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Okla. Stat. tit. 11, § 11-8-109

This is the official text of Okla. Stat. tit. 11, § 11-8-109, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.

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Vacancies in office

Official statutory text

A. When a vacancy occurs in an office of an elected municipal

official except the mayor, the governing body shall appoint, by a

majority vote of the remaining members, a person to fill the vacancy

until the next general municipal election, or the next biennial town

meeting if the municipality is subject to the Oklahoma Town Meeting

Act, Section 16-301 et seq. of this title, and to serve until a

successor is elected and qualified. Any vacancy shall then be

filled at the next general municipal election or biennial town

meeting by election of a person to complete the balance of any

unexpired term. If the vacancy has not been filled within sixty (60)

days after it occurs, the governing body shall call for a special

election or a special town meeting for the purpose of filling the

vacancy for the duration of the unexpired term unless said vacancy

occurs or said election would occur within one hundred twenty (120)

days prior to the first day of the filing period for the next

general municipal election or within one hundred twenty (120) days

prior to the next biennial town meeting. If a vacancy is not filled

by the special election or at a special town meeting, it shall be

filled by appointment as provided for in this subsection.

B. If a majority of the offices of a governing body become

vacant more than sixty (60) days before the beginning of a regular

filing period for general municipal elections or more than sixty

(60) days before the biennial town meeting, the remaining members of

the governing body shall call for a special election or a special

town meeting, if the municipality is subject to the Oklahoma Town

Meeting Act, to be held as soon as possible in the municipality for

the purpose of filling all vacant offices for the remainder of their

unexpired terms if the election or town meeting can be held more

than sixty (60) days before the beginning of the filing period for

Oklahoma Statutes - Title 11. Cities and Towns Page 42

the general election or more than sixty (60) days before the next

biennial town meeting. The remaining members of the governing body

may pay claims in accordance with Section 17-102 of this title and,

when necessary to avoid financial loss or injury to a person or

property, may take any action otherwise authorized for the governing

body except the enactment of an ordinance.

C. If all the offices of the governing body become vacant, the

municipal clerk or acting municipal clerk shall be the interim mayor

until a member of the governing body is elected and qualified. If

there is no municipal clerk or acting municipal clerk in office, the

municipal treasurer shall serve as interim mayor and acting

municipal clerk. If there is no municipal officer in office, the

Governor may appoint a registered voter of the municipality as

interim mayor and acting municipal clerk. The appointed interim

mayor shall give bond for the faithful performance of his duties

within ten (10) days after his appointment. The municipality shall

pay the premium on the bond.

D. The interim mayor shall exercise the authority of the

governing body for only those purposes set out in this section.

1. Within five (5) days of the occurrence of the last vacancy,

the interim mayor shall call a special election or a special town

meeting, if the municipality is subject to the provisions of the

Oklahoma Town Meeting Act, for the purpose of filling the unexpired

terms in accordance with subsection B of this section. If all of

the offices of the governing body become vacant sixty (60) days or

less before the beginning of a regular filing period for general

elections or sixty (60) days or less before the next biennial town

meeting, the interim mayor shall call the regular general election

or the biennial town meeting, whichever is appropriate. If the

interim mayor fails or refuses to call an election or town meeting,

whichever is appropriate, the board of county commissioners of the
ess before the beginning of a regular filing period for general

elections or sixty (60) days or less before the next biennial town

meeting, the interim mayor shall call the regular general election

or the biennial town meeting, whichever is appropriate. If the

interim mayor fails or refuses to call an election or town meeting,

whichever is appropriate, the board of county commissioners of the

county in which the municipality is located shall call the election

or town meeting. The county sheriff, or his deputy, shall attend

any town meeting called by the board of county commissioners and, if

the interim mayor fails to conduct the meeting, shall moderate the

meeting. The interim mayor or the sheriff or deputy who is

moderating the meeting is authorized to appoint a registered voter

of the municipality to take the minutes of the meeting. If the

vacancies are not filled by the election or town meeting called for

the purpose, the Governor may appoint registered voters of the

municipality to fill the vacancies without regard to wards for the

balance of the unexpired term.

2. The interim mayor may pay claims in accordance with

subsection C of Section 17-102 of this title. The interim mayor

shall submit a list of such payments to the governing body of the

municipality no later than the second regular meeting after the

vacancies are filled.

Oklahoma Statutes - Title 11. Cities and Towns Page 43

E. To be eligible for appointment to fill a vacancy in an

elected municipal office a person must meet the same qualifications

required for filing a declaration for candidacy for that office.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.