Okla. Stat. tit. 26, § 26-12-110.1
This is the official text of Okla. Stat. tit. 26, § 26-12-110.1, part of Oklahoma’s Stat. tit. 26, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 26,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Elections to fill seat of House or Senate member not
Official statutory text
eligible to finish term – Full term and period of service defined.
Oklahoma Statutes - Title 26. Elections Page 136
A. Elections to fill the seat of a member of the Oklahoma State
Senate or the Oklahoma House of Representatives who is not eligible
to complete the term of office to which such member was elected due
to the provisions of Section 17A of Article V of the Oklahoma
Constitution shall be held as provided in this section.
B. Whenever a member's eligibility to serve shall expire in an
even-numbered year, the vacancy shall be filled by a special
election to be called by the Governor which shall be held in that
even-numbered year on the same dates as the regular Primary
Election, Runoff Primary Election and General Election. The filing
period for the special election shall be the regular filing period
prescribed in Section 5-110 of this title. The person elected in
the special election shall take office on the later of the date
other members of the Legislature elected at such election take
office or the expiration of the incumbent's eligibility to serve and
shall serve the remainder of the unexpired term.
C. Whenever a member's eligibility to serve shall expire in an
odd-numbered year, the position shall be filled by a special
election to be called by the Governor. The Governor shall issue a
proclamation calling such an election no less than sixty (60) days
prior to the expiration of the member's eligibility to serve. The
person elected shall take office upon the expiration of the
incumbent's eligibility to serve.
D. The Governor shall issue a proclamation, a copy of which
must be filed with the Secretary of the State Election Board, for
any election to be held pursuant to this section. Such proclamation
shall be issued prior to the date the member's eligibility to serve
expires and must be issued at least ten (10) days prior to the
filing period. For an election held pursuant to subsection C of
this section, the proclamation shall contain the following facts:
1. A filing period of three (3) days, on a Monday, Tuesday and
Wednesday, not less than ten (10) days from the date of such
proclamation;
2. The date of the Special Primary Election, not less than
twenty (20) days after the close of the filing period; and
3. The date of the Special General Election, not less than
twenty (20) days after the date of the Primary Election.
E. For purposes of this section:
1. A full term of service in the Oklahoma House of
Representatives shall be counted as two (2) years of service;
2. A full term of service in the Oklahoma State Senate shall be
counted as four (4) years of service;
3. A period of service of less than a full term which is not
exempt from the constitutional limitations on length of legislative
service shall be calculated from the date the legislator assumes the
office for such term until the date the legislator vacates such
office; and
Oklahoma Statutes - Title 26. Elections Page 137
4. A period of service with respect to a term during which a
member reaches the constitutionally limited length of service shall
be calculated from the date the legislator assumes the office for
such term until the date the legislator completes a total of twelve
(12) years of service not exempt from the constitutional
limitations.
Oklahoma Statutes - Title 26. Elections Page 136
A. Elections to fill the seat of a member of the Oklahoma State
Senate or the Oklahoma House of Representatives who is not eligible
to complete the term of office to which such member was elected due
to the provisions of Section 17A of Article V of the Oklahoma
Constitution shall be held as provided in this section.
B. Whenever a member's eligibility to serve shall expire in an
even-numbered year, the vacancy shall be filled by a special
election to be called by the Governor which shall be held in that
even-numbered year on the same dates as the regular Primary
Election, Runoff Primary Election and General Election. The filing
period for the special election shall be the regular filing period
prescribed in Section 5-110 of this title. The person elected in
the special election shall take office on the later of the date
other members of the Legislature elected at such election take
office or the expiration of the incumbent's eligibility to serve and
shall serve the remainder of the unexpired term.
C. Whenever a member's eligibility to serve shall expire in an
odd-numbered year, the position shall be filled by a special
election to be called by the Governor. The Governor shall issue a
proclamation calling such an election no less than sixty (60) days
prior to the expiration of the member's eligibility to serve. The
person elected shall take office upon the expiration of the
incumbent's eligibility to serve.
D. The Governor shall issue a proclamation, a copy of which
must be filed with the Secretary of the State Election Board, for
any election to be held pursuant to this section. Such proclamation
shall be issued prior to the date the member's eligibility to serve
expires and must be issued at least ten (10) days prior to the
filing period. For an election held pursuant to subsection C of
this section, the proclamation shall contain the following facts:
1. A filing period of three (3) days, on a Monday, Tuesday and
Wednesday, not less than ten (10) days from the date of such
proclamation;
2. The date of the Special Primary Election, not less than
twenty (20) days after the close of the filing period; and
3. The date of the Special General Election, not less than
twenty (20) days after the date of the Primary Election.
E. For purposes of this section:
1. A full term of service in the Oklahoma House of
Representatives shall be counted as two (2) years of service;
2. A full term of service in the Oklahoma State Senate shall be
counted as four (4) years of service;
3. A period of service of less than a full term which is not
exempt from the constitutional limitations on length of legislative
service shall be calculated from the date the legislator assumes the
office for such term until the date the legislator vacates such
office; and
Oklahoma Statutes - Title 26. Elections Page 137
4. A period of service with respect to a term during which a
member reaches the constitutionally limited length of service shall
be calculated from the date the legislator assumes the office for
such term until the date the legislator completes a total of twelve
(12) years of service not exempt from the constitutional
limitations.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
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.