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OK SB540(2011)- Sykes

OK SB540(2011)- Sykes

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Published by: welsh dragon on Feb 02, 2011
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02/02/2011

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 Req. No. 260 Page 1
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STATE OF OKLAHOMA1st Session of the 53rd Legislature (2011)SENATE BILL 540 By: SykesAS INTRODUCEDAn Act relating to citizenship of candidates;amending 26 O.S. 2001, Sections 5-118 and 5-130,which relate to contests of candidacy; providing forcontest of candidacy based upon citizenship;specifying who may file such contest; providing thatburden of proof upon contestee; specifyingdocumentation deemed to satisfy burden of proof; andproviding an effective date.BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:SECTION 1. AMENDATORY 26 O.S. 2001, Section 5-118, isamended to read as follows:Section 5-118. A. Any candidate, hereafter referred to aspetitioner, may contest the candidacy of any other candidate for thesame office, hereafter referred to as contestee, by filing a writtenpetition with the secretary of the election board with whom said thecandidate filed the declaration of candidacy.B. In the event only one candidate files for an office, apetition contesting the candidacy may be filed by any registeredvoter who is eligible to vote for the candidate.
 
 Req. No. 260 Page 2
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C. Any registered voter who would be eligible to vote in theGeneral Election for the office for which the candidate is runningmay contest the candidacy of a candidate, if the voter believes thecontestee is not a citizen of the United States.SECTION 2. AMENDATORY 26 O.S. 2001, Section 5-130, isamended to read as follows:Section 5-130. The A. Except as otherwise provided insubsection B of this section, the burden of proof shall be upon thepetitioner to sustain the allegations in his the petition. However,failure of the contestee to appear or answer thereto shall be deemedto place him the contestee in default, and shall constitute anadmission of the allegations of the petition, in which event, if theboard determines that the factual allegations of the petitionconstitute appropriate grounds for disqualification, suchcontestee's candidacy shall be stricken.B. In the event of a contest of candidacy pursuant to theprovisions of subsection C of Section 5-118 of this title, theburden of proof shall be upon the contestee to refute theallegations in the petition. Such burden of proof shall be deemedsatisfied if the contestee presents one of the following documentsto provide proof of United States citizenship:1. An original birth document issued by a state, theCommonwealth of Puerto Rico, or the District of Columbia, or acertified copy thereof;

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