Elections shall be held
143	142		concurrently with the regularly sc heduled statewide regular Primary,
144	143		Runoff Primary and General Elections in the following year;
145	144		2. If the vacancy occurs in an even -numbered year and the
146	145		vacant office is not scheduled to be filled for a full term at the
147	146		regularly scheduled elections held during that year, the special
148	147		Primary, Runoff Primary and General Elections shall be held
149	148		concurrently with the regularly scheduled statewide Primary, Runoff
150	149		Primary and General Elections in the next even -numbered year;
151	150		3. If the vacancy occurs in an odd -numbered year and the vacant
152	151		office is scheduled to be filled for a full term at the regularly
153	152		scheduled elections to be held the following year, no special
154	153		election shall be called. In such case, the candidate elected to
155	154		the office at the regularly sched uled statewide elections shall be
156	155		deemed to also have been elected to fill the vacancy and shall be
157	156		eligible to assume the office upon the official certification of the
158	157		election by the State Election Board; and
159	158		4. If the vacancy occurs in an even -numbered year and the
160	159		vacant office is scheduled to be filled for a full term at the
161	160		regularly scheduled elections to be held during that year, no
162	161		special election shall be called. In such case, the candidate
163	162		elected to the office at the regularly scheduled state wide elections
164	163		shall be deemed to also have been elected to fill the vacancy and
165		-	shall be eligible to assume the office upon the official
166		-	certification of the election by the State Election Board.
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168		-	SENATE FLOOR VERSION - HB2173 SFLR Page 4
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	165	+	ENGR. H. B. NO. 2173 Page 4 1
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	190	+	shall be eligible to assume the office upon the official
	191	+	certification of the election by the State Election Board.
194	192		SECTION 2. AMENDATORY 51 O.S. 201 1, Section 10, is
195	193		amended to read as follows:
196	194		Section 10. A. All vacancies in state offices, except in
197	195		offices of the members of the Legislature , and members of the House
198	196		of Representatives from Oklahoma in the Congress of the United
199	197		States of America and members of the Senate of the United States of
200	198		America, shall be filled by appointment by the Governor.
201	199		B. When a vacancy occurs in the office of district judge,
202	200		associate district judge, or judge of any intermediate appellate
203	201		court, the Governor shall, in filling such vacancy, utilize the
204	202		services of the Judicial Nominating Commission in the manner as
205	203		provided for in the filling of judicial offices under Section 4,
206	204		Article 7B VII-B of the Oklahoma Constitution.
207	205		C. When a vacancy occurs in the office of a member of the
208	206		United States Senate from Oklahoma, the Governor shall, within
209	207		thirty (30) days of occurrence of the vacancy:
210	208		1. Appoint a person to hold such office until a successor is
211	209		elected, with the advice and consent of the Oklahoma State Senate,
212	210		from a list of at least three eligible nominees submitted by the
213	211		Speaker of the Oklahoma House of Representatives; and
214	212		2. Call a special election to fill such vacancy, as provided in
215	213		Section 12-101 of Title 26 of the Oklahoma Statutes, unless the
216		-	vacancy occurs in an even-numbered year and the term of the vacant
217		-	office expires in January of the following year.
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219		-	SENATE FLOOR VERSION - HB2173 SFLR Page 5
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	215	+	ENGR. H. B. NO. 2173 Page 5 1
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	240	+	vacancy occurs in an even-numbered year and the term of the vacant
	241	+	office expires in January of the following year.
245	242		For purposes of this subsection, "eligible nominee" means a person
246	243		qualified to hold the office, who has been an eligible voter in
247	244		Oklahoma of the same political party of the predecessor for at least
248	245		the last five (5) years preceding the date that the vacancy
249	246		occurred. The Oklahoma State Senate may convene in special session
250	247		for the purpose of the confirmation or may consider the eligible
251	248		nominee in regular session. The events described in this subsection
252	249		may all occur on the same day. If the Oklahoma State Senate rejects
253	250		the appointment of the Governor, the Speaker of the Oklahoma House
254	251		of Representatives shall submit an additional eligible nominee.
255	252		B. D. All vacancies in county offices except the board of
256	253		county commissioners or except for any elective county office of any
257	254		county in the State of Oklahoma having a population of more than six
258	255		hundred thousand (600,000), according to the latest Feder al
259	256		Decennial Census shall be filled by appointment by the board of
260	257		county commissioners. If such an appointment is made prior to the
261	258		prescribed filing period for county officers in accordance with the
262	259		provisions of Section 131 of Title 19 of the Oklahoma Statutes, the
263	260		county commissioners shall, at the time said the appointment is
264	261		made, proclaim a special election to fill the balance of the
265	262		unexpired term, providing the balance of the term does not expire in
266	263		the year following the next succeeding general e lection. In making
267		-	the proclamation, the county commissioners shall establish the dates
268		-	for the filing period, primary election, runoff primary election and
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270		-	SENATE FLOOR VERSION - HB2173 SFLR Page 6
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	265	+	ENGR. H. B. NO. 2173 Page 6 1
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	290	+	the proclamation, the county commissioners shall establish the dates
	291	+	for the filing period, primary election, runoff primary election and
296	292		general election to be the same as the next succeeding filing
297	293		period, primary election, runoff pri mary election and general
298	294		election for county officers. The appointee shall be eligible to
299	295		become a candidate at said the special election, providing said the
300	296		appointee is otherwise qualified. The office to be filled shall be
301	297		printed on the same ballot a s other county offices.
302		-	COMMITTEE REPORT BY: COMMITTEE ON RULES
303		-	March 24, 2021 - DO PASS AS AMENDED
	298	+	Passed the House of Representatives the 23rd day of February,
	299	+	2021.
	300	+
	301	+
	302	+
	303	+
	304	+	Presiding Officer of the House
	305	+	of Representatives
	306	+
	307	+
	308	+	Passed the Senate the ___ day of __________, 2021.
	309	+
	310	+
	311	+
	312	+
	313	+	Presiding Officer of the Senate
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