1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 959 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to vacancies in office; amending 26
7 O.S. 2011, Section 12-101, as last amended by Section
8 1, Chapter 341, O.S.L. 2019 (26 O.S. Supp. 2020,
8 Section 12-101), which relates to vacancies in
9 Congress; modifying procedure for filling vacancy in
9 office of United States Senator; amending 51 O.S.
10 2011, Section 10, which relates to vacancies and
10 special elections; specifying certain duties of
11 Governor; requiring certain appointment; providing
11 for special elections; prohibiting eligibility for
12 certain office; updating statutory language;
12 prohibiting severability; providing for
13 noncodification; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 26 O.S. 2011, Section 12-101, as
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18 last amended by Section 1, Chapter 341, O.S.L. 2019 (26 O.S. Supp.
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19 2020, Section 12-101), is amended to read as follows:
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20 Section 12-101. A. Except as otherwise provided by law,
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21 whenever a vacancy shall occur in the office of a member of the
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22 United States Senate or United States House of Representatives from
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23 Oklahoma, such vacancy shall be filled at a Special Election to be
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 1 called by the Governor, who shall issue a Writ of Election within
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2 thirty (30) days after such vacancy occurs.
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3 B. No special election shall be called if such a the vacancy
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4 occurs in the office of a member of the United States Senate in an
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5 even-numbered year if the term of the office expires the following
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6 year. In such case, the candidate elected to the office at the
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7 regular General Election shall be appointed by the Governor to fill
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8 the unexpired term.
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9 C. If such a the vacancy occurs in the office of a member of
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10 the United States House of Representatives in an even-numbered year,
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11 the Regular Primary Election, Runoff Primary Election or General
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12 Election for that office shall be deemed to also serve as a Special
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13 Election to fill the unexpired term as designated by the Governor.
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14 Within thirty (30) days after such vacancy occurs, the Governor
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15 shall issue a Writ of Election declaring the same, and the candidate
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16 elected at the Regular Election shall be deemed to have also been
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17 elected at a Special Election to fill the unexpired term.
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18 D. If such a vacancy occurs in the office of a member of the
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19 United States Senate from Oklahoma, such vacancy shall be filled as
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20 provided in subsection C of Section 10 of Title 51 of the Oklahoma
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21 Statutes. The special election called by the Governor shall be
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22 subject to the following provisions:
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23 1. A Special Primary, Runoff Primary and General Election shall
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24 be held concurrently with the next available regularly scheduled
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 1 statewide Primary, Runoff Primary and General Election, and a
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2 special candidate filing period shall be on the same dates as the
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3 regular candidate filing period for those elections;
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4 2. Provided, if a vacancy occurs in an even-numbered year on or
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5 before March 1, then the special election, if necessary, shall be
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6 held that same year in the manner provided in paragraph 1 of this
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7 subsection. However, if the vacancy occurs after March 1 in an
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8 even-numbered year, then the special election shall be held at the
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9 next subsequent regularly scheduled statewide regular Primary,
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10 Runoff Primary and General Elections;
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11 3. Provided, if the vacant office is already scheduled to be
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12 filled for a full term at the next available regularly scheduled
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13 election, then no special election shall be called. In such case,
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14 the candidate elected to the office at the regularly scheduled
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15 election shall be deemed to also have been elected to fill the
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16 vacancy and shall be eligible to assume the office upon the official
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17 certification of the election by the State Election Board.
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18 E. The proclamation required by Section 12-102 of this title
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19 shall serve as the Writ of Election described in this section.
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20 SECTION 2. AMENDATORY 51 O.S. 2011, Section 10, is
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21 amended to read as follows:
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22 Section 10. A. All vacancies in state offices, except in
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23 offices of the members of the Legislature, and members of the House
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24 of Representatives from Oklahoma in the Congress of the United
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 1 States of America and members of the Senate of the United States of
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2 America, shall be filled by appointment by the Governor.
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3 B. When a vacancy occurs in the office of district judge,
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4 associate district judge, or judge of any intermediate appellate
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5 court, the Governor shall, in filling such vacancy, utilize the
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6 services of the Judicial Nominating Commission in the manner as
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7 provided for in the filling of judicial offices under Section 4,
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8 Article 7B VII-B of the Oklahoma Constitution.
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9 C. When a vacancy occurs in the office of a member of the
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10 United States Senate from Oklahoma, the Governor shall, within
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11 thirty (30) days of occurrence of the vacancy:
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12 1. Appoint a person eligible to hold such office, who has been
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13 a registered voter of the party of the predecessor in Oklahoma for
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14 at least five (5) years preceding the date that the vacancy was
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15 created, to serve in such office until a successor is elected; and
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16 2. Call a special election, if necessary, to fill such vacancy,
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17 as provided in Section 12-101 of Title 26 of the Oklahoma Statutes.
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18 D. Any person appointed pursuant to paragraph 1 of subsection C
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19 of this section shall be ineligible to file as a candidate for the
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20 office when it next appears on the ballot.
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21 B. E. All vacancies in county offices except the board of
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22 county commissioners or except for any elective county office of any
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23 county in the State of Oklahoma having a population of more than six
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24 hundred thousand (600,000), according to the latest Federal
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 1 Decennial Census shall be filled by appointment by the board of
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2 county commissioners. If such an appointment is made prior to the
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3 prescribed filing period for county officers in accordance with the
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4 provisions of Section 131 of Title 19 of the Oklahoma Statutes, the
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5 county commissioners shall, at the time said the appointment is
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6 made, proclaim a special election to fill the balance of the
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7 unexpired term, providing the balance of the term does not expire in
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8 the year following the next succeeding general election. In making
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9 the proclamation, the county commissioners shall establish the dates
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10 for the filing period, primary election, runoff primary election and
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11 general election to be the same as the next succeeding filing
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12 period, primary election, runoff primary election and general
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13 election for county officers. The appointee shall be eligible to
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14 become a candidate at said the special election, providing said the
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15 appointee is otherwise qualified. The office to be filled shall be
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16 printed on the same ballot as other county offices.
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17 SECTION 3. NEW LAW A new section of law not to be
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18 codified in the Oklahoma Statutes reads as follows:
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19 The provisions of this act shall not be severable. If any
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20 provision of this act is found to be unconstitutional and void, the
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21 remaining provisions of the act shall also be void.
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22 SECTION 4. This act shall become effective November 1, 2021.
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24 58-1-525 TEK 1/21/2021 7:29:04 PM
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