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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 959 By: Paxton of the Senate
and
Hilbert of the House
CONFERENCE 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), which relates to vacancies in
Congress; modifying procedure fo r filling vacancy in
office of United States Senator; providing for
irrevocable resignation on a date certain; 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; requiring submission of oath
to Secretary of State for cer tain persons; requiring
publication of oath on certain website ; updating
statutory language; prohibit ing severability;
providing for noncodifi cation; 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, Cha pter 341, O.S.L. 2019 (26 O.S. Supp.
2020, Section 12-101), is amended to read as follows:
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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 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 ev en-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 va cancy 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. C. If a vacancy or irrevocable resignation occurs in the
office of a member of the United States Senate from Oklahoma, the
vacancy shall be filled as provided in subsection C of Section 10 of
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Title 51 of the Oklahoma Statutes. The special election called by
the Governor shall be subject to the following provis ions:
1. A Special Primary, Runoff Primary and General Election shall
be held concurrently with the next available regularly scheduled
statewide Primary, Runoff Primary and General El ection, 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, s hall be
held that same year in the manner provided in paragraph 1 of thi s
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 regul ar 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 availabl e 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 dee med to also have been elected to fill the
vacancy and shall be eligible to assume t he office upon the official
certification of the election b y the State Election Board.
4. An irrevocable resignation shall occur when a member of the
United States Senate from Oklahoma provides a written letter of
resignation to the Secretary of State as provided in Sec tion 12-119
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of this title that serves notice of the Senate member ’s resignation
on a date certain.
D. 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 Unite d States of
America, shall be filled by appointme nt by the Governor.
B. When a vacancy occurs in the office of district j udge,
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 i n the manner as
provided for in the filling of judicial offices under Sec tion 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 vacancy:
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 office until a successor is elected; and
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2. Call a special electio n, if necessary, to fill such vacancy,
as provided in Section 12 -101 of Title 26 of the Oklahoma Statutes.
D. Prior to an appointment pursuant to paragraph 1 of
subsection C of this section, a person who is a prospective
appointee shall submit to the Secretary of State an oath affirming
that the person will not file as a candidate for the office when it
next appears on the ballot. The Secretary of State shall prescribe
the oath required by this paragraph, and any oath submitted shall be
public record and published on the website of the Office of the
Secretary of State.
B. E. All vacancies in county offices except the board o f
county commissioners or except for any elective county of fice of any
county in the State of Oklahoma having a p opulation of more than six
hundred thousand (600,000), according to the latest Federal
Decennial Census shall be filled by appointment by the b oard of
county commissioners. If such an appointment is ma de prior to the
prescribed filing period for county of ficers 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 bal ance of the term does not expire in
the year following the next succeeding general elec tion. In making
the proclamation, the county commission ers shall establish the da tes
for the filing period, primar y election, runoff primary election and
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general election to be the same as the next succeeding filing
period, primary election, runoff primar y election and general
election for county officers. Th e appointee shall be eligi ble 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 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. It being immediately necessary for the pr eservation
of the public peace, health 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.
58-1-2165 TEK 5/19/2021 4:20:50 PM