STATE OF OKLAHOMA
2nd Session of the 48th Legislature (2002)
HOUSE BILL HB2654 By: Tibbs
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 must be filed in
writing with the Secretary of the State Election Board at any time except
during the period between March 1 and November 15 of any even‑numbered
year.
2.
After said notice is filed, petitions seeking recognition of a political
party, in a form to be prescribed by the Secretary of the State Election Board,
shall be filed with said Secretary, bearing the signatures of five thousand
(5,000) registered voters equal to at least five percent (5%) of the
total votes cast in the last General Election either for Governor or for
electors for President and Vice President.
Each page of said petitions must contain the names of registered voters
from a single county. Petitions may be
circulated a maximum of one (1) year after notice is filed, provided that
petitions shall be filed with said Secretary no later than May 31 of an even‑numbered
year. Said petitions shall not be
circulated between May 31 and November 15 of any even‑numbered year.
3.
Within thirty (30) days after receipt of said petitions, 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 party 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 ten percent (10%) one percent (1%) 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 failure to receive a
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 from 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 five thousand (5,000)
registered voters equal to at least three percent (3%) of the total votes
cast in the last General Election for President. Each page of said petitions must contain the
name of registered voters from a single county.
A filing fee of Five Thousand Dollars ($5,000.00) 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 percent (1%) of
the vote in the General Election. If the
candidates do not receive more than one percent (1%) of the vote in the General
Election, the filing fee shall be forfeited.
2.
Within thirty (30) days after receipt of said 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.
This act shall become effective November 1, 2002.
48-2-8012 SD 11/17/04