{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-8","heading":"Governor - Incapacity - Devolution of powers and duties","body":"A. The Office of Governor, with its compensation, shall devolve\n\nupon the Lieutenant Governor or the person who is next in succession\n\nto the Office pursuant to the provisions of Section 15 of Article VI\n\nof the Oklahoma Constitution if the Governor transmits to the\n\nPresident Pro Tempore of the Senate and the Speaker of the House of\n\nRepresentatives his written declaration that he is unable to\n\ndischarge the powers and duties of his Office. The Lieutenant\n\nGovernor or other successor shall hold the Office until the Governor\n\ntransmits to the President Pro Tempore of the Senate and the Speaker\n\nof the House of Representatives a written declaration that he is\n\nable to perform the powers and duties of his Office.\n\nB. If a majority of a committee, comprised of the State Auditor\n\nand Inspector, State Treasurer, Superintendent of Public\n\nInstruction, Chairman of the Corporation Commission and Insurance\n\nCommissioner, transmits to the President Pro Tempore of the Senate,\n\nthe Speaker of the House of Representatives and the Governor its\n\nwritten declaration that the Governor is unable to discharge the\n\npowers and duties of his Office, then the Office, with its\n\ncompensation, shall devolve upon the Lieutenant Governor or other\n\nsuccessor in forty-eight (48) hours unless the Governor transmits to\n\nthe President Pro Tempore of the Senate, the Speaker of the House of\n\nRepresentatives and the members of the committee a written\n\ndeclaration to the contrary within the same forty-eight-hour time\n\nperiod.\n\nC. If, within forty-eight (48) hours after the Governor\n\ntransmits such a declaration, a majority of the committee provided\n\nin subsection B of this section transmits to the President Pro\n\nTempore of the Senate and the Speaker of the House of\n\nRepresentatives a written declaration that the Governor is unable to\n\nperform the powers and duties of his Office, then the Legislature\n\nshall convene within seventy-two (72) hours. If a resolution\n\ndeclaring probable justification for a determination that inability\n\nexists is not adopted by two-thirds (2/3) of the members of each\n\nhouse of the Legislature within seventy-two (72) hours after the\n\nLegislature convenes, then the Governor shall continue to hold the\n\nOffice.\n\nIf such a resolution is adopted by two-thirds (2/3) of the\n\nmembers of each house of the Legislature within seventy-two (72)\n\nhours after the Legislature convenes, then a copy of the resolution\n\nshall be transmitted immediately to the Supreme Court.\n\nD. The Supreme Court shall determine the issue of the inability\n\nof the Governor, by preference and with priority over all other\n\nmatters, under such rules as it shall adopt. If the Supreme Court\n\ndetermines that the Governor is unable to perform the powers and\n\nduties of his Office, then the Office, with its compensation, shall\n\ndevolve upon the Lieutenant Governor or other successor. If the\n\nSupreme Court determines that the Governor is able, then he shall\n\ncontinue to hold the Office.\n\nE. If the Office has devolved upon the Lieutenant Governor or\n\nother successor pursuant to the provisions of this act, and a\n\nmajority of the committee provided in subsection B of this section\n\ntransmits to the President Pro Tempore of the Senate and the Speaker\n\nof the House of Representatives a written declaration that the\n\nGovernor is able to perform the powers and duties of his Office,\n\nthen the Supreme Court shall determine the issue pursuant to the\n\nprovisions of subsection D of this section.\n\nF. When the Office has devolved upon the Lieutenant Governor or\n\nother successor, the provisions of this act shall also apply to the\n\nperson holding the Office.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7bf253fcf663d0b140d7f06643f343b1fb305042e4cc11609d5afe71b685eccd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-79","next":"us-ok/okla.-stat.-tit.-74-74-80.1"},"notice":"GroundRules: Original legal text. Not legal advice."}