STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 275	By:	Fields

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2011, Sections 5-105 and 5-110, which relate to Declarations of Candidacy; modifying party registration and residency requirements for candidates; clarifying required registration period for candidates of newly recognized party; modifying period during which Declarations of Candidacy may be filed; providing for extension under certain circumstances; providing procedures upon recognition of political party after certain date; specifying duties of Secretary of State Election Board; amending 14 O.S. 2011, Sections 80.8 and 108, which relate to filing as legislative candidates; modifying voter registration requirement to file as legislative candidate; deleting obsolete language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2011, 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, a person must have been a registered voter of that party by September 1 of the odd-numbered year preceding the election for an office to be filled at a regular election, or for the six-month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  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, but in no case later than the date of filing a Declaration of Candidacy.
B.  To file as an independent candidate for any state or county office, a person must have been registered to vote as an independent by September 1 of the odd-numbered year preceding the election for an office to be filled at a regular election, or for the six-month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.
SECTION 2.     AMENDATORY     26 O.S. 2011, Section 5-110, is amended to read as follows:
Section 5-110.  A.  Except as otherwise provided in this section, Declarations of Candidacy provided herein must be filed with the secretary of the appropriate election board no earlier than 8:00 a.m. on the second Wednesday of April second Monday in January of any even-numbered year and no later than 5:00 p.m. on the next succeeding Friday.  Such Declarations of Candidacy may be transmitted by United States mail, but in no event shall the secretary of any election board accept such Declarations after the time prescribed by law.
B.  In the event that the appropriate election board is closed on any day set forth in subsection A of this section due to inclement weather or natural disaster, the Secretary of the State Election Board shall extend the filing period by a number of weekdays equal to the number of weekdays of closure.
C.  In the event that a political party is recognized pursuant to the provisions of Section 1-108 of this title on or after the thirtieth day preceding the first day of the filing period set forth in subsection A of this section, the Secretary of the State Election Board shall order a supplemental filing period during which Declarations of Candidacy for candidates of that party only may be filed with the secretary of the appropriate election board no earlier than 8:00 a.m. on the first Monday of April following recognition of the political party and no later than 5:00 p.m. on the next succeeding Wednesday.
SECTION 3.     AMENDATORY     14 O.S. 2011, Section 80.8, is amended to read as follows:
Section 80.8.  To file as a candidate for the Senate in any senatorial district, a person must have been a registered voter in the district and a resident residing within such district by September 1 of the odd-numbered year preceding the election for an office to be filled at a regular election, or for the six-month period immediately preceding the first day of the filing period as provided in Section 5-110 of Title 26 of the Oklahoma Statutes for an office to be filled at a special election.  Any member of the Senate whose district has been changed by a reapportionment may change residence with the intent of becoming qualified to seek reelection in such district in the first election applicable to such district following the reapportionment without thereby being deemed to have vacated his or her existing office.
SECTION 4.     AMENDATORY     14 O.S. 2011, Section 108, is amended to read as follows:
Section 108.  To file as a candidate for the House of Representatives in any representative district, a person must have been a registered voter in such district and a resident residing within such district by September 1 of the odd-numbered year preceding the election for an office to be filled at a regular election, or for at least six (6) months immediately preceding the filing period prescribed by law.  Except, however, to file as a candidate for the House of Representatives in any house district in 2004, a person must have been a registered voter and a resident residing in such district no later than December 21, 2003 for an office to be filled at a special election.  Any member of the House of Representatives whose district has been changed by redistricting may change residence with the intent of becoming qualified to seek reelection in such district in the first election applicable to such district following redistricting without thereby being deemed to have vacated his or her existing office.
SECTION 5.  This act shall become effective November 1, 2013.

54-1-33	CD	1/11/2013 2:48:39 PM