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Congress

One New Senator Will Get Sworn In Early — and Gain Seniority

Oklahoma Sen.-elect Kevin Hern will be sworn in on Nov. 30 after the state’s attorney general ruled the current senator must depart after the election is certified.

Sen-elect Kevin Hern

Oklahoma Sen.-elect Kevin Hern will be sworn in on Nov. 30, giving him seniority over other newly elected senators. (J. Scott Applewhite/AP)

By Reese Gorman

November 9, 2026 05:44 p.m.

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Oklahoma Sen.-elect Kevin Hern will be sworn into office on Nov. 30 after reaching an agreement with Sen. Alan Armstrong following months of back-and-forth, the two Republicans announced in a joint statement along with Oklahoma’s Republican governor, Kevin Stitt.

The dispute over when Hern’s term begins stems from the vacancy created when President Donald Trump nominated then-Oklahoma Sen. Markwayne Mullin to serve as secretary of homeland security. Stitt appointed Armstrong to fill the seat. Mullin — who won a special election in 2022 to replace retiring Sen. Jim Inhofe — was up for reelection in 2026. Shortly after Mullin’s nomination, Hern filed to run for the seat, which he won on Nov. 3.

Armstrong — who took office on March 24 following Mullin’s Senate confirmation — did not run for the full term, as state law prohibits someone who is appointed to fill a vacancy from running.

“Governor Kevin Stitt, Senator Alan Armstrong, and Senator-Elect Kevin Hern are committed to a timely transition in the United States Senate. Governor Stitt will be sending the two certificates of election as soon he receives the certification by the Oklahoma State Election Board,” a joint statement from Stitt, Armstrong and Hern reads. “After processing credentials and administrative paperwork for the transition, Congressman Hern will present himself on Monday, November 30, to be sworn in to the United States Senate.”

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Since August, Hern and Armstrong have been locked in a battle about when Armstrong’s tenure ends and Hern’s begins. Armstrong’s team argued he should be allowed to serve through January when the next Congress begins. Hern’s team pointed to state law requiring him to be sworn in once the election is certified by the state board of elections, which would be shortly following the Nov. 3 election.

In the end, Oklahoma Attorney General Gentner Drummond sided with Hern in a lengthy opinion. Now, Armstrong is set to leave office on Nov. 30, paving the way for Hern to be sworn in before his classmates and have a leg up in seniority.

“Governor Stitt and Senator-Elect Hern are grateful to Senator Armstrong for his service to Oklahomans, particularly his tireless efforts to advance bipartisan permitting reform that will improve energy affordability and reliability, create good-paying jobs, and bolster American competitiveness,” the joint statement concludes.

The feud between Armstrong and Hern spilled into public view after The Washington Sun reported that Armstrong wanted to remain in the Senate at least until permitting reform was passed, a top priority of his. But, with no solid date set on when that would occur, Hern’s team started arguing that state law required he should be sworn in immediately following the election’s certification.

“The candidate elected to the office at the regularly scheduled election shall be deemed to also have been elected to fill the vacancy and shall be eligible to assume the office upon the official certification of the election by the State Election Board,” Oklahoma state law reads.

Hern attended orientation events with other senators-elect on Monday at the Capitol.

Author

staffr_reese_gorman_mug_500px.png Reese Gorman is a reporter at The Washington Sun.

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