STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 205	By:	Holt

AS INTRODUCED

An Act relating to elections for county office; requiring elections for county offices and the office of district attorney to be conducted on nonpartisan basis; providing procedures; amending 26 O.S. 2001, Sections 1-105, as amended by Section 1, Chapter 221, O.S.L. 2009, 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004, 5-111, 6-109, 8-101, 12-111, as amended by Section 12, Chapter 447, O.S.L. 2002 and 12-114 (26 O.S. Supp. 2010, Sections 1-105, 5-105 and 12-111), which relate to election 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 the office of county sheriff; amending 51 O.S. 2001, Section 10, which relates to vacancies in state offices; deleting obsolete language; providing procedures in event of death of candidate for county office; 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; modifying procedure for order of names on ballot; deleting references to runoff primary election for county officers; 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 county offices shall be conducted on a nonpartisan basis.  Candidates for county offices 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.  Beginning with the 2012 election cycle, elections for the office of district attorney shall be conducted on a nonpartisan basis.  Candidates for district attorney shall file a declaration of candidacy with the Secretary of the State Election Board as provided in Section 5-102 of Title 26 of the Oklahoma Statutes but shall not declare a party affiliation.
C.  If more than two candidates qualify to have their names appear on the ballot for a county office or for the office of district attorney as provided by law, 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     26 O.S. 2001, Section 1-105, as amended by Section 1, Chapter 221, O.S.L. 2009 (26 O.S. Supp. 2010, 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 or her 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  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 a Declaration of Candidacy with the State Election Board other than for the office of district attorney, 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 fifteen (15) days after said the 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. 2.  If said the 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 The Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.
C.  1.  In the event of the death of a candidate for county office or for the office of district attorney whose name would otherwise be on the Primary Election ballot and the death occurs before ballot printing has begun for the election, the name of the deceased candidate shall not be printed on the ballot.  If ballot printing has begun, votes for the deceased candidate shall not be certified by the county election board.  If the death of a candidate leaves only two surviving candidates, their names shall not appear on the Primary Election ballot, or if ballot printing has begun, votes shall not be certified by the county election board in the race, and the two names shall appear on the ballot for the General Election.
2.  In the event of the death of a candidate for county office or for the office of district attorney whose name would otherwise be on the General Election ballot and the death occurs before ballot printing has begun for the election, the name of neither candidate shall be printed on the ballot and the Governor shall call a special election to fill the office.  In the call for the election, the Governor shall prescribe a filing period, to be held as nearly as practicable as the regular filing period, followed in no less than forty-five (45) days by a Special Primary Election which shall be followed in no less than forty-five (45) days by a Special General Election.  The Primary and General Elections shall be held in the same manner as regular Primary and General Elections.  If the death of the candidate occurs after ballot printing has begun for the election, votes shall not be certified by the county election board in the race and the Governor shall call a special election as specified in this paragraph.
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 district attorney, 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 district attorney, 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 other than the office of district attorney; precinct and county wherein the candidate is a registered voter; an oath wherein the candidate swears or affirms that he or she is qualified to become a candidate for the office which he is seeking sought, and that, if elected, he or she will be qualified to hold said the 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.     AMENDATORY     26 O.S. 2001, Section 6-109, is amended to read as follows:
Section 6-109.  On all Primary and Runoff Primary Election ballots, except absentee ballots, the names of the candidates for each office shall be rotated in such a manner that all candidates' names appear in each position on said the ballots an equal number of times.  Provided, however, the names of candidates for judicial, county, school, city and town offices and the office of district attorney shall be placed on the ballot according to lot.
SECTION 6.     AMENDATORY     26 O.S. 2001, Section 8-101, is amended to read as follows:
Section 8-101.  The county election board shall certify a list of nominees of each political party for county offices following the Primary and Runoff Primary Elections Election.  The State Election Board shall certify a list of nominees of each political party for the offices for which the Board accepts filings of Declarations of Candidacy following the Primary and Runoff Primary Elections.
SECTION 7.     AMENDATORY     26 O.S. 2001, Section 12-111, as amended by Section 12, Chapter 447, O.S.L. 2002 (26 O.S. Supp. 2010, Section 12-111), is amended to read as follows:
Section 12-111.  A.  Whenever a vacancy shall occur in the office of a county commissioner, the vacancy shall be filled at a special election to be called by the Governor within thirty (30) days after the vacancy occurs.  Provided, no special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the following year.  In such case, the candidate elected to the office at the Primary Election, runoff Primary Election, or the regular General Election shall be appointed by the Governor as soon as practical after the applicable election to fill the unexpired term.
B.  Whenever a vacancy shall occur in any elective county office of any county in this state having a population of more than the population figure specified in subsection B of Section 10 of Title 51 of the Oklahoma Statutes, the vacancy shall be filled at a special election to be called by the Governor within thirty (30) days after the vacancy occurs.  Provided, no special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the following year.  In such case, the candidate elected to the office at the Primary Election, runoff Primary Election, or the regular General Election shall be appointed by the Governor as soon as practical after the applicable election to fill the unexpired term.
SECTION 8.     AMENDATORY     26 O.S. 2001, Section 12-114, is amended to read as follows:
Section 12-114.  Said elections Elections to fill vacancies in county offices shall be conducted under the laws applicable to regular Primary and General Elections, except that the candidate receiving the highest number of votes in said Primary Election shall be deemed the nominee of his political party, provided that the dates of the elections do not coincide with the dates for the regular Primary, Runoff Primary and General Elections.  If the nominee of a political party a candidate is unopposed in the Special Election or receives at least fifty percent (50%) of the votes cast at the Special Primary Election, he the candidate shall be issued a certificate of election after the expiration of the contest period following the Primary or Runoff Primary Election, if no contest is filed, and shall immediately assume the duties of said the office.
SECTION 9.     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, 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, and 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 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 10.     AMENDATORY     51 O.S. 2001, Section 10, is amended to read as follows:
Section 10.  A.  All vacancies in state offices, except in offices of the members of the Legislature, members of the House of Representatives from Oklahoma in the Congress of the United States of America and members of the Senate of the United States of America, shall be filled by appointment by the Governor.  When a vacancy occurs in the office of district judge, associate district judge, or judge of any intermediate appellate court, the Governor shall, in filling such vacancy, utilize the services of the Judicial Nominating Commission in the manner as provided for in the filling of judicial offices under Section 4, Article 7B of the Oklahoma Constitution.
B.  All vacancies in county offices except the board of county commissioners or except for any elective county office of any county in the State of Oklahoma having a population of more than six hundred thousand (600,000), according to the latest Federal Decennial Census shall be filled by appointment by the board of county commissioners.  If such an appointment is made prior to the prescribed filing period for county officers in accordance with the provisions of Section 131 of Title 19 of the Oklahoma Statutes, the county commissioners shall, at the time said the appointment is made, proclaim a special election to fill the balance of the unexpired term, providing the balance of the term does not expire in the year following the next succeeding general election.  In making the proclamation, the county commissioners shall establish the dates for the filing period, primary election, runoff primary election and general election to be the same as the next succeeding filing period, primary election, runoff primary election and general election for county officers.  The appointee shall be eligible to become a candidate at said the special election, providing said the appointee is otherwise qualified.  The office to be filled shall be printed on the same ballot as other county offices.
SECTION 11.  This act shall become effective November 1, 2011.

53-1-1131	CD	1/11/2011 10:47:18 AM