{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-8-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-8-109","heading":"Vacancies in office","body":"A. When a vacancy occurs in an office of an elected municipal\n\nofficial except the mayor, the governing body shall appoint, by a\n\nmajority vote of the remaining members, a person to fill the vacancy\n\nuntil the next general municipal election, or the next biennial town\n\nmeeting if the municipality is subject to the Oklahoma Town Meeting\n\nAct, Section 16-301 et seq. of this title, and to serve until a\n\nsuccessor is elected and qualified. Any vacancy shall then be\n\nfilled at the next general municipal election or biennial town\n\nmeeting by election of a person to complete the balance of any\n\nunexpired term. If the vacancy has not been filled within sixty (60)\n\ndays after it occurs, the governing body shall call for a special\n\nelection or a special town meeting for the purpose of filling the\n\nvacancy for the duration of the unexpired term unless said vacancy\n\noccurs or said election would occur within one hundred twenty (120)\n\ndays prior to the first day of the filing period for the next\n\ngeneral municipal election or within one hundred twenty (120) days\n\nprior to the next biennial town meeting. If a vacancy is not filled\n\nby the special election or at a special town meeting, it shall be\n\nfilled by appointment as provided for in this subsection.\n\nB. If a majority of the offices of a governing body become\n\nvacant more than sixty (60) days before the beginning of a regular\n\nfiling period for general municipal elections or more than sixty\n\n(60) days before the biennial town meeting, the remaining members of\n\nthe governing body shall call for a special election or a special\n\ntown meeting, if the municipality is subject to the Oklahoma Town\n\nMeeting Act, to be held as soon as possible in the municipality for\n\nthe purpose of filling all vacant offices for the remainder of their\n\nunexpired terms if the election or town meeting can be held more\n\nthan sixty (60) days before the beginning of the filing period for\n\nthe general election or more than sixty (60) days before the next\n\nbiennial town meeting. The remaining members of the governing body\n\nmay pay claims in accordance with Section 17-102 of this title and,\n\nwhen necessary to avoid financial loss or injury to a person or\n\nproperty, may take any action otherwise authorized for the governing\n\nbody except the enactment of an ordinance.\n\nC. If all the offices of the governing body become vacant, the\n\nmunicipal clerk or acting municipal clerk shall be the interim mayor\n\nuntil a member of the governing body is elected and qualified. If\n\nthere is no municipal clerk or acting municipal clerk in office, the\n\nmunicipal treasurer shall serve as interim mayor and acting\n\nmunicipal clerk. If there is no municipal officer in office, the\n\nGovernor may appoint a registered voter of the municipality as\n\ninterim mayor and acting municipal clerk. The appointed interim\n\nmayor shall give bond for the faithful performance of his duties\n\nwithin ten (10) days after his appointment. The municipality shall\n\npay the premium on the bond.\n\nD. The interim mayor shall exercise the authority of the\n\ngoverning body for only those purposes set out in this section.\n\n1. Within five (5) days of the occurrence of the last vacancy,\n\nthe interim mayor shall call a special election or a special town\n\nmeeting, if the municipality is subject to the provisions of the\n\nOklahoma Town Meeting Act, for the purpose of filling the unexpired\n\nterms in accordance with subsection B of this section. If all of\n\nthe offices of the governing body become vacant sixty (60) days or\n\nless before the beginning of a regular filing period for general\n\nelections or sixty (60) days or less before the next biennial town\n\nmeeting, the interim mayor shall call the regular general election\n\nor the biennial town meeting, whichever is appropriate. If the\n\ninterim mayor fails or refuses to call an election or town meeting,\n\nwhichever is appropriate, the board of county commissioners of the\ness before the beginning of a regular filing period for general\n\nelections or sixty (60) days or less before the next biennial town\n\nmeeting, the interim mayor shall call the regular general election\n\nor the biennial town meeting, whichever is appropriate. If the\n\ninterim mayor fails or refuses to call an election or town meeting,\n\nwhichever is appropriate, the board of county commissioners of the\n\ncounty in which the municipality is located shall call the election\n\nor town meeting. The county sheriff, or his deputy, shall attend\n\nany town meeting called by the board of county commissioners and, if\n\nthe interim mayor fails to conduct the meeting, shall moderate the\n\nmeeting. The interim mayor or the sheriff or deputy who is\n\nmoderating the meeting is authorized to appoint a registered voter\n\nof the municipality to take the minutes of the meeting. If the\n\nvacancies are not filled by the election or town meeting called for\n\nthe purpose, the Governor may appoint registered voters of the\n\nmunicipality to fill the vacancies without regard to wards for the\n\nbalance of the unexpired term.\n\n2. The interim mayor may pay claims in accordance with\n\nsubsection C of Section 17-102 of this title. The interim mayor\n\nshall submit a list of such payments to the governing body of the\n\nmunicipality no later than the second regular meeting after the\n\nvacancies are filled.\n\nE. To be eligible for appointment to fill a vacancy in an\n\nelected municipal office a person must meet the same qualifications\n\nrequired for filing a declaration for candidacy for that office.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e24b869f429289e7e4fda8d5564ab82487b7ab5ac67007e40d36f1181eb127c4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-8-108","next":"us-ok/okla.-stat.-tit.-11-11-8-110"},"notice":"GroundRules: Original legal text. Not legal advice."}