AND ANY REFERENCE TO ORGANIZATIONS WAS OMITTED. IT IS REASONABLE TO ASSUME THAT THE LEGISLATURE INTENDED TO DROP THE ORGANIZATIONAL PROHIBITION.
IT IS IMPORTANT TO NOTE THAT WHETHER AN ORGANIZATION IS A POLITICAL PARTY OR IF AN OFFICER THEREOF IS, IN FACT, AN OFFICER OF ANOTHER ENTITY WHICH IS INDEED-A POLITICAL PARTY IS A FACTUAL QUESTION. IN ADDITION, CERTAIN OFFICERS MAY EVOLVE INTO PROHIBITED ACTIVITIES SHOULD THE NATURE OF THE ORGANIZATION CHANGE OR BY A CHANGING RELATIONSHIP TO A POLITICAL PARTY.
YOU SPECIFICALLY INQUIRE INTO THE STATUS OF ELECTORS AND DELEGATES TO PARTY CONVENTIONS. 74 O.S. 4242(6) ALLOWS A CLASSIFIED EMPLOYEE TO "ATTEND A POLITICAL CONVENTION, RALLY, FUND RAISING FUNCTION OR OTHER POLITICAL GATHERING." I AM OF THE OPINION THAT A CLASSIFIED EMPLOYEE MAY SERVE AS A DELEGATE DUE TO THE FACT THAT SUBSECTION B STRICTLY PROHIBITS OSBI AND OBNDD EMPLOYEES FROM SERVING AS DELEGATES WHILE NO SIMILAR PROHIBITION IS LISTED IN SUBSECTION A RELATING TO ALL OTHER CLASSIFIED EMPLOYEES.
ALTHOUGH DELEGATES TO POLITICAL CONVENTIONS HAVE BEEN HELD TO BE NONFFICERS" OF A POLITICAL PARTY IN SOME STATES, SEE E.G. ALEXANDER V. BOOTH, 56 SO.2D 716 (FLA. 1952), THE OKLAHOMA STATUTES CREATE A SEPARATE PROHIBITION IN 74 O.S. 4242(B)(7) WHICH CLEARLY INDICATES AN INTENT TO DISTINGUISH DELEGATES FROM OFFICERS AS PROHIBITED IN 74 O.S. 4242(A)(4). 74 O.S. 4242 CONTAINS NO PROHIBITION AGAINST A CLASSIFIED EMPLOYEE SERVING AS A PRESIDENTIAL ELECTOR. ALTHOUGH ELECTORS ARE GENERALLY CONSIDERED STATE OFFICERS; LILLARD V. CORDELL, 200 OKL. 577, 198 P.2D 417 (1948), THE ATTORNEY GENERAL HAS OPINED (A.G. OPIN. NO. 88-068) THAT ONLY THE OFFICE HOLDERS LISTED IN 26 O.S. 10-104, ARE EXCLUDED FROM SERVICE AS A PRESIDENTIAL ELECTOR.
THEREFORE, WHETHER OR NOT ANY PARTICULAR PERSON IS HOLDING AN OFFICE IN A POLITICAL PARTY VIOLATIVE OF SECTION 4242 IS A FACTUAL QUESTION AND THUS IS BEYOND THE SCOPE OF AN ATTORNEY GENERAL'S OPINION. A CLASSIFIED EMPLOYEE, WITH THE EXCEPTIONS NOTED IN SECTION 74 O.S. 4242(B), MAY SERVE AS A DELEGATE TO A POLITICAL CONVENTION OR SERVE AS A PRESIDENTIAL ELECTOR UNDER THE PROVISIONS OF 74 O.S. 4242.
(DOUGLAS B. ALLEN)
(STATE EMPLOYEE/POLITICAL CAMPAIGN/POLITICAL OFFICE/26 O.S. 10-104/STATE OFFICE/OFFICE HOLDING)