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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 959 By: Paxton of the Senate
and
Hilbert of the House
[ vacancies in office - vacancy in office of United
States Senator - duties of Governor - special
elections - noncodification - 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, Chapte r 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
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 member of the United States Senate in an
even-numbered year if the term of the office expires the following
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year. In such case, the candidate elected to the office at the
regular General Election shall be appointed by the Go vernor to fill
the unexpired term.
C. If such a the vacancy occurs in the office of a member of
the United States House of Representatives in an even -numbered year,
the Regular Primary Election, 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. If such a vacancy occurs 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:
1. A Special Primary, Runoff Primary and General Election shall
be held concurrently with the next av ailable regularly scheduled
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
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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 elect ion shall be held at the
next subsequent regularly scheduled statewide regular Primary,
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 shall 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 offici al
certification of the election by 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
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
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services of the Judicial Nominating Commission in the manner as
provided for in the filling 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 o f the
United States Senate from Oklahoma, the Governor shall, within
thirty (30) days of occurrence of the vacancy:
1. Appoint a person eligible to hold such office, who has been
a registered voter of the party of the predecessor in Oklahoma for
at least five (5) years preceding the date that the vacancy was
created, to serve in such office until a successor is elected; and
2. Call a special election , if necessary, to fill such vacancy,
as provided in Section 12 -101 of Title 26 of the Oklahoma Statutes .
D. Any person appointed pursuant to 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 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
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made, proclaim a special election to fill the balance of the
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 d ates
for the filing period, primary election, 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 elig ible 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. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The provisions of this act shall not be severable. If any
provision of this act is found to be unconstitutional and void, the
remaining provisions of the act shall also be void.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/15/2021 - DO PASS, As Amended.