Bill Would Overhaul Appointment of Replacement Officeholders

Lawmakers have voted to change the way vacancies in statewide offices are filled.

House Bill 1322, by state Rep. Mike Reynolds, would allow Oklahoma voters, not the governor, to choose the person who fills any vacated statewide office.

Reynolds filed the legislation to prevent any scandals from occurring similar to the one experience recently in Illinois, where Illinois Gov. Rod Blagojevich was accused of trying to “sell” an appointment to the then-vacant U.S. Senate seat.

“The appointment power can easily be abused and Oklahoma has seen more than its share of corruption already,” said Reynolds, R-Oklahoma City. “My bill will simply remove that temptation and ensure the people of Oklahoma choose the people they want to serve in office.”

If any major office is vacated before the end of the officeholder’s current term that position would remain unfilled until the next general election under the proposal. Currently, the governor is allowed to appoint a successor.

Reynolds noted that Gov. Brad Henry actually endorsed a similar course of action when former State Auditor Jeff McMahan was under federal investigation. During that controversy, Henry urged McMahan to step aside during the investigation. McMahan later resigned from office after being convicted.

Reynolds also noted that vacancies in the state Legislature are filled through the election process and not by gubernatorial appointment.
In recent years, two major statewide officeholders have resigned due to legal troubles: McMahan and former Insurance Commissioner Carroll Fisher. Other vacancies have occurred in the offices of State Treasurer and Corporation Commissioner.

House Bill 1322 passed out of the House Rules committee and now proceeds to the floor of the Oklahoma House of Representatives.