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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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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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