ok sb540(2011)- sykes
TRANSCRIPT
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Req. No. 260 Page 1
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STATE OF OKLAHOMA
1st Session of the 53rd Legislature (2011)
SENATE BILL 540 By: Sykes
AS INTRODUCED
An Act relating to citizenship of candidates;
amending 26 O.S. 2001, Sections 5-118 and 5-130,
which relate to contests of candidacy; providing for
contest of candidacy based upon citizenship;
specifying who may file such contest; providing that
burden of proof upon contestee; specifying
documentation deemed to satisfy burden of proof; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2001, Section 5-118, is
amended to read as follows:
Section 5-118. A. Any candidate, hereafter referred to as
petitioner, may contest the candidacy of any other candidate for the
same office, hereafter referred to as contestee, by filing a written
petition with the secretary of the election board with whom said the
candidate filed the declaration of candidacy.
B. In the event only one candidate files for an office, a
petition contesting the candidacy may be filed by any registered
voter who is eligible to vote for the candidate.
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Req. No. 260 Page 2
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C. Any registered voter who would be eligible to vote in the
General Election for the office for which the candidate is running
may contest the candidacy of a candidate, if the voter believes the
contestee is not a citizen of the United States.
SECTION 2. AMENDATORY 26 O.S. 2001, Section 5-130, is
amended to read as follows:
Section 5-130. The A. Except as otherwise provided in
subsection B of this section, the burden of proof shall be upon the
petitioner to sustain the allegations in his the petition. However,
failure of the contestee to appear or answer thereto shall be deemed
to place him the contestee in default, and shall constitute an
admission of the allegations of the petition, in which event, if the
board determines that the factual allegations of the petition
constitute appropriate grounds for disqualification, such
contestee's candidacy shall be stricken.
B. In the event of a contest of candidacy pursuant to the
provisions of subsection C of Section 5-118 of this title, the
burden of proof shall be upon the contestee to refute the
allegations in the petition. Such burden of proof shall be deemed
satisfied if the contestee presents one of the following documents
to provide proof of United States citizenship:
1. An original birth document issued by a state, the
Commonwealth of Puerto Rico, or the District of Columbia, or a
certified copy thereof;
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