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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 959 By: Paxton
AS INTRODUCED
An Act relating to vacancies in office; amend ing 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), which relates to vacancies in
Congress; modifying procedure fo r filling vacancy in
office of United States Senator; amending 51 O.S.
2011, Section 10, which rela tes to vacancies and
special elections; specifying certain d uties of
Governor; requiring certain appointment; providing
for special elections; prohibiting eligibility for
certain office; updating statutory language;
prohibiting severability; providing for
noncodification; and providing an effective date.
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, Cha pter 341, O.S.L. 2019 (26 O.S. Supp.
2020, Section 12-101), is amended to read as follow s:
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 the vacancy
occurs in the office of a mem ber 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 the office at the
regular General Election shall be appointed by the Governor to fill
the unexpired term.
C. If such a the vacancy occurs in the o ffice of a member of
the United States House of Representatives in an even -numbered year,
the Regular Primary Election, Runoff Primary Election o r General
Election for that office shall be deemed to also serve as a Special
Election to fill the unexpired te rm as designated by the Governor.
Within thirty (30) days after such vacancy occurs, the Governor
shall issue a Writ of Election declaring the s ame, and the candidate
elected at the Regular Election shall be deeme d to have also been
elected at a Special E lection to fill the unexpired term.
D. If such a vacancy occurs in the office of a member of the
United States Senate from Oklahoma, such vacan cy 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:
1. A Special Primary, Runoff Primary and General Election shall
be held concurrently with the next available regularly scheduled
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statewide Primary, Runoff Primary and General Election , and a
special candidate filing period shall be on the same dates as the
regular candidate filing period for those elections;
2. Provided, if a vacancy occurs in an even-numbered year on or
before March 1, then the special election, if necessary, shall be
held that same year in the manner provided in paragraph 1 of this
subsection. However, if the vacancy occurs after March 1 in an
even-numbered year, then the special election shall be held at the
next subsequent regularly scheduled statewide regular Primar y,
Runoff Primary and General Elections;
3. Provided, if the vacant office is already scheduled to be
filled for a full term at the next available regularly scheduled
election, then no special election sh all be called. In such case,
the candidate elected to the office at the regularly scheduled
election shall be deemed to also have been elected to fill the
vacancy and shall be eligible to assume the office upon the official
certification of the election b y the State Election Board.
E. The proclamation required by Section 12 -102 of this title
shall serve as the Writ of Election described in this section.
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 members of the Legislature , and members of the House
of Representatives from Oklahoma in the Congress of the United
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States of America and members of the Senate of the Unite d 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 mann er as
provided for in the filling of judicial offices under Section 4,
Article 7B VII-B of the Oklahoma Constitution.
C. When a vacancy occ urs in the office of a member of the
United States Senate from Oklahoma, the Governor shall, within
thirty (30) days of occurrence of the v acancy:
1. Appoint a person eligible to hold such office, who has been
a registered voter of the party of the prede cessor in Oklahoma for
at least five (5) years preceding the date that the vacancy was
created, to serve in such offi ce until a successor i s elected; and
2. Call a special election , if necessary, to fill such vacancy,
as provided in Section 12 -101 of Title 26 of the Okl ahoma Statutes.
D. Any person appointed pursuant t o paragraph 1 of subsection C
of this section shall be ineligible to file as a candidate for the
office when it next appears on the ballot .
B. E. All vacancies in county offices except the board of
county commissioners or except for any elective county of fice of any
county in the State of Oklahoma having a population of more than six
hundred thousand (600,000), according to the latest Federal
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Decennial Census shall be filled by appointment by the board of
county commissioners. If such an appointment is ma de prior to the
prescribed filing period for county officers in accordance with the
provisions of Section 131 of Title 19 of the Oklahoma Sta tutes, the
county commissioners shall, at the time said the appointment is
made, proclaim a special election to fil l the balance of the
unexpired term, providing the balance of the term does not expire in
the year following the next succeeding general elec tion. In making
the proclamation, the county commissioners shall establish the da tes
for the filing period, primar y election, runoff primary election and
general election to be the same as the next su cceeding filing
period, primary election, runoff primar y election and general
election for county officers. The appointee shall be eligi ble to
become a candidate at said the special election, providing said the
appointee is otherwise qualified. The offic e to be filled shall be
printed on the same ballot as o ther county offices.
SECTION 3. NEW LAW A new section of law not to be
codified in the Okla homa Statutes reads as follows:
The provisions of this act shall not be severable. If any
provision of this act is found to be unconstituti onal and void, the
remaining provisions of the act shall also be void.
SECTION 4. This act shall be come effective November 1, 20 21.
58-1-525 TEK 1/21/2021 7:29:04 PM