STATE OF OKLAHOMA
1st Session of the 49th Legislature (2005)
HOUSE BILL HB0000 By:
An Act relating to elections; amending 26 O.S. 2001, Sections 1-108 and 1-109, which relate to political parties; modifying requirements for recognition and termination of recognition of political parties; amending 26 O.S. 2001, Section 10-101, which relates to nomination of presidential electors; modifying requirement for petitions seeking ballot access for uncommitted candidates; authorizing fee in lieu of petition; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2001, Section 1-108, is amended to read as follows:
Section 1-108. A group of persons may form a recognized political party at any time except during the period between July 1 and November 15 of any even‑numbered year if the following procedure is observed:
1. Notice of intent to form a recognized political party bearing the signatures of fifty (50) registered voters must be filed in writing with the Secretary of the State Election Board at any time except during the period between June 1 and November 15 of any even‑numbered year.
2. Within ten (10) days after receipt of said notice of intent, the State Election Board shall determine the sufficiency of said notice.
3. After said notice is filed, each person seeking the candidacy of such political party, shall file a declaration of candidacy in a form to be prescribed by the Secretary of the State Election Board in the time, manner and place designated for all candidates.
4. Within ten (10) days after receipt of said petition of candidacy, the State Election Board shall determine the sufficiency of the declaration of candidacy. If said Board determines such person seeking candidacy is a registered voter, the person shall be a candidate of that party and the party of that candidate becomes recognized under the laws of the State of Oklahoma with all rights and obligations accruing thereto.
SECTION 2. AMENDATORY 26 O.S. 2001, Section 1-109, is amended to read as follows:
Section 1-109 A. Any recognized political party whose nominee for Governor or nominees for electors for President and Vice President fail to receive at least one thousand (1,000) of the total votes cast for said offices in any General Election shall cease to be a recognized political party. Said party may regain recognition only by following the procedure prescribed for formation of new political parties. The State Election Board shall proclaim the fact of a party's candidate has failed to receive the sufficient number of votes and shall order that said party cease to be recognized..
B. Any recognized political party that ceases to be recognized under provisions of this section shall be designated as a political organization. Such political organization designation shall terminate four (4) years after the date that the political party ceases to be recognized or when the political organization regains recognition as a political party, whichever is earlier.
SECTION 3. AMENDATORY 26 O.S. 2001, Section 10-101, is amended to read as follows:
Section 10-101. The nominees for Presidential Electors of any recognized political party shall be selected at a statewide convention of said party in a manner to be determined by said party. The nominees for Presidential Electors shall be certified by said party's chairman to the Secretary of the State Election Board no fewer than ninety (90) days nor more than one hundred eighty (180) days from the date of the General Election at which candidates for Presidential Electors shall appear on the ballot. Failure of a political party to properly certify the names of its nominees for Presidential Electors within the time specified shall bar such party from placing any candidates for Presidential Electors on the ballot at said election. Candidates for Presidential Electors seeking to appear on the ballot as uncommitted shall be entitled to have their names placed upon the ballot at a General Election by observing the following procedure:
1. No later than July 15 of a presidential election year, petitions seeking ballot access for said uncommitted candidates for Presidential Electors, in a form to be prescribed by the Secretary of the State Election Board, shall be filed with said Secretary, bearing the signatures of one thousand (1,000) registered voters. Each page of said petitions must contain the name of registered voters from a single county. A filing fee of Five Hundred Dollars ($500.00) may be submitted in lieu of a petition. The filing fee shall be in a form prescribed by the Secretary of the State Election Board and shall be filed with said Secretary. The filing fee shall be refunded if the candidates receive more than one thousand (1,000) votes in the General Election. If the candidates do not receive more than one thousand (1,000) the votes in the General Election, the filing fee shall be forfeited.
2. Within thirty (30) days after receipt of petitions seeking ballot access for uncommitted candidates for Presidential Electors, the State Election Board shall determine the sufficiency of said petitions. If said Board determines there are a sufficient number of valid signatures of registered voters, the nominees for Presidential Electors are entitled to appear on the ballot at the next following General Election at which candidates for Presidential Electors shall appear on the ballot.
Section 4. AMENDATORY. No filing fees shall be levied upon the candidates of any party for the offices of U.S. Senator or U.S. Representative.
SECTION 5. This act shall become effective November 1, 2005.