1 STATE OF OKLAHOMA

2 1st Session of the 53rd Legislature (2011)

3 SENATE BILL 540 By: Sykes

6 AS INTRODUCED

7 An Act relating to citizenship of candidates;

amending 26 O.S. 2001, Sections 5-118 and 5-130,
8 which relate to contests of candidacy; providing for
contest of candidacy based upon citizenship;
9 specifying who may file such contest; providing that
burden of proof upon contestee; specifying
10 documentation deemed to satisfy burden of proof; and
providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14 SECTION 1. AMENDATORY 26 O.S. 2001, Section 5-118, is

15 amended to read as follows:

16 Section 5-118. A. Any candidate, hereafter referred to as

17 petitioner, may contest the candidacy of any other candidate for the

18 same office, hereafter referred to as contestee, by filing a written

19 petition with the secretary of the election board with whom said the

20 candidate filed the declaration of candidacy.

21 B. In the event only one candidate files for an office, a

22 petition contesting the candidacy may be filed by any registered

23 voter who is eligible to vote for the candidate.

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1 C. Any registered voter who would be eligible to vote in the

2 General Election for the office for which the candidate is running

3 may contest the candidacy of a candidate, if the voter believes the

4 contestee is not a citizen of the United States.

5 SECTION 2. AMENDATORY 26 O.S. 2001, Section 5-130, is

6 amended to read as follows:

7 Section 5-130. The A. Except as otherwise provided in

8 subsection B of this section, the burden of proof shall be upon the

9 petitioner to sustain the allegations in his the petition. However,

10 failure of the contestee to appear or answer thereto shall be deemed

11 to place him the contestee in default, and shall constitute an

12 admission of the allegations of the petition, in which event, if the

13 board determines that the factual allegations of the petition

14 constitute appropriate grounds for disqualification, such

15 contestee's candidacy shall be stricken.

16 B. In the event of a contest of candidacy pursuant to the

17 provisions of subsection C of Section 5-118 of this title, the

18 burden of proof shall be upon the contestee to refute the

19 allegations in the petition. Such burden of proof shall be deemed

20 satisfied if the contestee presents one of the following documents

21 to provide proof of United States citizenship:

22 1. An original birth document issued by a state, the

23 Commonwealth of Puerto Rico, or the District of Columbia, or a

24 certified copy thereof;

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1 2. An original birth certificate issued by the federal

2 government, or a certified copy thereof;

3 3. An original United States Certificate of Birth Abroad;

4 4. An original Report of Birth Abroad of a Citizen of the

5 United States;

6 5. An original Certificate of Citizenship (Form N-560 or N-

7 561); or

8 6. For an elective office other than President and Vice

9 President of the United States, an original Certificate of

10 Naturalization (Form N-550, N-570, or N-578) or a valid United

11 States passport.

12 SECTION 3. This act shall become effective November 1, 2011.

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14 53-1-260 CD 1/31/2011 2:13:15 PM

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