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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 602 By: Boren
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Sections 5-105a, 10-101, 10-101.1, 10-102, and 10-
108, which relates to misdemeanor a nd felony
offenders barred from public office, nomination of
Presidential Electors , candidates pledged to
independent candidate for President, oath for
Presidential Electors, and vacancies; defining terms;
prohibiting certain action by Presidential Elector s;
requiring certain decertification and ineligibility
determination; authoriz ing rule promulgation;
requiring certain notice; stating procedures for
posting of notice; stating requirements for State
Election Board; creating misdemeanor offenses;
creating penalties; prohibiting certain advertisement
and communications; directing certain forfeiture of
votes; nullifying certain pledges; providing for
certain vacancies; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 5-105a, is
amended to read as follows:
Section 5-105a. A. A person who has been convicted of a
misdemeanor involving embezzlement or a felony under the laws of
this state or of the United States or who has entered a plea of
guilty or nolo contendere to such misdemeanor involving embezzlement
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or felony or who has been convicted of a crime in another state
which would have been a misdemeanor involving embezzlement or a
felony under the laws of this state or has entered a plea of guilty
or nolo contendere t o such crime For the purposes of this section:
1. “Disqualifying crime” means a misdemeanor involving
embezzlement or a felony under the laws of the United States or any
political subdivision of the United States;
2. “Disqualifying event” means any event that occurs when a
person is convicted of a disqualifying crime, enters a plea of
guilty or nolo contendere for a disqualifying crime, or has pending
charges, pending indictment s, or pending judicial process for a
disqualifying crime. A disqualifying event shall be disregarded for
purposes of this section if and at the time that any of the
following instances occur :
a. the conviction is pardoned,
b. the disqualifying event is ex punged from the record in
the given jurisdiction, or
c. the person is exonerated for the disqualifying event.
A disqualifying event shall not be disregarded based on mere
lapse of time, completion, suspension, or deferment of a sentence,
or pending appeal; and
3. “Ineligible” or “decertified” means a person who is or
becomes ineligible to be a candidate or receive votes in this state
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due to a disqualifying event or who is decertified as a candidate,
including a presidential candidate, due to a disqualifyin g event.
B. Unless disregarded under this section, a disqualifying event
shall not be eligible to be disqualify a person from being a
candidate for or to be elected to any state, county, municipal,
judicial or school office or any other elective office of any
political subdivision of this state for a period of fifteen (15)
years following completion of his sentence or during the pendency of
an appeal of such conviction or plea .
B. The provisions of this section shall not be construed to
preclude a person who has received a pardon from being eligible for
or from holding public office.
C. A presidential elector of this state shall not vote for nor
pledge his or her vote to a presidential candidate at any time after
the candidate’s disqualifying event unless the disqualifying event
is disregarded pursuant to the provisions of this sec tion.
D. Unless disregarded under this section, a disqualifying event
disqualifies a person from being certified in this state as a
presidential candidate for any recognized, un recognized, or
independent party. A previously certified presidential candidate
shall be decertified as of the occurrence of a disqualifying event
that occurs at any time before a primary or general election is
held, at any time before the presidential el ectors of this state
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cast their votes, or at any time before the Governor’s office
certifies the result of any such vote.
E. A person becomes ineligible or decertified as a presidential
candidate automatically upon the occurrence of a disqualifying event
and until or unless the disqualifying event is disregarded under
this section.
F. The Secretary of the State Election Board shall promulgate
rules and procedures for formalizing and recording ineligibility and
decertification. The Secretary shall not allow any rule or
procedure to delay or otherwise affect the existence or date of
ineligibility or decertification. Failure to implement or adhere to
any State Election Board rule or process shall have no effect on the
existence or timing of ineligibility or decertification.
G. Within five (5) calendar days after the State Election Board
becomes aware that a disqualifying event exists or arises for a
person who has been nominated to be a presidential candidate,
pursuant to the laws of this state, or who has filed a Statement of
Candidacy pursuant to the laws of this state, the State Election
Board shall provide a notice of ineligibility or decertification to
such person, to any pledged presidential elector, and to the public.
Such notice of ineligibility or decertification shall :
1. Include:
a. the name of the ineligible or decertified person,
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b. the fact that such person is ineligible to be a
presidential candidate in this state and if previously
certified, has been decertified as a presidential
candidate in this state,
c. the reason such person is ineligible or decertified
with appropriate citation and links , where
appropriate, to this section and legal documents
providing ineligibility or decertification, and
d. this statement in identical or substantially similar
words: THE PERSON NAMED ON THIS NOTICE IS NOT
ELIGIBLE TO BE A PRESIDENTIAL CANDIDATE IN THIS STATE
AND IS NOT ELIGIBLE TO RECEIVE A VOTE FOR THE OFFICE
OF PRESIDENT IN THIS STATE. ANY VOTE CAST FOR THIS
CANDIDATE WILL BE IGNORED, WILL NOT BE CO UNTED,
RECORDED, OR REPORTED AND WILL NOT BE PART OF ANY
PUBLIC RECORD; and
2. Be posted conspicuously on any state -controlled website
related to the election or to voters and shall be posted at all
polling places as early as forty -eight (48) hours before related
voting opens at that location and until after the last related vote
is cast at that location.
H. The State Election Board shall implement a process to ensure
that any votes cast for the ineligible or decertified person are
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disregarded, not counte d or recorded, and stricken from any public
record.
I. The State Election Boa rd is not required to reprint ballots
that include an ineligible or decertified person.
J. Any person who publishes or otherwise releases the
information on any cast ballot he or she did not personally cast
shall be guilty of a misdemeanor punishable by a fine no less than
Five Hundred Dollars ($500.00) per violation.
K. 1. Any person who prints, airs, or otherwise displays or
disseminates through traditional or non -traditional media, a
political advertisement or electioneering communication in support
of or against a person who is ineligible or decertified to be a
presidential candidate in this state shall be guilty of a
misdemeanor punishable by a fine no less than Five Hundre d Dollars
($500.00) per violation.
2. No political advertisement or electioneering communication
violates the provisions of paragraph 1 of this subsection if it was
first displayed or was first disseminated before the ineligibility
or decertification shou ld have reasonably been known, unless it
continues to be displayed or dissemin ated after the end of the fifth
calendar day after the ineligibility or decertification should have
been known. A mere announcement or publication of the notice of
disqualification described in this section shall not constitute a
violation of this section. No communication shall be deemed a
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political advertisement or electioneering communication under this
section unless it is or would be subject to ethical rules or laws of
this state.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 10-101, is
amended to read as follows:
Section 10-101. A. The nominees for Presidential Electors of
any recognized political party shall be selected at a convention of
the party in a manner to be determined by the party.
B. The nominees for Presidential Electors shall be certified by
the chair of the party to the Secretary of the State Election Board
no later than July 15 of a presidential election year.
C. Failure of a politi cal party to properly certify the names
of its nominees for Presidential Elect ors within the time specified
shall bar such party from placing any candidates for Presidential
Electors on the ballot at the General Election.
D. 1. A recognized political par ty shall certify its nominees
for President of the United States and Vice President of the United
States to the Secretary of the State Election Board no later than
seventy-five (75) days prior to the date of the General Election to
ensure the State Electio n Board and the county election boards have
sufficient time to meet the deadli ne for sending absentee ballots to
uniformed services voters pursuant to federal and state law.
2. If the nominating convention of a recognized political party
is scheduled to conclude after the deadline provided in paragraph 1
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of this subsection, the Secretary may accept a provisional
certification of the party ’s nominees for President and Vice
President of the United States. A provisional certification must be
received by the Secretary prior to the deadline, and the party shall
provide the official cert ification of nominees to the Secretary upon
the adjournment of the convention.
3. If the recognized political party ’s nominee for President of
the United States or Vice Presiden t of the United States is or
becomes ineligible or decertified, as provided for in Section 5 -105a
of this title, or any other applicable state or federal law, the
recognized political party forfeits any and all votes pledged by any
presidential elector.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 10 -101.1, is
amended to read as follows:
Section 10-101.1. A. The following procedure shall be observed
for Presidential Electors pledged to an independent candidate for
President of the United States:
1. A person wishing to appear on the General Election ballot as
an independent candidate for President of the United States shall
file a Statement of Candidacy with the Secretary of the State
Election Board no later than July 15 of a presi dential election
year;
2. a. the Statement of Candidacy shall be in a form to be
prescribed by the Secretary of the State Election
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Board, and shall include the candidate ’s full legal
name, the candidate’s address of residence, the
candidate’s mailing address, the name of the candidate
as it should appear on the ballot and any other
information required by the Secretary of the State
Election Board, and
b. the candidate shall swear an oath or affirm on the
Statement of Candidacy that the candidate meets the
qualifications for President of the United States set
forth in the Constitution of the United States, and
the candidate’s signature shall be witnessed by a
notary public;
3. The Statement of Candidacy shall be accompanied by a
certification of the name and address of residence for each
candidate for Presidential Elector pledged to the independent
candidate for President of the United States. The number of
electors so certified shall be equal to the number apportioned to
the State of Oklahoma pursuant to th e provisions of Section 1 of
Article II of the United States Constitution. Ea ch candidate for
Presidential Elector so nominated shall subscribe to an oath
prescribed by the Secretary of the State Election Board, which shall
be in the same manner, substanc e and form as the oath described in
Section 10-102 of this title;
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4. a. the The Statement of Candidacy shall be accompanied by
a petition supporting a candidate ’s filing,.
b. the The form of the petition shall be prescribed by
the Secretary of the State El ection Board. Each page
of the petition must contain the names of registered
voters from a single county ,.
c. the The petition shall bear the same number of
signatures of registered voters that is required to
form a recognized political party as described in
Section 1-108 of this title,.
d. within Within thirty (30) days after receipt of the
petition, the Secretary of the State Election Board
shall determine the sufficiency of the petition ,.
e. in In lieu of the petition required by this
subsection, a filing fee for each Presidential Elector
committed to the independent candidate fo r President
of the United States may be submitted in the form of a
cashier’s check or certified check made payable to the
Secretary of the State Election Board. The filing fee
for each Presidential Elector shall be in an amount
equal to the filing fee described in Section 20 -102 of
this title. The sum of the filing fees for each
Presidential Elector may be paid in a single cashier ’s
check or certified check. The filing fees sha ll be
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deposited in the State Election Board Revolving Fund
created pursuant to Section 3-107 of this title; and
5. If the requirements set forth in this section are found by
the Secretary of the State Election Board to be sufficient, then the
independent candidate for President of the United States shall be
qualified to appear on the General Election ballot. The candidate
shall certify to the Secretary of the State Election Board the name
of the candidate’s Vice Presidential running mate no later than the
deadline established in Section 10 -101 of this title for the
certification by a recognized political party of its nominee for
Vice President of the United States ; and
6. If any independent candidate for President of the United
States is or becomes inelig ible or decertified, as provided for in
Section 5-105a of this title, or any other applicable state or
federal law, the independent candidate forfeits any and all votes
pledged by any presidential elector.
B. A political party not recognized under the law s of the State
of Oklahoma this state may place its nominees for President of the
United States, Vice President of the United States and Presidential
Electors on the ballot subject to the same requirements,
restrictions and deadlines as provided for an ind ependent candidate
for President of the United States.
1. Provided, the The national chair of the unrecognized
political party shall submit the Statement of Candidacy on behalf of
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the unrecognized political party, and shall provide the Secretary of
the State Election Board with a separate certificate of nomination
for the unrecognized political party’s nominees for President and
Vice President of the United States, in a form and manner prescribed
by the Secretary of the State Election Board.
2. If the unrecognized political party ’s nominees for President
of the United States or Vice President of the United States are or
become ineligible or decertified, as provided for in Section 5 -105a
of this title, or any other applicable state or federal law, the
unrecognized political party forfeits any and all votes pledged by
any presidential elector.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 10 -102, is
amended to read as follows:
Section 10-102. Every party nominee for Presidential Elect or
shall subscribe to an oath, stating that said nominee, if elected,
will cast a ballot for the persons nominated for the offices of
President and Vice President by the nominee ’s party or the nominee’s
independent candidate . The oath shall be notarized b y a notary
public and filed with the Secretary of the State Election Board no
fewer than ninety (90) days prior to the General Election. Failure
of any party nominee to take and file the oath by such date shall
automatically vacate his or her nomination a nd a substitute nominee
shall be selected by the state central committee of the appropriate
political party. It shall be the duty of the Secretary of the State
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Election Board to notify the chairman of the state central committee
of the failure of any nomi nee to file the oath. Refusal or failure
to vote by a Presidential Elector fo r the persons nominated for the
offices of President and Vice President by the nominee ’s party or
the nominee’s independent candidate shall constitute a violation of
the oath and shall result in the immediate forfeiture of the
Elector’s office. In such event, the vote shall not be recorded, a
vacancy shall be declared, and the Presidential Electors present
shall proceed to fill such vacancy as provided in Section 10 -108 of
this title. Provided; however, if the persons nominated for the
office of President and Vice President by the nominee ’s party or the
nominee’s independent candidate is or becomes ineligible or
decertified, as provided for in Section 5 -105a of this title, or any
other applicable state or federal law, the pledge is nullified and
the nominee must vote for an eligible and certified candidate.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 10 -108, is
amended to read as follows:
Section 10-108. A. In the event any a vacancy arises when the
Presidential Elector fails to Electors meet at the Governor ’s office
at the prescribed time or refuses or fails to vote for the persons
nominated for the offices of President and Vice President by the
political party which nominated the Presidential Elector , it shall
be the duty of the Electors present at the time and place aforesaid
to appoint a person to fill such vacancy.
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B. A vacancy arises:
1. In the event a Presidential Elector failed to meet at the
Governor’s office at the prescribed time ; or
2. In the event a Presidential Ele ctor refuses or fails to vote
for the eligible and certified persons to whom he or she is pledged,
provided a Presidential Elector shall not vote for a person
nominated for the offices of President and Vice President who is, at
the prescribed time, ineligible or decertified , as provided for in
Section 5-105.5a of this title, or any other applicable state or
federal law, the Presidential Elector may vote for any eligible and
certified nominee, and no vacancy arises in this circumstance unless
the Presidential Elector refuses to or fails to vote for an eligible
and certified nominee.
SECTION 6. This act shall become effective November 1, 2025.
60-1-1063 TEK 1/14/2025 10:40:15 AM