This rule is intended set out a procedure for the events described in subparagraph C of 26 O.S. § 2-132.
- (1) In a situation where a prospective candidate who is related within the second degree by either consanguinity or affinity to the secretary of the county election board desires to file a declaration of candidacy for an office in which the secretary of the county election board accepts such declarations, the assistant secretary (or other designated staff member) must review and determine whether to accept the declaration if it meets the requirements under the law.
- (2) From the moment that a declaration of candidacy is accepted for filing pursuant to subparagraph C of 26 O.S. § 2-132 by the State or county election board office, the secretary is temporarily disqualified to serve and suspended from their duties until the related candidate is either elected to office or no longer considered a candidate under the law.
- (3) In the event that a secretary of a county election board is so disqualified, the Secretary of the State Election Board may designate a suitable temporary replacement for the duration of that election or delegate the responsibilities during that time to the assistant secretary.
- (4) The county may elect to continue to use their own funds to pay the salary and benefits of the disqualified secretary, however, the State Election Board will not reimburse the county for the secretary’s salary during the time of disqualification. The acting secretary’s salary is eligible for reimbursement by the State when a temporary replacement is designated.
- (5) In the event a member or alternate member of the county election board is so disqualified pursuant to subparagraph C of 26 O.S. § 2-132, the State Election Board may designate a suitable temporary replacement for the affected elections or may remove the member or alternate.
Added at 42 Ok Reg, Number 20, effective 7-11-25