Congress
Oklahoma’s next senator can be seated immediately after election, state AG rules
The winner of next week’s Oklahoma Senate race will be able to take office immediately after the election, effectively ending Republican Sen. Alan Armstrong’s appointment before the current session of the Senate concludes, the state attorney general ruled on Thursday.
Oklahoma Attorney General Gentner Drummond’s ruling on Thursday could pave the way for Rep. Kevin Hern (R-Okla.), the heavy favorite in the race and a Trump ally, to be seated by early November.
Armstrong, a former energy executive, was appointed in March to temporarily fill the seat vacated by Markwayne Mullin, now Department of Homeland Security secretary.
Both Armstrong and Hern submitted memorandums to the state attorney general’s office in disagreement over when Armstrong’s appointment ends, with Hern arguing he should be able to take office before the beginning of the next Congress.
“Oklahoma law and the U.S. Constitution point to the same answer: the voters fill this seat,” Drummond said in a statement. “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. This opinion gives the Governor and the Legislature clear guidance on how to proceed.”
This November’s election is for a full six-year term in the Senate. Mullin, a former member of the House, initially won a 2022 special election to complete the term of the Sen. Jim Inhofe, who retired early in January 2023.
Armstrong was not a candidate to replace Mullin; Oklahoma law bars Senate appointees from seeking election to a full term.
Drummond’s formal opinion, addressed to Gov. Kevin Stitt and Oklahoma state Senate President pro tempore Lonnie Paxton, effectively sides with Hern and points to a state statute, which directs the governor to appoint a person “to serve in such office until a successor is elected.”
“The Governor has no discretion to decline or delay certifying the election,” Drummond added.
A spokesperson for Armstrong’s office said they are reviewing the state attorney general’s opinion, and “in the meantime, Senator Armstrong’s full focus remains on passing comprehensive permitting reform to lower utility prices, grow the economy, and get America building again.”
Hern did not immediately respond to a request for comment.