Oklahoma § 51-10 - Vacancies - Appointments - Special elections

§ 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

Oklahoma Statutes - Title 51. Officers

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.

Oklahoma Statutes - Title 51. Officers