Oklahoma Attorney General Rules Senate Winner Takes Office Immediately
Attorney General Gentner Drummond ruled that the winner of the November 3 U.S. Senate election can take office immediately upon certification of the results.
Oklahoma Attorney General Gentner Drummond issued a formal opinion ruling that the winner of the November 3 U.S. Senate election can take office immediately once the results are certified. The decision concludes that because the seat is already on the ballot for a full six-year term, state law does not require a separate special election; the winner will be elected to both the remainder of the current term and the new term.
This ruling effectively ends the appointment of Senator Alan Armstrong, who was appointed by Governor Kevin Stitt after Senator Markwayne Mullin resigned in March to become U.S. Secretary of Homeland Security. Armstrong had previously pledged not to run for the position, but the timing of his departure was a point of contention. The legal opinion follows conflicting memorandums submitted by Armstrong and Republican candidate Kevin Hern regarding the appointment's end date.
Drummond cited a state statute requiring appointees to serve only until a successor is elected, noting that the governor has no discretion to delay the certification process. The race includes Republican Kevin Hern, Democrat N’Kiyla Thomas, and a third-party candidate. While the Hern campaign praised the ruling, a spokesperson for Armstrong stated his office is reviewing the opinion.
