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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 26, § 26-12-101: Vacancies in Congress

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Where this section sits in the code
  1. OK Code
  2. Title 26

A. Except as otherwise provided by law, whenever a vacancy

shall occur in the office of a member of the United States House of

Representatives from Oklahoma, such vacancy shall be filled at a

Special Election to be called by the Governor, who shall issue a

Writ of Election within thirty (30) days after such vacancy occurs.

B. If the vacancy occurs in the office of a member of the

United States House of Representatives in an even-numbered year, the

Regular Primary Election, Runoff Primary Election or General

Election for that office shall be deemed to also serve as a Special

Election to fill the unexpired term as designated by the Governor.

Within thirty (30) days after such vacancy occurs, the Governor

shall issue a Writ of Election declaring the same, and the candidate

elected at the Regular Election shall be deemed to have also been

elected at a Special Election to fill the unexpired term.

C. If a vacancy or irrevocable resignation occurs in the office

of a member of the United States Senate from Oklahoma, the vacancy

shall be filled as provided in subsection C of Section 10 of Title

51 of the Oklahoma Statutes. The special election called by the

Governor shall be subject to the following provisions:

1. A Special Primary, Runoff Primary and General Election shall

be held concurrently with the next available regularly scheduled

statewide Primary, Runoff Primary and General Election, and a

special candidate filing period shall be on the same dates as the

regular candidate filing period for those elections;

2. Provided, if a vacancy occurs in an even-numbered year on or

before March 1, then the special election, if necessary, shall be

held that same year in the manner provided in paragraph 1 of this

subsection. However, if the vacancy occurs after March 1 in an

even-numbered year, then the special election shall be held at the

next subsequent regularly scheduled statewide regular Primary,

Runoff Primary and General Elections;

3. Provided, if the vacant office is already scheduled to be

filled for a full term at the next available regularly scheduled

election, then no special election shall be called. In such case,

the candidate elected to the office at the regularly scheduled

election shall be deemed to also have been elected to fill the

vacancy and shall be eligible to assume the office upon the official

certification of the election by the State Election Board.

4. An irrevocable resignation shall occur when a member of the

United States Senate from Oklahoma provides a written letter of

resignation to the Secretary of State as provided in Section 12-119

of this title that serves notice of the Senate member's resignation

on a date certain.

D. The proclamation required by Section 12-102 of this title

shall serve as the Writ of Election described in this section.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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