STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1008	By:	Brown

AS INTRODUCED

An Act relating to elections; providing for the recall of elected officers; providing for petition to initiate recall; providing for contents of petition; requiring certain amount of signatures; providing for filing and certification of petition; providing for circulation of petition; requiring successor meet certain filing requirements; providing for election of successor; prohibiting certain recall petitions; providing exemptions; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-101 of Title 26, unless there is created a duplication in numbering, reads as follows:
Every elected officer of this state or any political subdivision thereof is subject to recall from office at any time by the qualified electors entitled to vote for a successor to the incumbent.  The recall of an elected officer of this state or any political subdivision thereof shall be governed by the recall of officers procedure set forth in this act.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-102 of Title 26, unless there is created a duplication in numbering, reads as follows:
Qualified electors may initiate the recall of an elected official by signing a petition which demands the election of a successor to the officer named in the petition.  The petition shall contain a general statement, consisting of two hundred words or less, stating the ground or grounds on which the recall is sought.  The statement is for the information of the electors who shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency of the ground or grounds assigned for the recall.  The ground or grounds shall not be open to review.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-103 of Title 26, unless there is created a duplication in numbering, reads as follows:
A petition to recall any elected officer shall be signed by qualified electors equal in number to fifteen percent (15%) of the entire votes cast at the last preceding general election for all candidates for the office which the incumbent sought to be recalled occupies.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-104 of Title 26, unless there is created a duplication in numbering, reads as follows:
A.  For state recall elections, the petition shall be filed with the Secretary of the State Election Board who shall certify the sufficiency of the petition to the Governor who shall set the date for the election. 
B.  For recall elections for any elected county official, the petition shall be filed with the secretary of the county election board in the county in which the recall of the elected official is sought, who shall certify the sufficiency of the petition and call and conduct the election.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-105 of Title 26, unless there is created a duplication in numbering, reads as follows:
The petition shall be circulated for ninety (90) days.  No petition shall be circulated until it has been approved as meeting the requirements of Section 2 of this act.  The official with whom the petitions are to be filed pursuant to Section 4 of this act shall approve or disapprove a petition as to form by the close of the second business day following submission of the proposed petition. 
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-106 of Title 26, unless there is created a duplication in numbering, reads as follows:
A candidate to succeed the officer sought to be recalled shall meet the filing requirements of Sections 5-101 through 5-131 of Title 26 of the Oklahoma Statutes.  The officer who was sought to be recalled shall not be eligible as a candidate in the election to fill any vacancy resulting from the recall election.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-107 of Title 26, unless there is created a duplication in numbering, reads as follows:
The election of a successor shall be held at the same time as the recall election.  The names of those persons filing as candidates to succeed the person sought to be recalled shall appear on the ballot; provided, no vote cast shall be counted for any candidate for the office unless the voter also voted for or against the recall of the person sought to be recalled.  The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for office.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-108 of Title 26, unless there is created a duplication in numbering, reads as follows:
A.  No recall petition shall be circulated or filed against any elected officer until the officer has actually held office for at least twelve (12) months following the last election.
B.  After one recall petition and election, no further petition may be filed against the same officer during the term for which the officer was elected.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 23-109 of Title 26, unless there is created a duplication in numbering, reads as follows:
This act shall not apply to the recall of an elected municipal officer or school board member.
SECTION 10.  This act shall become effective November 1, 2013.

54-1-5734	LRB	12/31/12