If President Donald Trump gets his wish for U.S. Sen. Markwayne Mullin to lead the Department of Homeland Security, that leaves Gov. Kevin Stitt with an appointment to make.
Mullin has served since 2023, after winning a special election that followed the late Sen. Jim Inhofe’s mid-term retirement. The term is up this year and the seat is on this November’s ballot.
Typically when a congressional seat is vacated, the governor appoints a replacement and calls for a special election, said Michael H. Crespin, a political science professor at the University of Oklahoma who serves as director and curator of the Carl Albert Congressional Research and Studies Center.
But, in this scenario, there would be no need for a special election because it fits into the regular election cycle.
“The appointee is a placeholder until the election,” Crespin said.
State law says the appointee must be of the same political party of the vacating elected official for at least five years. That means Stitt must appoint a Republican to fill the seat. The person also must be at least 30 years old and have lived in Oklahoma at least nine years.
Nothing in law prevents Stitt from appointing himself, but he would not be able to run for the office. State statutes require prospective appointees to submit an oath to the Oklahoma Secretary of State promising not to file as a candidate for that office in the next election.
Stitt, who is term-limited as governor this year, could appoint a person and seek the office.

Before an appointment is made, Mullin must be confirmed as secretary of Homeland Security by his colleagues in the U.S. Senate. He must receive a majority approval for confirmation.
Trump stated on a Truth Social post that Mullin will begin as acting secretary March 31, and current director Kristi Noem will move to a special envoy position after facing mounting criticism.
The aggressive timeline means Stitt may need to act fast. State law requires an appointment within 30 days of a vacancy.
“When the Senate wants to move fast, it can,” Crespin said. “A month is doable. That being said, senators like the opportunity to ask questions, be on TV and have a hearing. Skipping a hearing would be unusual.”
After the hearing, the U.S. Senate Committee on Homeland Security and Governmental Affairs — chaired by Sen. Rand Paul, R-Kentucky — will vote on Mullin’s nomination. If approved, a confirmation vote will move to the full chamber.
Mullin spoke to reporters at the Capitol Thursday afternoon and said Trump called him earlier that day about the nomination.
He said he planned to win bipartisan votes for confirmation.
“We’re going to try to earn everybody’s vote. I want people to understand, when I go into this position, yes, I’m a Republican, yes, I’m conservative, but the Department of Homeland Security is to keep everybody (safe), regardless of if you support me or you don’t support me, regardless of what your thoughts are,” he said.
Stitt issued a statement calling Mullin a fighter for Oklahoma and for national security.
“There isn’t a better choice to lead the Department of Homeland Security,” Stitt stated. “Oklahoma has been an example to the nation for smart immigration enforcement, and Markwayne will bring that common sense to DHS. I will be looking to appoint a strong, small government conservative voice to support President Trump and protect Oklahomans’ way of life.”
Candidate filing for the Senate seat is open April 1-3. Though candidates have yet to officially file, three people are listed on the Federal Election Commission’s website as having campaign contributions for the seat.
Mullin has about $3 million in campaign contributions. Two other candidates listed are Democrats N’Kiyla “Jasmine” Thomas, with campaign contributions of $19,427, and Troy Wesley Green with $10,727 in contributions.
Born in Tulsa and raised in Stilwell, Mullin ran his family’s plumbing business until he was elected in 2012 to represent Oklahoma’s Second Congressional District in the House. He has been one of Trump’s most vocal supporters.
Mullin is also a citizen of the Cherokee Nation and the only Indigenous U.S. senator. Cherokee Nation Principal Chief Chuck Hoskin Jr. congratulated Mullin on the position.
“Having a Cherokee Nation citizen serve within the United States Cabinet is a mark of high esteem for our tribe,” Hoskin wrote. “It stands as a testament to the resilience, capability and enduring impact of our people. We are confident in Secretary Mullin’s ability to lead with historic responsibility and look forward to the positive, unifying impact his unique perspective will bring to the nation.”
The Tulsa Regional Chamber congratulated Mullin and touted his advocacy for economic growth, infrastructure and business.
“We are confident his leadership, commitment to public service and Oklahoma values will guide the department well as it protects our nation and strengthens our security,” stated chamber President and CEO Mike Neal in a press release.
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