In September, news broke that Gov. Kevin Stitt's appointed Senator, Alan Armstrong, and the GOP hopeful to replace him, Congressman Kevin Hern, couldn't agree on who would hold the office for the two months immediately following the general election.
Stitt and Oklahoma's Senate Pro Tem Lonnie Paxton, R-Tuttle, asked the state attorney general to weigh in. And In a 15-page formal opinion outlining applicable state and federal laws, Drummond has answered.
"Oklahoma law and the U.S. Constitution point to the same answer: the voters fill this seat," Drummond said in a press release. "Oklahomans will choose their next senator at the polls on Nov. 3, and that person will be eligible to take office once the election is certified."
Per state law, the winner is considered elected to both the remainder of the current term and the new term. So, the opinion says, "the Governor must certify the winner's election for both terms to the U.S. Senate without delay."
Oklahoma Attorney General opinions are binding unless overturned in court. And with Armstrong already hiring prominent Oklahoma City lawyer Glenn Coffee to defend his case and stay in office an extra two months, a court battle could still be on the table.
The governor and lawmakers should now have adequate guidance to proceed without confusion, Drummond said.
Armstrong's office did not immediately respond to requests for comment.
Stitt's team says they are reviewing the opinion before commenting, while a spokesperson for Paxton says the opinion speaks for itself.
Hern faces Democrat N'Kiyla Jasmine Thomas, Libertarian Sevier White and independents Ron Meinhardt and Curtis Stinnett in the November general election.
