A Primary Election shall be held on the third Tuesday in June of each even-numbered year, at which time each political party recognized by the laws of this state shall nominate its candidates for the offices to be filled at the next succeeding General Election unless otherwise provided by law. No candidate’s name shall be printed upon the General Election ballot unless such candidate shall have been nominated as herein provided, unless otherwise provided by law; provided further that this provision shall not exclude the right of a nonpartisan candidate to have his or her name printed upon the General Election ballots. No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such primary election. Added by Laws 1974, c. 153, § 1-102, operative Jan. 1, 1975. Amended by Laws 1977, c. 134, § 2; Laws 2003, c. 162, § 2; Laws 2011, c. 196, § 2, eff. Nov. 1, 2011; Laws 2023, c. 329, § 1, emerg. eff. June 6, 2023.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1977–2025 · leading case:
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990).
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990).
· cites it 2× “257 (Pages 1988); Okla.Stat.Ann. tit. 26, §§ 1-102, 5-110 (1976 & Supp.”
Clegg v. Oklahoma State Election Bd., 637 P.2d 103 (Okla. 1981).
“1977 § 1-102: A Primary Election shall be held on the fourth Tuesday in August of each even-numbered year, at which time each political party recognized by the laws of Oklahoma shall nominate its candidates for the offices to be filled at the next succeeding General Election,…”
Rainbow Coalition of Oklahoma v. Oklahoma State Election Bd., 844 F.2d 740 (10th Cir. 1988).
“However, plaintiffs do argue in passing that the state has no legitimate reason for requiring a minority party to select its candidates by primary rather than by convention, and that the filing deadline could be pushed back if minority parties did not have to participate in the…”
Holley v. Bingman, No. 5:24-cv-00656 (W.D. Okla. Oct. 9, 2024).
“He asserts that Oklahoma’s election process, and specifically Okla. Stat. tit. 26, §§ 1-102 and 103, violate the First, Ninth, Tenth, and Fourteenth Amendments and seeks declaratory and monetary relief.”
Holley v. Bingman, No. 24-6237 (10th Cir. Sept. 23, 2025).
“He alleged that Oklahoma’s electoral primary system established under Okla. Stat. tit. 26, §§ 1-102 and 1-103 unlawfully excludes candidates from the electoral process and that he was excluded from Oklahoma’s 2022 senatorial election.”
Hunt v. Democratic Party of Oklahoma, 439 F. Supp. 788 (N.D. Okla. 1977).
“” Title 26 O.S. § 1-102. Title 26 O.S. § 1-105 covers the substitute candidates, and provides, in pertinent part: “In the event of the death of a political party’s nominee for office, a substitute candidate will be permitted to have his name placed on the General Election ballot…”
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