Winner of Oklahoma’s U.S. Senate race next week could take office next month, AG rules

OKLAHOMA CITY – The winner of the U.S. Senate race can take office once the Nov. 3 election results are certified, according to an Oklahoma Attorney General’s opinion released Thursday.

Oklahoma Attorney General Gentner Drummond’s decision means the winner of Oklahoma’s U.S. Senate race will likely take his or her oath of office well before Jan. 3 when the current U.S. Senate term ends. 

That means current U.S. Sen. Alan Armstrong’s term would immediately end. 

Gov. Kevin Stitt in late March appointed Armstrong, a Republican, to fill the remainder of former U.S. Sen. Markwayne Mullin’s term. Mullin resigned March 23 to serve as President Donald Trump’s Secretary of Homeland Security.

NPR affiliate KOSU reported in September that Armstrong wanted to continue serving until January, but U.S. Rep. Kevin Hern, R-Tulsa, wanted the winner of  Tuesday’s election to take office as soon as the election results were certified. 

Hern, who is widely favored to win, is running for Oklahoma’s U.S. Senate seat against Democrat N’Kiyla Jasmine Thomas, Libertarian Sevier White and independents Ron Meinhardt and Curtis Stinnett.

Stitt and Senate President Pro Tem Lonnie Paxton, R-Tuttle, asked Drummond to determine whether state law allows Armstrong to finish the term or if the newly elected senator can assume office once the State Election Board certifies the results of Tuesday’s general election.

Because the seat was already on this year’s ballot for a full six-year term, state law does not call for a separate special election, according to the opinion.

Instead, the winner is considered elected to both the remainder of the current term and the new term, the opinion said.

“Oklahoma law and the U.S. Constitution point to the same answer: the voters fill this seat,” Drummond said. “Oklahomans will choose their next senator at the polls Nov. 3, and that person will be eligible to take office once the election is certified.”

If the election is uncontested, the State Election Board will meet at 5 p.m. Nov. 10 to certify the results.

An opinion from the state Attorney General’s Office has the force of law unless challenged in court.

Hern’s campaign issued a statement that said the opinion confirms that Stitt’s appointment ends when a successor is elected.

“This is consistent with the clear language of the statute and ensures Oklahoma will have an elected voice in the Senate without delay,” the statement said.

Armstrong’s office did not immediately respond to a request for comment.