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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 602 By: Boren
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6 AS INTRODUCED
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7 An Act relating to elections; amending 26 O.S. 2021,
7 Sections 5-105a, 10-101, 10-101.1, 10-102, and 10-
8 108, which relates to misdemeanor and felony
8 offenders barred from public office, nomination of
9 Presidential Electors, candidates pledged to
9 independent candidate for President, oath for
10 Presidential Electors, and vacancies; defining terms;
10 prohibiting certain action by Presidential Electors;
11 requiring certain decertification and ineligibility
11 determination; authorizing rule promulgation;
12 requiring certain notice; stating procedures for
12 posting of notice; stating requirements for State
13 Election Board; creating misdemeanor offenses;
13 creating penalties; prohibiting certain advertisement
14 and communications; directing certain forfeiture of
14 votes; nullifying certain pledges; providing for
15 certain vacancies; and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 26 O.S. 2021, Section 5-105a, is
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20 amended to read as follows:
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21 Section 5-105a. A. A person who has been convicted of a
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22 misdemeanor involving embezzlement or a felony under the laws of
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23 this state or of the United States or who has entered a plea of
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24 guilty or nolo contendere to such misdemeanor involving embezzlement
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1 or felony or who has been convicted of a crime in another state
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2 which would have been a misdemeanor involving embezzlement or a
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3 felony under the laws of this state or has entered a plea of guilty
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4 or nolo contendere to such crime For the purposes of this section:
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5 1. "Disqualifying crime" means a misdemeanor involving
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6 embezzlement or a felony under the laws of the United States or any
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7 political subdivision of the United States;
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8 2. "Disqualifying event" means any event that occurs when a
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9 person is convicted of a disqualifying crime, enters a plea of
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10 guilty or nolo contendere for a disqualifying crime, or has pending
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11 charges, pending indictments, or pending judicial process for a
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12 disqualifying crime. A disqualifying event shall be disregarded for
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13 purposes of this section if and at the time that any of the
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14 following instances occur:
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15 a. the conviction is pardoned,
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16 b. the disqualifying event is expunged from the record in
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17 the given jurisdiction, or
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18 c. the person is exonerated for the disqualifying event.
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19 A disqualifying event shall not be disregarded based on mere
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20 lapse of time, completion, suspension, or deferment of a sentence,
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21 or pending appeal; and
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22 3. "Ineligible" or "decertified" means a person who is or
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23 becomes ineligible to be a candidate or receive votes in this state
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1 due to a disqualifying event or who is decertified as a candidate,
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2 including a presidential candidate, due to a disqualifying event.
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3 B. Unless disregarded under this section, a disqualifying event
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4 shall not be eligible to be disqualify a person from being a
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5 candidate for or to be elected to any state, county, municipal,
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6 judicial or school office or any other elective office of any
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7 political subdivision of this state for a period of fifteen (15)
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8 years following completion of his sentence or during the pendency of
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9 an appeal of such conviction or plea.
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10 B. The provisions of this section shall not be construed to
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11 preclude a person who has received a pardon from being eligible for
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12 or from holding public office.
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13 C. A presidential elector of this state shall not vote for nor
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14 pledge his or her vote to a presidential candidate at any time after
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15 the candidate's disqualifying event unless the disqualifying event
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16 is disregarded pursuant to the provisions of this section.
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17 D. Unless disregarded under this section, a disqualifying event
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18 disqualifies a person from being certified in this state as a
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19 presidential candidate for any recognized, unrecognized, or
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20 independent party. A previously certified presidential candidate
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21 shall be decertified as of the occurrence of a disqualifying event
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22 that occurs at any time before a primary or general election is
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23 held, at any time before the presidential electors of this state
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1 cast their votes, or at any time before the Governor's office
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2 certifies the result of any such vote.
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3 E. A person becomes ineligible or decertified as a presidential
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4 candidate automatically upon the occurrence of a disqualifying event
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5 and until or unless the disqualifying event is disregarded under
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6 this section.
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7 F. The Secretary of the State Election Board shall promulgate
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8 rules and procedures for formalizing and recording ineligibility and
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9 decertification. The Secretary shall not allow any rule or
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10 procedure to delay or otherwise affect the existence or date of
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11 ineligibility or decertification. Failure to implement or adhere to
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12 any State Election Board rule or process shall have no effect on the
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13 existence or timing of ineligibility or decertification.
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14 G. Within five (5) calendar days after the State Election Board
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15 becomes aware that a disqualifying event exists or arises for a
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16 person who has been nominated to be a presidential candidate,
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17 pursuant to the laws of this state, or who has filed a Statement of
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18 Candidacy pursuant to the laws of this state, the State Election
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19 Board shall provide a notice of ineligibility or decertification to
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20 such person, to any pledged presidential elector, and to the public.
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21 Such notice of ineligibility or decertification shall:
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22 1. Include:
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23 a. the name of the ineligible or decertified person,
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1 b. the fact that such person is ineligible to be a
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2 presidential candidate in this state and if previously
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3 certified, has been decertified as a presidential
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4 candidate in this state,
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5 c. the reason such person is ineligible or decertified
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6 with appropriate citation and links, where
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7 appropriate, to this section and legal documents
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8 providing ineligibility or decertification, and
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9 d. this statement in identical or substantially similar
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10 words: THE PERSON NAMED ON THIS NOTICE IS NOT
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11 ELIGIBLE TO BE A PRESIDENTIAL CANDIDATE IN THIS STATE
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12 AND IS NOT ELIGIBLE TO RECEIVE A VOTE FOR THE OFFICE
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13 OF PRESIDENT IN THIS STATE. ANY VOTE CAST FOR THIS
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14 CANDIDATE WILL BE IGNORED, WILL NOT BE COUNTED,
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15 RECORDED, OR REPORTED AND WILL NOT BE PART OF ANY
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16 PUBLIC RECORD; and
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17 2. Be posted conspicuously on any state-controlled website
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18 related to the election or to voters and shall be posted at all
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19 polling places as early as forty-eight (48) hours before related
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20 voting opens at that location and until after the last related vote
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21 is cast at that location.
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22 H. The State Election Board shall implement a process to ensure
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23 that any votes cast for the ineligible or decertified person are
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1 disregarded, not counted or recorded, and stricken from any public
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2 record.
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3 I. The State Election Board is not required to reprint ballots
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4 that include an ineligible or decertified person.
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5 J. Any person who publishes or otherwise releases the
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6 information on any cast ballot he or she did not personally cast
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7 shall be guilty of a misdemeanor punishable by a fine no less than
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8 Five Hundred Dollars ($500.00) per violation.
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9 K. 1. Any person who prints, airs, or otherwise displays or
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10 disseminates through traditional or non-traditional media, a
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11 political advertisement or electioneering communication in support
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12 of or against a person who is ineligible or decertified to be a
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13 presidential candidate in this state shall be guilty of a
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14 misdemeanor punishable by a fine no less than Five Hundred Dollars
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15 ($500.00) per violation.
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16 2. No political advertisement or electioneering communication
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17 violates the provisions of paragraph 1 of this subsection if it was
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18 first displayed or was first disseminated before the ineligibility
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19 or decertification should have reasonably been known, unless it
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20 continues to be displayed or disseminated after the end of the fifth
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21 calendar day after the ineligibility or decertification should have
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22 been known. A mere announcement or publication of the notice of
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23 disqualification described in this section shall not constitute a
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24 violation of this section. No communication shall be deemed a
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1 political advertisement or electioneering communication under this
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2 section unless it is or would be subject to ethical rules or laws of
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3 this state.
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4 SECTION 2. AMENDATORY 26 O.S. 2021, Section 10-101, is
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5 amended to read as follows:
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6 Section 10-101. A. The nominees for Presidential Electors of
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7 any recognized political party shall be selected at a convention of
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8 the party in a manner to be determined by the party.
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9 B. The nominees for Presidential Electors shall be certified by
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10 the chair of the party to the Secretary of the State Election Board
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11 no later than July 15 of a presidential election year.
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12 C. Failure of a political party to properly certify the names
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13 of its nominees for Presidential Electors within the time specified
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14 shall bar such party from placing any candidates for Presidential
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15 Electors on the ballot at the General Election.
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16 D. 1. A recognized political party shall certify its nominees
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17 for President of the United States and Vice President of the United
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18 States to the Secretary of the State Election Board no later than
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19 seventy-five (75) days prior to the date of the General Election to
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20 ensure the State Election Board and the county election boards have
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21 sufficient time to meet the deadline for sending absentee ballots to
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22 uniformed services voters pursuant to federal and state law.
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23 2. If the nominating convention of a recognized political party
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24 is scheduled to conclude after the deadline provided in paragraph 1
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1 of this subsection, the Secretary may accept a provisional
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2 certification of the party's nominees for President and Vice
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3 President of the United States. A provisional certification must be
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4 received by the Secretary prior to the deadline, and the party shall
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5 provide the official certification of nominees to the Secretary upon
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6 the adjournment of the convention.
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7 3. If the recognized political party's nominee for President of
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8 the United States or Vice President of the United States is or
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9 becomes ineligible or decertified, as provided for in Section 5-105a
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10 of this title, or any other applicable state or federal law, the
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11 recognized political party forfeits any and all votes pledged by any
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12 presidential elector.
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13 SECTION 3. AMENDATORY 26 O.S. 2021, Section 10-101.1, is
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14 amended to read as follows:
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15 Section 10-101.1. A. The following procedure shall be observed
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16 for Presidential Electors pledged to an independent candidate for
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17 President of the United States:
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18 1. A person wishing to appear on the General Election ballot as
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19 an independent candidate for President of the United States shall
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20 file a Statement of Candidacy with the Secretary of the State
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21 Election Board no later than July 15 of a presidential election
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22 year;
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23 2. a. the Statement of Candidacy shall be in a form to be
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24 prescribed by the Secretary of the State Election
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1 Board, and shall include the candidate's full legal
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2 name, the candidate's address of residence, the
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3 candidate's mailing address, the name of the candidate
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4 as it should appear on the ballot and any other
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5 information required by the Secretary of the State
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6 Election Board, and
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7 b. the candidate shall swear an oath or affirm on the
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8 Statement of Candidacy that the candidate meets the
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9 qualifications for President of the United States set
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10 forth in the Constitution of the United States, and
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11 the candidate's signature shall be witnessed by a
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12 notary public;
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13 3. The Statement of Candidacy shall be accompanied by a
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14 certification of the name and address of residence for each
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15 candidate for Presidential Elector pledged to the independent
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16 candidate for President of the United States. The number of
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17 electors so certified shall be equal to the number apportioned to
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18 the State of Oklahoma pursuant to the provisions of Section 1 of
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19 Article II of the United States Constitution. Each candidate for
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20 Presidential Elector so nominated shall subscribe to an oath
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21 prescribed by the Secretary of the State Election Board, which shall
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22 be in the same manner, substance and form as the oath described in
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23 Section 10-102 of this title;
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1 4. a. the The Statement of Candidacy shall be accompanied by
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2 a petition supporting a candidate's filing,.
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3 b. the The form of the petition shall be prescribed by
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4 the Secretary of the State Election Board. Each page
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5 of the petition must contain the names of registered
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6 voters from a single county,.
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7 c. the The petition shall bear the same number of
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8 signatures of registered voters that is required to
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9 form a recognized political party as described in
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10 Section 1-108 of this title,.
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11 d. within Within thirty (30) days after receipt of the
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12 petition, the Secretary of the State Election Board
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13 shall determine the sufficiency of the petition,.
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14 e. in In lieu of the petition required by this
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15 subsection, a filing fee for each Presidential Elector
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16 committed to the independent candidate for President
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17 of the United States may be submitted in the form of a
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18 cashier's check or certified check made payable to the
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19 Secretary of the State Election Board. The filing fee
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20 for each Presidential Elector shall be in an amount
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21 equal to the filing fee described in Section 20-102 of
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22 this title. The sum of the filing fees for each
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23 Presidential Elector may be paid in a single cashier's
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24 check or certified check. The filing fees shall be
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1 deposited in the State Election Board Revolving Fund
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2 created pursuant to Section 3-107 of this title; and
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3 5. If the requirements set forth in this section are found by
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4 the Secretary of the State Election Board to be sufficient, then the
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5 independent candidate for President of the United States shall be
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6 qualified to appear on the General Election ballot. The candidate
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7 shall certify to the Secretary of the State Election Board the name
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8 of the candidate's Vice Presidential running mate no later than the
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9 deadline established in Section 10-101 of this title for the
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10 certification by a recognized political party of its nominee for
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11 Vice President of the United States; and
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12 6. If any independent candidate for President of the United
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13 States is or becomes ineligible or decertified, as provided for in
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14 Section 5-105a of this title, or any other applicable state or
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15 federal law, the independent candidate forfeits any and all votes
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16 pledged by any presidential elector.
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17 B. A political party not recognized under the laws of the State
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18 of Oklahoma this state may place its nominees for President of the
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19 United States, Vice President of the United States and Presidential
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20 Electors on the ballot subject to the same requirements,
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21 restrictions and deadlines as provided for an independent candidate
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22 for President of the United States.
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23 1. Provided, the The national chair of the unrecognized
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24 political party shall submit the Statement of Candidacy on behalf of
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1 the unrecognized political party, and shall provide the Secretary of
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2 the State Election Board with a separate certificate of nomination
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3 for the unrecognized political party's nominees for President and
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4 Vice President of the United States, in a form and manner prescribed
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5 by the Secretary of the State Election Board.
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6 2. If the unrecognized political party's nominees for President
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7 of the United States or Vice President of the United States are or
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8 become ineligible or decertified, as provided for in Section 5-105a
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9 of this title, or any other applicable state or federal law, the
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10 unrecognized political party forfeits any and all votes pledged by
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11 any presidential elector.
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12 SECTION 4. AMENDATORY 26 O.S. 2021, Section 10-102, is
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13 amended to read as follows:
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14 Section 10-102. Every party nominee for Presidential Elector
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15 shall subscribe to an oath, stating that said nominee, if elected,
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16 will cast a ballot for the persons nominated for the offices of
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17 President and Vice President by the nominee's party or the nominee's
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18 independent candidate. The oath shall be notarized by a notary
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19 public and filed with the Secretary of the State Election Board no
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20 fewer than ninety (90) days prior to the General Election. Failure
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21 of any party nominee to take and file the oath by such date shall
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22 automatically vacate his or her nomination and a substitute nominee
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23 shall be selected by the state central committee of the appropriate
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24 political party. It shall be the duty of the Secretary of the State
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1 Election Board to notify the chairman of the state central committee
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2 of the failure of any nominee to file the oath. Refusal or failure
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3 to vote by a Presidential Elector for the persons nominated for the
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4 offices of President and Vice President by the nominee's party or
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5 the nominee's independent candidate shall constitute a violation of
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6 the oath and shall result in the immediate forfeiture of the
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7 Elector's office. In such event, the vote shall not be recorded, a
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8 vacancy shall be declared, and the Presidential Electors present
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9 shall proceed to fill such vacancy as provided in Section 10-108 of
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10 this title. Provided; however, if the persons nominated for the
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11 office of President and Vice President by the nominee's party or the
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12 nominee's independent candidate is or becomes ineligible or
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13 decertified, as provided for in Section 5-105a of this title, or any
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14 other applicable state or federal law, the pledge is nullified and
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15 the nominee must vote for an eligible and certified candidate.
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16 SECTION 5. AMENDATORY 26 O.S. 2021, Section 10-108, is
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17 amended to read as follows:
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18 Section 10-108. A. In the event any a vacancy arises when the
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19 Presidential Elector fails to Electors meet at the Governor's office
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20 at the prescribed time or refuses or fails to vote for the persons
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21 nominated for the offices of President and Vice President by the
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22 political party which nominated the Presidential Elector, it shall
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23 be the duty of the Electors present at the time and place aforesaid
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24 to appoint a person to fill such vacancy.
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1 B. A vacancy arises:
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2 1. In the event a Presidential Elector failed to meet at the
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3 Governor's office at the prescribed time; or
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4 2. In the event a Presidential Elector refuses or fails to vote
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5 for the eligible and certified persons to whom he or she is pledged,
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6 provided a Presidential Elector shall not vote for a person
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7 nominated for the offices of President and Vice President who is, at
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8 the prescribed time, ineligible or decertified, as provided for in
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9 Section 5-105.5a of this title, or any other applicable state or
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10 federal law, the Presidential Elector may vote for any eligible and
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11 certified nominee, and no vacancy arises in this circumstance unless
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12 the Presidential Elector refuses to or fails to vote for an eligible
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13 and certified nominee.
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14 SECTION 6. This act shall become effective November 1, 2025.
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Req. No. 1063 Page 14Every fact on this page links to its source, starting with the official bill record.