STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1080	By:	Grau

AS INTRODUCED

An Act relating to elections; requiring elections for certain offices to be conducted on nonpartisan basis; providing procedures; amending 19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2010, Section 510), which relates to qualifications for county sheriff; modifying qualifications; amending 26 O.S. 2001, Sections 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004 and 5-111 (26 O.S. Supp. 2010, Section 5-105), which relate to election procedures; providing for nonpartisan elections for office of county sheriff; deleting requirement for registration as member of political party for certain period as qualification to become candidate for certain office; modifying information required on Declarations of Candidacy for certain office; 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 5-103.1 of Title 26, unless there is created a duplication in numbering, reads as follows:
A.  Beginning with the 2012 election cycle, elections for the office of county sheriff shall be conducted on a nonpartisan basis.  Candidates for county sheriff shall file a declaration of candidacy with the secretary of the county election board as provided in Section 5-103 of Title 26 of the Oklahoma Statutes but shall not declare a party affiliation.
B.  If more than two candidates qualify to have their names appear on the ballot for the office of county sheriff, the names of all such candidates shall appear on the Primary Election ballot.  If no single candidate receives more than fifty percent (50%) of the votes cast at the Primary Election, the names of the two candidates receiving the highest number of votes at the Primary Election shall appear on the General Election ballot.
SECTION 2.     AMENDATORY     19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2010, Section 510), is amended to read as follows:
Section 510.  Any person, otherwise qualified, who has been a resident of the State of Oklahoma for two (2) years, has been a registered voter of the party whose nomination he or she seeks, or a registered Independent, and resides within the county from which such person seeks election for the six (6) months next preceding the first day of the filing period, except in 2004, when such person must have been a qualified registered elector no later than December 21, 2003, is at least twenty-five (25) years of age next preceding the date of filing for office, possesses at least a high school education, shall be eligible to hold the office of county sheriff or to file therefor.  Provided, however, in counties with populations of five hundred thousand (500,000) or more, the person seeking election shall also be a current certified peace officer in good standing.  Within twelve (12) months of taking office, all newly elected or appointed sheriffs shall complete a sheriff’s administrative school which has been developed by the Oklahoma Sheriff’s Sheriffs' Association and which has been approved by the Council on Law Enforcement Education and Training (CLEET).  Failure to complete the sheriff’s administrative school within the specified period shall preclude the new sheriff from obtaining CLEET certification.  New sheriffs with prior CLEET certification, who fail to attend the sheriff’s administrative school, shall have their CLEET certification revoked.  Provided, however, the provisions of this section relating to qualifications shall not apply to any person serving as a county sheriff or to any person previously serving as county sheriff prior to the adoption of this statute.
SECTION 3.     AMENDATORY     26 O.S. 2001, Section 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004 (26 O.S. Supp. 2010, Section 5-105), is amended to read as follows:
Section 5-105.  A.  To file as a candidate for nomination by a political party to any state or county office other than the office of county sheriff, a person must have been a registered voter of that party for the six-month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  Except, however, to file as a candidate for nomination by a political party to any state or county office in 2004, a person must have been a registered voter of that party no later than December 21, 2003.  Provided, this requirement shall not apply to a candidate for the nomination of a political party which attains recognition less than six (6) months preceding the first day of the filing period required by law.  However, the candidate shall be required to have registered with the newly recognized party within fifteen (15) days after such party recognition.
B.  To file as an independent candidate for any state or county office, other than the office of county sheriff, a person must have been registered to vote as an independent for the six‑month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  Except, however, to file as an independent candidate for any state or county office in 2004, a person must have been registered to vote as an independent no later than December 21, 2003.
SECTION 4.     AMENDATORY     26 O.S. 2001, Section 5-111, is amended to read as follows:
Section 5-111.  Forms to be used for filing Declarations of Candidacy shall be prescribed by the Secretary of the State Election Board and shall contain the following information:  name of the candidate; the candidate's place of residence and his mailing address; name of the office sought; the candidate's date of birth; party affiliation of candidate seeking political party nomination for state offices, and county offices other than the office of county sheriff; precinct and county wherein the candidate is a registered voter; an oath wherein the candidate swears or affirms that he the candidate is qualified to become a candidate for the office which he is seeking sought, and that, if elected, he the candidate will be qualified to hold said office; and any additional information which the Secretary deems necessary.  A Declaration of Candidacy form must be signed by the candidate, and the signature must be properly notarized by a notary public or other person authorized by law to administer oaths.
SECTION 5.  This act shall become effective November 1, 2011.

53-1-5998	LRB	12/16/10