OKLAHOMA CITY (Oct. 29, 2026) – Attorney General Gentner Drummond today issued a formal opinion on the U.S. Senate seat vacated by former Sen. Markwayne Mullin. The opinion concludes that the candidate elected to the seat on Nov. 3 will also fill the rest of the term. That candidate will be eligible to take office once the State Election Board certifies the results.
The opinion answers separate requests from Gov. Kevin Stitt and Senate President Pro Tempore Lonnie Paxton. It also concludes that the appointment of U.S. Sen. Alan Armstrong ends when the newly elected senator takes the oath of office, rather than on Jan. 3, 2027, when the current Senate term ends.
"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 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."
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. Instead, the winner is considered elected to both the remainder of the current term and the new term. Once the results are certified, the opinion finds the Governor must certify the winner’s election for both terms to the U.S. Senate without delay. The U.S. Senate, which judges the elections and qualifications of its own members, administers the oath.
The vacancy began when Sen. Mullin resigned in March to become U.S. Secretary of Homeland Security. Gov. Stitt appointed Sen. Armstrong the next day. As state law requires, Sen. Armstrong pledged before his appointment that he would not run for the seat.
