ENROLLED HOUSE
BILL NO. 1081	By:	Buck, Dorman and Roan of the House

			   and

		Gumm of the Senate

An Act relating to elections; amending 26 O.S. 2001, Section 1-105, which relates to substitute candidates; modifying notice requirement for alternative candidate; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     26 O.S. 2001, Section 1-105, is amended to read as follows:

Section 1-105.  A.  In the event of the death of a political party's nominee for office prior to the date of the General Election, a substitute candidate will be permitted to have his name placed on the General Election ballot as follows:

1.  If the nominee was a candidate for county office, the political party's central committee of said county shall notify the secretary of the county election board of the name of an alternative candidate to be placed on the General Election ballot.  Such notice shall be submitted in writing, within five (5) fifteen (15) days after said death has occurred, but not later than fifty-five (55) days prior to the General Election, and shall be signed by at least two duly authorized members of the political party's county central committee.;

2.  If the nominee was a candidate who filed his a Declaration of Candidacy with the State Election Board, the state central committee of the party affected shall notify the Secretary of the State Election Board of the name of an alternative candidate to be placed on the General Election ballot.  Such notice shall be submitted in writing, within five (5) fifteen (15) days after said death has occurred, but not later than sixty (60) days prior to the General Election for statewide and federal offices and not later than fifty-five (55) days prior to the General Election for other offices, and shall be signed by at least two duly authorized members of the political party's state central committee.; and

3.  If said death should occur five (5) days or more following the Runoff Primary Election date, a special General Election shall be called by the Governor and shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title, except that there shall be no filing period or special Primary Election and the candidates in the special General Election shall be the substitute candidate named by the central committee and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.

B.  In the event of the death of a candidate who was unopposed for election, a Special Election shall be called by the Governor.  Said Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the House of Representatives the 13th day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 14th day of May, 2009.

	
Presiding Officer of the Senate