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2007 LEGISLATION: Senate Bill 28 and HB 1359 (introduced Jan. 5, 2007)
Senate Bill 28 By: Sen. Brogdon
House Bill 1359 By: Rep. Cooksey

AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2001, Sections 1-108, as last amended by Section 6, Chapter 53, O.S.L. 2004 and 1-109 (26 O.S. Supp. 2006, Section 1-108), 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, as last amended by Section 6, Chapter 53, O.S.L. 2004 (26 O.S. Supp. 2006, 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 June 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 such 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 such 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 such 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 such Secretary no later than May 1 of an even numbered year. Such petitions shall not be circulated between May 1 and November 15 of any even numbered year.

3. Within thirty (30) days after receipt of such petitions, the State Election Board shall determine the sufficiency of such petitions. If such 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 chair 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 names 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 the 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, 2007.


Why was Oklahoma ballot access made so restrictive?

In 1968 the American Independent candidate received 20.3% of the Oklahoma vote. Concerned state politicians voted to restrict third party access in 1974 (with SB 415 by Smith and Elder), perhaps fearing the results of weak Democratic support in 1976 (George McGovern, ended up with only 24% of the Oklahoma vote). See the 1976 court case when American Party presidential candidate, Thomas Anderson, challenged Oklahoma's laws tailored to keep Oklahomans from exercising voter choice.