Title: STATE OF OKLAHOMA
Author: Caroline Dennis
Last saved by: Margaret Ford
Company: Oklahoma State Senate

ENGROSSED SENATE
BILL NO. 327	By:	Johnson (Rob), Laster and Ivester of the Senate

			and

		Grau of the House

An Act relating to elections; requiring elections for office of county sheriff to be conducted on nonpartisan basis; providing procedures; amending 26 O.S. 2001, Sections 1-105, as amended by Section 1, Chapter 221, O.S.L. 2009, 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004 and 5-111 (26 O.S. Supp. 2010, Sections 1-105 and 5-105), which relate to election procedures; amending 19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2010, Section 510), which relates to qualifications for the office of county sheriff; deleting obsolete language; providing procedures in event of death of candidate for certain county office; deleting requirement for registration as member of political party for certain period as qualification to become candidate for certain office; modifying information required on declarations of candidacy for certain office; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5-103.1 of Title 26, unless there is created a duplication in numbering, reads as follows:
A.  Beginning with the 2012 election cycle, elections for the office of county sheriff shall be conducted on a nonpartisan basis.  Candidates for county sheriff shall file a declaration of candidacy with the secretary of the county election board as provided in Section 5-103 of Title 26 of the Oklahoma Statutes but shall not declare a party affiliation.
B.  If more than two candidates qualify to have their names appear on the ballot for the office of county sheriff as provided by law, the names of all such candidates shall appear on the Primary Election ballot.  If no single candidate receives more than fifty percent (50%) of the votes cast at the Primary Election, the names of the two candidates receiving the highest number of votes at the Primary Election shall appear on the General Election ballot.
SECTION 2.     AMENDATORY     26 O.S. 2001, Section 1-105, as amended by Section 1, Chapter 221, O.S.L. 2009 (26 O.S. Supp. 2010, 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, a substitute candidate will be permitted to have his or her name placed on the General Election ballot as follows:
1.  If the nominee was a candidate for county office other than the office of county sheriff, 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  fifteen (15) days after ~~said~~ the death has occurred, but not later than fifty-five (55) days prior to the General Election, and shall be signed by at least two duly authorized members of the political party's county central committee;
2.  If the nominee was a candidate who filed 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 fifteen (15) days after ~~said~~ the death has occurred, but not later than sixty (60) days prior to the General Election for statewide and federal offices and not later than fifty-five (55) days prior to the General Election for other offices, and shall be signed by at least two duly authorized members of the political party's state central committee; and
3.  If ~~said~~ the death should occur five (5) 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 and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.
B.  In the event of the death of a candidate who was unopposed for election, a Special Election shall be called by the Governor.  ~~Said~~ The Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.
C.  1.  In the event of the death of a candidate for the office of county sheriff whose name would otherwise be on the Primary Election ballot and the death occurs before ballot printing has begun for the election, the name of the deceased candidate shall not be printed on the ballot.  If ballot printing has begun, votes for the deceased candidate shall not be certified by the county election board.  If the death of a candidate leaves only two surviving candidates, their names shall not appear on the Primary Election ballot, or if ballot printing has begun, votes shall not be certified by the county election board in the race, and the two names shall appear on the ballot for the General Election.
2.  In the event of the death of a candidate for the office of county sheriff whose name would otherwise be on the General Election ballot and the death occurs before ballot printing has begun for the election, the name of neither candidate shall be printed on the ballot and the Governor shall call a special election to fill the office.  In the call for the election, the Governor shall prescribe a filing period, to be held as nearly as practicable as the regular filing period, followed in no less than forty-five (45) days by a Special Primary Election which shall be followed in no less than forty-five (45) days by a Special General Election.  The Primary and General Elections shall be held in the same manner as regular Primary and General Elections.  If the death of the candidate occurs after ballot printing has begun for the election, votes shall not be certified by the county election board in the race and the Governor shall call a special election as specified in this paragraph.
SECTION 3.     AMENDATORY     26 O.S. 2001, Section 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004 (26 O.S. Supp. 2010, Section 5-105), is amended to read as follows:
Section 5-105.  A.  To file as a candidate for nomination by a political party to any state or county office other than the office of county sheriff, a person must have been a registered voter of that party for the six‑month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  ~~Except, however, to file as a candidate for nomination by a political party to any state or county office in 2004, a person must have been a registered voter of that party no later than December 21, 2003.~~  Provided, this requirement shall not apply to a candidate for the nomination of a political party which attains recognition less than six (6) months preceding the first day of the filing period required by law.  However, the candidate shall be required to have registered with the newly recognized party within fifteen (15) days after such party recognition.
B.  To file as an independent candidate for any state or county office other than the office of county sheriff, a person must have been registered to vote as an independent for the six‑month period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  ~~Except, however, to file as an independent candidate for any state or county office in 2004, a person must have been registered to vote as an independent no later than December 21, 2003.~~
SECTION 4.     AMENDATORY     26 O.S. 2001, Section 5-111, is amended to read as follows:
Section 5-111.  Forms to be used for filing Declarations of Candidacy shall be prescribed by the Secretary of the State Election Board and shall contain the following information:  name of the candidate; the candidate's place of residence and ~~his~~ mailing address; name of the office sought; the candidate's date of birth; party affiliation of candidate seeking political party nomination for state offices; precinct and county wherein the candidate is a registered voter; an oath wherein the candidate swears or affirms that he or she is qualified to become a candidate for the office ~~which he is seeking~~ sought, and that, if elected, he or she will be qualified to hold ~~said~~ the office; and any additional information which the Secretary deems necessary.  A Declaration of Candidacy form must be signed by the candidate, and the signature must be properly notarized by a notary public or other person authorized by law to administer oaths.
SECTION 5.     AMENDATORY     19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2010, Section 510), is amended to read as follows:
Section 510.  Any person, otherwise qualified, who has been a resident of the State of Oklahoma for two (2) years, has been a registered voter ~~of the party whose nomination he or she seeks, or a registered Independent,~~ within the county from which such person seeks election for the six (6) months next preceding the first day of the filing period, ~~except in 2004, when such person must have been a qualified registered elector no later than December 21, 2003,~~ is at least twenty-five (25) years of age next preceding the date of filing for office, and possesses at least a high school education, shall be eligible to hold the office of county sheriff or to file therefor.  Provided, however, in counties with populations of five hundred thousand (500,000) or more, the person seeking election shall also be a current certified peace officer in good standing.  Within twelve (12) months of taking office, all newly elected or appointed sheriffs shall complete a sheriff’s administrative school which has been developed by the Oklahoma Sheriff’s Association and which has been approved by the Council on Law Enforcement Education and Training (CLEET).  Failure to complete the sheriff’s administrative school within the specified period shall preclude the new sheriff from obtaining CLEET certification.  New sheriffs with prior CLEET certification, who fail to attend the sheriff’s administrative school, shall have their CLEET certification revoked.  Provided, however, the provisions of this section relating to qualifications shall not apply to any person serving as a county sheriff or to any person previously serving as county sheriff prior to the adoption of this statute.
SECTION 6.  This act shall become effective November 1, 2011.
Passed the Senate the 9th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives

ENGR. S. B. NO. 327	Page