2021 Oklahoma Statutes
Title 26. Elections
§26-12-101. Vacancies in Congress.

Universal Citation: 26 OK Stat § 26-12-101 (2021)

A. Except as otherwise provided by law, whenever a vacancy shall occur in the office of a member of the United States House of Representatives from Oklahoma, such vacancy shall be filled at a Special Election to be called by the Governor, who shall issue a Writ of Election within thirty (30) days after such vacancy occurs.

B. If the vacancy occurs in the office of a member of the United States House of Representatives in an even-numbered year, the Regular Primary Election, Runoff Primary Election or General Election for that office shall be deemed to also serve as a Special Election to fill the unexpired term as designated by the Governor. Within thirty (30) days after such vacancy occurs, the Governor shall issue a Writ of Election declaring the same, and the candidate elected at the Regular Election shall be deemed to have also been elected at a Special Election to fill the unexpired term.

C. If a vacancy or irrevocable resignation occurs in the office of a member of the United States Senate from Oklahoma, the vacancy shall be filled as provided in subsection C of Section 10 of Title 51 of the Oklahoma Statutes. The special election called by the Governor shall be subject to the following provisions:

1. A Special Primary, Runoff Primary and General Election shall be held concurrently with the next available regularly scheduled statewide Primary, Runoff Primary and General Election, and a special candidate filing period shall be on the same dates as the regular candidate filing period for those elections;

2. Provided, if a vacancy occurs in an even-numbered year on or before March 1, then the special election, if necessary, shall be held that same year in the manner provided in paragraph 1 of this subsection. However, if the vacancy occurs after March 1 in an even-numbered year, then the special election shall be held at the next subsequent regularly scheduled statewide regular Primary, Runoff Primary and General Elections;

3. Provided, if the vacant office is already scheduled to be filled for a full term at the next available regularly scheduled election, then no special election shall be called. In such case, the candidate elected to the office at the regularly scheduled election shall be deemed to also have been elected to fill the vacancy and shall be eligible to assume the office upon the official certification of the election by the State Election Board.

4. An irrevocable resignation shall occur when a member of the United States Senate from Oklahoma provides a written letter of resignation to the Secretary of State as provided in Section 12-119 of this title that serves notice of the Senate member's resignation on a date certain.

D. The proclamation required by Section 12-102 of this title shall serve as the Writ of Election described in this section.

Added by Laws 1974, c. 153, § 12-101, operative Jan. 1, 1975. Amended by Laws 1979, c. 240, § 19, emerg. eff. June 1, 1979; Laws 1994, c. 260, § 27, emerg. eff. May 26, 1994; Laws 2001, 1st Ex. Sess., c. 5, § 1, emerg. eff. Oct. 24, 2001; Laws 2002, c. 380, § 1, eff. Nov. 1, 2002; Laws 2012, c. 3, § 1, emerg. eff. March 19, 2012; Laws 2019, c. 341, § 1, eff. Nov. 1, 2019; Laws 2021, c. 582, § 1, emerg. eff. May 28, 2021.

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