STATE OF OKLAHOMA
1st Session of the 49th Legislature (2005)
HOUSE BILL HB0000 By:
AS INTRODUCED
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.