Election Board turns to state statute following death of county commissioner candidate

August 29, 2012

In the recent passing of Mr. Tracy Caudell, citizens of Texas County have a new curiosity about the vacant County Commissioner position #2 that is up for election on Nov. 6 of this year.
Texas County Election Board Secretary La Fonda F. Limon said that there is a statute that now has to be followed.
"The democratic head in Texas County was notified on the 23rd of August," said Limon. "That's when we found out about the situation in reference to Mr. Caudell, and he was a registered Democrat; therefore, the law states that it was the head of the Democratic Party that is advised."
Limon went on to say that they have taken action and have come to get the layout of the maps and everything else required.
"They have 15 days to come up with a person to put in the place of Mr. Caudell," said Limon. "They have to decide on a name, and then there are two persons that are required to sign a notice of letter to our office."
Limon said that there is no filing fee and no contest to candidacy or anything in that reference. The person that is issued within the 15 given days will be taking the place of Mr. Caudell."
The Texas County Election Board was referred to the Oklahoma Statute - Title 26, Section 1-105 which is as follows:
Oklahoma Statutes Citationized
Title 26. Elections Chapter A1 - Election Code
Article Article I - State and County Elections - Political Parties
Section 1-105 - Substitute Candidates
Cite as: O.S.
A. In the event of the death of a political party's nominee for office prior to the date of the General Election, a substitute candidate will be permitted to have his name placed on the General Election ballot as follows:
1. If the nominee was a candidate for county office, the political party's central committee of said county shall notify the secretary of the county election board of the name of an alternative candidate to be placed on the General Election ballot. Such notice shall be submitted in writing, within fifteen (15) days after said death has occurred, but not later than fifty-five (55) days prior to the General Election, and shall be signed by at least two duly authorized members of the political party's county central committee;
2. If the nominee was a candidate who filed a Declaration of Candidacy with the State Election Board, the state central committee of the party affected shall notify the Secretary of the State Election Board of the name of an alternative candidate to be placed on the General Election ballot. Such notice shall be submitted in writing, within fifteen (15) days after said death has occurred, but not later than sixty (60) days prior to the General Election for statewide and federal offices and not later than fifty-five (55) days prior to the General Election for other offices, and shall be signed by at least two duly authorized members of the political party's state central committee; and
3. If said death should occur five (5) days or more following the Runoff Primary Election date, a special General Election shall be called by the Governor and shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title, except that there shall be no filing period or special Primary Election and the candidates in the special General Election shall be the substitute candidate named by the central committee and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.
B. In the event of the death of a candidate who was unopposed for election, a Special Election shall be called by the Governor. Said Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.