2021 Oklahoma Statutes
Title 51. Officers
§51-10. Vacancies - Appointments - Special elections.
A. All vacancies in state offices, except in offices of the members of the Legislature and members of the House of Representatives from Oklahoma in the Congress of the United States of America, shall be filled by appointment by the Governor.
B. 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 VII-B of the Oklahoma Constitution.
C. When a vacancy occurs in the office of a member of the United States Senate from Oklahoma, the Governor shall, within thirty (30) days of occurrence of the vacancy:
1. Appoint a person eligible to hold such office, who has been a registered voter of the party of the predecessor in Oklahoma for at least five (5) years preceding the date that the vacancy was created, to serve in such office until a successor is elected; and
2. Call a special election, if necessary, to fill such vacancy, as provided in Section 12-101 of Title 26 of the Oklahoma Statutes.
D. Prior to an appointment pursuant to paragraph 1 of subsection C of this section, a person who is a prospective appointee shall submit to the Secretary of State an oath affirming that the person will not file as a candidate for the office when it next appears on the ballot. The Secretary of State shall prescribe the oath required by this paragraph, and any oath submitted shall be public record and published on the website of the Office of the Secretary of State.
E. 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 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 the special election, providing the appointee is otherwise qualified. The office to be filled shall be printed on the same ballot as other county offices.
R.L. 1910, § 4278. Amended by Laws 1933, c. 166, p. 383, § 1, emerg. eff. April 26, 1933; Laws 1965, c. 116, § 1, emerg. eff. May 24, 1965; Laws 1968, c. 49, § 1, emerg. eff. March 18, 1968; Laws 1971, c. 107, § 1, emerg. eff. April 27, 1971; Laws 1978, c. 20, § 1, emerg. eff. March 8, 1978; Laws 1980, c. 272, § 28, eff. July 1, 1980; Laws 1985, c. 178, § 22, operative July 1, 1985; Laws 1993, c. 316, § 14, eff. Sept. 1, 1993; Laws 2000, c. 167, § 1, eff. April 1, 2001; Laws 2021, c. 582, § 2, emerg. eff. May 28, 2021.
