STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 459	By:	Gumm

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2001, Section 1-105, which relates to substitute candidates; modifying procedure for selection of substitute candidate upon death of nominee for legislative office; clarifying language; 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, the name of a substitute candidate will be permitted to have his name placed on the General Election ballot as follows:
1.  If the deceased nominee was a candidate for county office, the political party's central committee of said the 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) ten (10) days after said the death has occurred if the death occurred more than thirty (30) days prior to such General Election and within five (5) days if the death occurred within thirty (30) days of such General Election, and shall be signed by at least two duly authorized members of the political party's county central committee.;
2.  If Except as otherwise provided in paragraph 3 of this subsection for nominees for legislative office, if the deceased 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) ten (10) days after said the death has occurred if the death occurred more than thirty (30) days prior to such General Election and within five (5) days if the death occurred within thirty (30) days of such General Election, and shall be signed by at least two duly authorized members of the political party's state central committee.; and
3.  If the deceased nominee was a candidate for the State Senate or Oklahoma House of Representatives, a majority of the members of the political party of the house of the Legislature of which the deceased nominee would have been a member if elected shall select an alternative candidate to be placed on the General Election ballot.  Such selection shall be made in consultation with the family of the deceased nominee and the county central committees of the political party of all counties in which the affected district is located.  The duly elected leader of the legislative political party caucus of which the deceased nominee would have been a member if elected shall notify the Secretary of the State Election Board of the name of the alternative candidate within ten (10) days after the death has occurred if the death occurred more than thirty (30) days prior to such General Election or within five (5) days if the death occurred within thirty (30) days of such General Election.  Such notification shall be in writing and shall be signed by the duly elected leader of the political party caucus of the house of the Legislature of which the deceased nominee would have been a member if elected.
B.  If said the death of a candidate should occur five (5) or more 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 as provided in this section and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.
B. C.  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 and 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.

52-1-19	CD	1/8/2009 9:54:52 AM