Legislation Provides Election Procedures Needed When Term Limits Create Mid-Term Vacancies

Legislation to create an orderly election procedure in cases when a member of the Oklahoma Legislature reaches the constitutionally mandated 12-year term limit in mid-term is scheduled to be considered by both the House and Senate Thursday, Senate President Pro Tempore Cal Hobson announced today.

House Bill 2663 calls on the governor to call for a special election in such instances. Speaker Larry Adair, D-Stilwell, and Senator Kenneth Corn, D-Poteau, are authors of the measure.

In cases when a member reaches the 12-year limit after March 1 in an even numbered year, the seat would be filled at a special election to be held at the time of the regular election that year. The newly elected member of the Legislature on either the date the incumbent’s eligibility expires or the date other members elected in that year’s regular elections take office, whichever is later.

In cases when a member reaches the 12-year limit in an odd-numbered year or before March 1 in an even-numbered year, a special election would have to be held. The governor would issue a call not less than 60 days prior to the expiration of the incumbent’s eligibility. The new member would then take office upon expiration of the incumbent’s eligibility.

“Attorney General Edmondson has made it clear that 12 means 12 in the term limits portion of the Constitution and I believe this will allow for an orderly election process when cases like this arise,” Hobson said.

House Bill 2663 is on the House agenda for Thursday morning. If it passes the House, Hobson said Senators will also vote on the measure Thursday.