ARTICLE 2.
PRIMARY ELECTIONS.
SENATE BILL NO. 2.
AN ACT amending Section 2, Chapter 62, Session Laws, 1933, and Sections 5758 and 5759, Oklahoma Stat-
utes, 1931; providing methods for challenging of notification and declaration of candidates and giv-
ing election board authority to conduct hearings, subpoena witnesses and make decisions In writing
which are final; providing for designation on the ballot of candidate's race and other descriptive
matter; providing that no prefix, suffix, or title shall be placed before or after candidate's name
upon the ballot; repealing Sections 5760, 5761, 5763, 6026, 6027, 6028, and 6029, Oklahoma Statutes
1931; and all other Acts and parts of Acts in so far as they relate to run-off primary elections.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Section 1. Elections-Primaries-Candidates-Notification and Declaration.
Section 2, Chapter 62, Session Laws, 1933, is hereby amended to read as
follows:
"Section 2. Notification and declaration required by this Chapter to be
filed with the Secretary of the State Election Board shall be filed not more
than ninety-nine days or less than sixty-six days before the day fixed by
law for the Primary Election; provided, that in a Special Primary Election
called by proclamation of the Governor, notification and declaration shall
be filed not less than ten days before the day fixed by such proclamation
for such Special Primary Election.       Notification and declaration required
by this Chapter to be filed with the Secretary of the County Election Board
shall be filed not more than ninety days nor less than forty-five days be-
fore the time fixed by law for the Primary Election. The name of a non-
partisan candidate shall not be printed upon the official ballot for the Gen-
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eral Election unless a notification and declaration in conformity with the
provisions of this Section shall have been filed by such candidate with the
proper Election Board within the time prescribed by this Section for the
filing of notification and declaration. Any candidate for State office may
withdraw as such candidate upon filing, at any time within twenty days after
the closing of the filing period as provided herein, a withdrawal properly
verified before a Notary Public. Any candidate for county office may with-
draw as such candidate by filing, at any time within ten days after the
closing of the filing period as provided herein, a withdrawal properly verified
before a Notary Public. In the event any nerson files as a candidate and
does not withdraw as herein provided, his name shall be placed upon the
ballot as such candidate. In the event there are only two candidates for a
particular office and one candidate withdraws as provided herein, the re-
maining candidate shall become the candidate of that particular political
party and it shall not be necessary to place his name unon the ballot of
such party, and such person shall be issued a Certificate of Nomination and
his name placed on the ballot as a party's candidate in the General Elec-
tion. All applications of persons for nolitical party nominations must be
filed with and received by the proper Election Board not later than 5 P. M.
on the last day on which the filing may be made under the provisions of
this Section. Provided, that where there are but two candidates for a
nomination and one shall die or become disqualified after the close of the
filing period, the proper executive committee of that party may certify
the name of another candidate to the Election Board at any time before
the ballots are printed."
Section 2. Primary Elections-Nominations-Contests.
Section 5758. Oklahoma Statutes, 1931, is hereby amended to read as
follows:
"Section 5758. The second Tuesday in the month of July of each even
numbered year shall be biennial regular Primary Election Day, at which
time each political party entitled and intending to make nominations for the
next General Election shall nominate their candidates for all elective offices
to be filled at each General Election, includinq United States Rena+ors and
Congressmen. The candidate receiving the highest vote for each office shall
be declared the nominee for said office, and Certificate of Nomination shall
be issued by the Election Board with whom the candidate filed. Provided.
further. that if Special Primary Elections are held to fill vacancies in the
Legislature, or in Congress, they shall be held on a day fixed by the Gov-
ernor by proclamation, which proclamation shall be issued at least fifteen
days before the day of such Snecial Primary Election. In all Snecial Pri-
mary Elections authorized by this Act, the candidate receiving the highest
vote cast shall be declared the nominee. Contest in such Elections may be
had in the manner provided for contests in Primary Elections. Primaries
and contests therein to select party candidates for city and town offices
shall not come within the nrovisions of this Act. Where there are more
than one nominee to be selected for an office in one nominating district.
the office shall be designated and distinviiished by number. such as (naming
the office) No. 1. (naming the office) No. 2, et cetera. Provided. that for
the nomination for Presidential Electors the entire State shall be consid-
ered a nominating district. A candidate filing for such an office shall desig-
nate in his nominating netition the number of the office for which he de-
sires to be a candidate and the Primary Election ballot shall so show.
Nominees of each of such numbered offces. excent nomines for Presi-
dential Electors, shall be designated on the General Election ballot as the
nominee of their nartv for the same number of the office for which he was
nominated, and the nominee securing at said Election the highest number
of votes cast for said numbered office shall be elected to such office. Pro-
vided, that nominees for Presidential Electors shall be placed on the ballot
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in the General Election as provided under Sections 5815 and 5816, Okla-
homa Statutes, 1931. When a tie vote occurs in the nomination or election
of any candidate in any Primary or General Election, the Election Board
which is authorized by law to issue the Certificate of Nomination or Elec-
tion, shall, at a public meeting of the Board and in the presence of the
candidates involved, if they or any of them desire to be present, select the
nominee or electee by lot and in such manner as the Board may select."
Section 3. Counters-Certificates-Returns.
Section 5759, Oklahoma Statutes, 1931, is hereby amended to read as
follows:
"Section 5759. Official counters shall be chosen for the regular Pri-
mary Elections, and the Special Primary Election referred to in this Act,
as in General Elections, and shall perform the same duties as are imposed
on them in General Elections; they shall make and sign certificates, giving
the names of the persons voted for, the office for which each sought the
nomination, and the number of votes received by each, fully certifying the
results of such Elections; such certificates shall become a part of the
official returns of such Elections. The return shall be made as in Gen-
eral Elections to the County Election Board. It shall be the mandatory
duty of the Precinct Election Inspector to deliver the official election re-
turns of his precinct to the Secretary of the County Election Board by noon
of the day following said Election. When the County Election Board has
completed its tabulation of the precinct returns in the Regular Primary
Election, it shall immediately prepare, and sign a certificate showing the
results thereof so itemized as to show the total vote each candidate re-
ceived not only in said County, but in each precinct thereof, and shall file
a signed copy of such returns in the County Clerk's Office, and shall also
and at the same time, certify and transmit by registered mail a signed copy
of said returns, in so far as the same relates to candidates for State office, or
to offices for which the Electors of more than one county are entitled to
vote, to the State Election Board, which returns shall constitute the official
returns to the State Election Board and shall be open for inspection to any
such candidate, or to any person authorized in writing by such candidate
to inspect the same. It shall be the mandatory duty of the members of the
County Election Board to complete said tabulation, filing and mailing within
twenty-four (24) hours from the time the last precinct election returns
are received by them. Any precinct, county or state official failing to per-
form the duties enjoined upon him by this Section or who fails to perform
said duties or any of them within the time limits set forth herein for per-
forming the same shall be guilty of a misdemeanor and unon conviction
shall be punished by a fine of not less than Fifty ($50.00) Dollars, nor more
than Five Hundred ($500.00) Dollars, or by imprisonment in the county
jail for not less than thirty days nor more than six months, or by both
such fine and imprisonment."
Section 4. Challenges to Candidacy-Hearings.
It shall be the duty of the Election Board with whom any notification
and declaration is filed, to hear and determine all questions and objections
that may arise concerning same; and the decision of such board shall in all
cases be final. If the legality or regularity of a notification and declaration
is challenged, questioned or objected to upon any ground, the objections or
grounds shall be set forth in a written petition which shall be filed with the
proper Election Board, together with a copy for the candidate whose filing
or candidacy is challenged. The same shall be set down by the Secretary of
the Election Board for a hearing before the Election Board and notice of
the filing of the petition and of the date and place of the hearing shall be
served upon the candidate whose candidacy is objected to, challenged or
questioned not less than seven days prior to date of hearing, by either per-
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sonal service or by leaving a copy thereof with some adult person at his
place of residence as given in his notification and declaration. A copy of
the notice also shall be mailed to him at his post office address as given
in his notification and declaration. The petition may be heard without
formal pleadings being filed in answer or reply thereto. The Election Board
with whom the petition is filed shall have the authority to issue subpoenas
and compel attendance of witnesses and the production of evidence. Such
Election Board shall have the authority to receive the testimony of wit-
nesses under oath, the oath to be administered by the Secretary of the
Board. At the conclusion of the hearing the Board shall render its deci-
sion in writing. Any candidate's filing may be stricken, and his name
stricken or ordered not placed upon the ballots if his candidacy is frivolous
or not made in good faith. or is fraudulent or contrary to law. If his filing
papers can be amended or corrected to conform to law, the same may be
done upon order of the Election Board providing, the Board finds the amend-
ment or correction proper at the date of its order or decision. No objection
or challenge to a candidacy shall be filed after five days from the close of
the filing period. At the time of filing the petitioner shall deposit, if the
petition is filed with the State Election Board, a cash deposit of Two Hun-
dred and Fifty ($250.00) Dollars, to defray the expenses of the hearing;
if the petition is filed with the County Election Board the deposit shall be
Fifty ($50.00) Dollars. Said deposit shall be used to defray the actual ex-
penses of the hearing including the expenses of the service of process,
mileage and per diem of witnesses and members of the County Election
Board. and the balance, if any, to be returned to said contestant. In the
event said petitioner is successful at said hearing said denosit shall be re-
turned to him or her, and the expense of such hearing shall be borne by
the County or the State, as the case may be, out of appropriations made
for the Election Board.
Section 5. Candidates-Identification as to Race or Name.
Every candidate shall state in his notification and declaration his race.
Any candidate who is other than of the White race, shall have his race
designated upon the ballots in parenthesis after his name. This provision
shall apply both to Primary and General Elections or either of them. To
avoid confusion or misunderstanding among the voters the Election Board
shall have the right to place after any candidate's name in parenthesis any
words not exceeding five in number, which will identify or distinguish said
candidate from any other verson. Such words shall be added only after
notice to the candidate involved. This provision shall apply to both Primary
and General Elections or either of them.
Section 6. Legal Names.
No candidate shall have any prefix, suffix, or title placed before or after
his name upon the ballots. It is hereby declared that the following ab-
breviations are not names or parts of a name and they shall not be placed
upon the ballots: Mr., Mrs., Miss, Dr., M. D., Rev., Prof., Father, Judge,
Sen., Gen., Col., Maj., Capt., or Sgt., and like abbreviations or titles. No
person shall have the right to adopt any of such prefixes, suffixes, and titles,
as a part of their name.
Section 7. Repeal.
Sections 5760, 5761, 5763, 6026, 6027, 6028, and 6029, Oklahoma Stat-
utes. 1931, and all other Acts and parts of Acts in so far as they relate
to Run-off Primary Elections, are hereby repealed.
Became a law without approval by the Governor May 5, 1937.

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