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Okla. Stat. tit. 74, § 74-8

This is the official text of Okla. Stat. tit. 74, § 74-8, part of Oklahoma’s Stat. tit. 74, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 74,." Browse the sections below, each linked to its official government source.

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Governor - Incapacity - Devolution of powers and duties

Official statutory text

A. The Office of Governor, with its compensation, shall devolve

upon the Lieutenant Governor or the person who is next in succession

to the Office pursuant to the provisions of Section 15 of Article VI

of the Oklahoma Constitution if the Governor transmits to the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives his written declaration that he is unable to

discharge the powers and duties of his Office. The Lieutenant

Governor or other successor shall hold the Office until the Governor

transmits to the President Pro Tempore of the Senate and the Speaker

of the House of Representatives a written declaration that he is

able to perform the powers and duties of his Office.

B. If a majority of a committee, comprised of the State Auditor

and Inspector, State Treasurer, Superintendent of Public

Instruction, Chairman of the Corporation Commission and Insurance

Commissioner, transmits to the President Pro Tempore of the Senate,

the Speaker of the House of Representatives and the Governor its

written declaration that the Governor is unable to discharge the

powers and duties of his Office, then the Office, with its

compensation, shall devolve upon the Lieutenant Governor or other

successor in forty-eight (48) hours unless the Governor transmits to

the President Pro Tempore of the Senate, the Speaker of the House of

Representatives and the members of the committee a written

declaration to the contrary within the same forty-eight-hour time

period.

C. If, within forty-eight (48) hours after the Governor

transmits such a declaration, a majority of the committee provided

in subsection B of this section transmits to the President Pro

Tempore of the Senate and the Speaker of the House of

Representatives a written declaration that the Governor is unable to

perform the powers and duties of his Office, then the Legislature

shall convene within seventy-two (72) hours. If a resolution

Oklahoma Statutes - Title 74. State Government Page 54

declaring probable justification for a determination that inability

exists is not adopted by two-thirds (2/3) of the members of each

house of the Legislature within seventy-two (72) hours after the

Legislature convenes, then the Governor shall continue to hold the

Office.

If such a resolution is adopted by two-thirds (2/3) of the

members of each house of the Legislature within seventy-two (72)

hours after the Legislature convenes, then a copy of the resolution

shall be transmitted immediately to the Supreme Court.

D. The Supreme Court shall determine the issue of the inability

of the Governor, by preference and with priority over all other

matters, under such rules as it shall adopt. If the Supreme Court

determines that the Governor is unable to perform the powers and

duties of his Office, then the Office, with its compensation, shall

devolve upon the Lieutenant Governor or other successor. If the

Supreme Court determines that the Governor is able, then he shall

continue to hold the Office.

E. If the Office has devolved upon the Lieutenant Governor or

other successor pursuant to the provisions of this act, and a

majority of the committee provided in subsection B of this section

transmits to the President Pro Tempore of the Senate and the Speaker

of the House of Representatives a written declaration that the

Governor is able to perform the powers and duties of his Office,

then the Supreme Court shall determine the issue pursuant to the

provisions of subsection D of this section.

F. When the Office has devolved upon the Lieutenant Governor or

other successor, the provisions of this act shall also apply to the

person holding the 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.