1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
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5|HOUSE BILL NO. 1823 By: Conley of the House |
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6| and |
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7| Jett of the Senate |
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8| |
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9| COMMITTEE SUBSTITUTE |
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10| An Act relating to elections; amending 11 O.S. 2021, |
| Sections 16-103, 16-107, 16-109, 16-110, and 16-213, |
11| which relate to municipal elections; modifying |
| election dates; modifying terms of office; 26 O.S. |
12| 2021, Sections 1-101, 1-102, 3-101, 13A-103, 13A-105, |
| and 13-101.1, which relate to the election code; |
13| authorizing certain election dates as determined by |
| the legislature; modifying election dates; 70 O.S. |
14| 2021, Section 5-107A, 5-110.1, which relate to school |
| districts and board of education; modifying terms of |
15| office; removing obsolete language; modifying |
| continuing education requirements; and providing an |
16| effective date. |
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17| |
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18| |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. AMENDATORY 11 O.S. 2021, Section 16-103, is |
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21|amended to read as follows: |
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22| Section 16-103. General municipal elections shall be held in |
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23|cities and towns on the first Tuesday after the first Monday in |
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24|April November in each odd-numbered year. |
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1| SECTION 2. AMENDATORY 11 O.S. 2021, Section 16-107, is |
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2|amended to read as follows: |
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3| Section 16-107. A primary election shall be held in cities and |
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4|towns on the second Tuesday of February June in each odd-numbered |
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5|year, at which time the several political parties shall nominate |
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6|candidates for offices which are to be elected at the upcoming |
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7|general municipal election. |
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8| SECTION 3. AMENDATORY 11 O.S. 2021, Section 16-109, is |
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9|amended to read as follows: |
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10| Section 16-109. To be eligible to become a candidate for a |
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11|political party nomination in a municipality's partisan primary |
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12|election, or an independent candidate in such municipality's general |
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13|election, a person must for at least six (6) months prior to filing |
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14|a declaration of candidacy be a registered voter at an address |
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15|within the municipality or in the ward if an office is from a ward. |
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16|To become a candidate, a declaration of candidacy must be filed with |
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17|the county election board no earlier than 8:00 a.m. on the first |
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18|Monday in December April and no later than 5:00 p.m. on the next |
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19|succeeding Wednesday, in odd-numbered years. |
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20| SECTION 4. AMENDATORY 11 O.S. 2021, Section 16-110, is |
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21|amended to read as follows: |
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22| Section 16-110. A candidate may have his or her name printed |
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23|upon the nonpartisan general municipal election ballot as candidate |
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24|for any office to be filled at the election. To become a candidate, |
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arsid16545933 HB1823 HFLR Page 2
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1|a declaration of candidacy must be filed with the county election |
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2|board no earlier than 8:00 a.m. on the first Monday in February |
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3|April and no later than 5:00 p.m. on the next succeeding Wednesday, |
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4|in odd-numbered years. A candidate must also be a registered voter |
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5|at an address within the municipality, or of the ward where the |
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6|office is from a ward for at least six (6) months prior to filing a |
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7|declaration of candidacy. Filing as a candidate in a nonpartisan |
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8|municipal election or voting for such candidate shall not affect |
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9|one's party affiliation or regularity. |
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10| SECTION 5. AMENDATORY 26 O.S. 2021, Section 1-101, is |
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11|amended to read as follows: |
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12| Section 1-101. A. On the first Tuesday succeeding the first |
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13|Monday of November, 1976, and every four (4) years thereafter, a |
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14|General Election shall be held, at which time electors for President |
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15|and Vice President shall be elected. On said date, and every two |
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16|(2) years thereafter, United States Senators and United States |
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17|Representatives, whose terms expire before the next succeeding |
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18|General Election, and state, district and county officers, whose |
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19|terms expire before the next succeeding General Election, shall be |
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20|elected. No county, municipality or school district shall schedule |
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21|an election on any date during the twenty (20) days immediately |
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22|preceding the date of any such General Election. |
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23| |
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24| |
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1| B. On the first Tuesday after the first Monday in November of |
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2|every odd-numbered year, and every two (2) years thereafter, a |
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3|General Election may be held as determined by the Legislature. |
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4| SECTION 6. AMENDATORY 26 O.S. 2021, Section 1-102, is |
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5|amended to read as follows: |
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6| Section 1-102. A. A Primary Election shall be held on the last |
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7|Tuesday in June of each even-numbered year, at which time each |
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8|political party recognized by the laws of Oklahoma shall nominate |
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9|its candidates for the offices to be filled at the next succeeding |
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10|General Election, unless otherwise provided by law. No candidate's |
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11|name shall be printed upon the General Election ballot unless such |
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12|candidate shall have been nominated as herein provided, unless |
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13|otherwise provided by law; provided further that this provision |
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14|shall not exclude the right of a nonpartisan candidate to have his |
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15|or her name printed upon the General Election ballots. No county, |
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16|municipality or school district shall schedule an election on any |
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17|date during the twenty (20) days immediately preceding the date of |
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18|any such primary election. |
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19| B. On the second Tuesday of June of every odd-numbered year, |
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20|and every two (2) years thereafter, a Primary Election may be held |
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21|as determined by the Legislature. |
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22| SECTION 7. AMENDATORY 26 O.S. 2021, Section 3-101, is |
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23|amended to read as follows: |
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24| |
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1| Section 3-101. A. No election required to be conducted by any |
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2|county election board shall be scheduled for a day other than |
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3|Tuesday. |
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4| B. Except as otherwise provided by law, no regular or special |
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5|election to fill an elective office shall be held by any county, |
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6|school district, technology center school district, municipality, |
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7|fire protection district or other political subdivision authorized |
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8|to call elections except as follows: |
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9| 1. The second Tuesday of February in any year; |
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10| 2. The first Tuesday of April in any year; |
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11| 3. The date of any regularly scheduled statewide state or |
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12|federal election in an even-numbered year; |
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13| 4. The second Tuesday of September in an odd-numbered year; |
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14| 5. The second first Tuesday after the first Monday of November |
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15|in an odd-numbered year; and |
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16| 6. The second Tuesday of June of an odd-numbered year for a |
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17|special election to fill a vacancy. |
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18| C. Except as otherwise provided by law or by Section 1 of this |
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19|act Enrolled Senate Bill No. 347 of the 1st Session of the 58th |
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20|Oklahoma Legislature, no election for any purpose other than to fill |
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21|an elective office shall be held by any county, school district, |
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22|technology center school district, municipality, fire protection |
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23|district or other political subdivision authorized to call elections |
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24|except on: |
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1| 1. The second Tuesday of January, February, May, June, July, |
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2|August, September, October and the first Tuesday after the first |
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3|Monday in November and the first Tuesday in March and April in |
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4|odd-numbered years; provided, a municipality with a population in |
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5|excess of two hundred fifty thousand (250,000) persons, according to |
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6|the most recent federal decennial census, may also hold an election |
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7|on the second Tuesday of December in odd-numbered years; and |
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8| 2. The second Tuesday of January and February, the first |
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9|Tuesday in March and April, the last Tuesday in June, the fourth |
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10|Tuesday in August, and the first Tuesday after the first Monday in |
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11|November of any even-numbered year. |
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12| D. In the event that a regular or special election date occurs |
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13|on an official state holiday, the election shall be scheduled for |
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14|the next following Tuesday. In the event that any day of a |
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15|candidate filing period occurs on a Saturday, Sunday or any official |
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16|state holiday, that day of the filing period shall be scheduled for |
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17|the next business day. |
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18| E. Notwithstanding any other provision of law or any provision |
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19|of a municipal charter, any municipality, school district, |
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20|technology center district, county, rural fire protection district, |
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21|or any other entity seeking to hold a regular or special election to |
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22|be conducted by a county election board on the same date as a |
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23|regular or special federal or state election, shall file the |
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24|resolution calling for the election with the county election board |
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1|secretary no later than seventy-five (75) days prior to the election |
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2|date. A candidate filing period of three (3) days, if so required |
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3|by the resolution, shall begin no later than ten (10) days following |
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4|the deadline to file the resolution with the secretary of the county |
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5|election board; provided, the filing period for such municipal |
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6|office may be scheduled on the same dates as the filing period for |
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7|state or federal office to be filled at such election. |
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8| F. Any school district, technology center district, |
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9|municipality, including any municipality governed by charter, rural |
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10|fire protection district or any other entity seeking to hold a |
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11|special election for the purpose of filling a vacancy shall schedule |
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12|a candidate filing period of three (3) days to begin not more than |
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13|twenty (20) days following the date the resolution calling the |
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14|election is required to be filed with the secretary of the county |
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15|election board. |
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16| SECTION 8. AMENDATORY 26 O.S. 2021, Section 13A-103, is |
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17|amended to read as follows: |
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18| Section 13A-103. A. 1. The general election of members of the |
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19|board of education of every school district and technology center |
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20|school district shall be conducted on the first Tuesday of April |
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21|after the first Monday in November of each odd-numbered year, and |
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22|every two (2) years thereafter. |
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23| 2. The primary election of members of the board of education of |
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24|every school district and technology center school district, if |
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1|necessary, shall be conducted on the second Tuesday in February June |
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2|of each odd-numbered year, except in any year when a Presidential |
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3|Preferential Primary is held in February, then the election shall be |
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4|held on the same day as the Presidential Preferential Primary. |
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5| 3. If only two candidates qualify to have their names appear on |
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6|the ballot, the names of both candidates shall appear on the ballot |
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7|at the board of education general election. |
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8| 4. If more than two candidates qualify to have their names |
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9|appear on the ballot, the names of all such candidates shall appear |
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10|on the ballot at the board of education primary election. A |
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11|candidate receiving more than fifty percent (50%) of the votes cast |
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12|in the board of education primary election shall be elected to the |
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13|office. If no candidate receives more than fifty percent (50%) of |
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14|the votes cast in the board of education primary election, then the |
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15|two candidates with the highest number of votes shall appear on the |
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16|ballot at the board of education general election. |
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17| B. Elections on the question of making a levy or levies for |
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18|schools under Section 9, Section 9B or Section 10 of Article X of |
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19|the Oklahoma Constitution shall be held on the second Tuesday in |
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20|February of each year, except in any year when a Presidential |
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21|Preferential Primary is held in February, then the election shall be |
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22|held on the same day as the Presidential Preferential Primary. |
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23| |
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24| |
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1| C. The board of education of every school district or |
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2|technology center school district may call a special election for |
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3|the purpose of voting on any matter or question authorized by law. |
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4| SECTION 9. AMENDATORY 26 O.S. 2021, Section 13A-105, is |
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5|amended to read as follows: |
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6| Section 13A-105. Candidates for member of the board of |
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7|education of every school district or technology center school |
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8|district shall file declarations of candidacy in the same place and |
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9|with the same officials as candidates for county office. The |
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10|declaration of candidacy to be signed by the candidate shall have an |
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11|attachment to be signed by the candidate listing the requirements of |
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12|a candidate for election or reelection to a school board as set |
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13|forth in Sections 13A-106 and 5-105a of this title and Sections |
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14|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and |
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15|the candidate shall swear or affirm that he or she is eligible to |
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16|run for the office or serve in the office if elected. Candidates |
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17|shall file on the first Monday in December April through the |
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18|following Wednesday, in odd-numbered years. For school districts |
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19|and technology center school districts located in more than one |
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20|county, filing may be either in the county wherein supervision of |
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21|the district is located or in the county where the candidate |
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22|resides. |
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23| SECTION 10. AMENDATORY 26 O.S. 2021, Section 13-101.1, |
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24|is amended to read as follows: |
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1| Section 13-101.1 No county election board shall be required to |
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2|conduct elections for any municipality on a date other than an |
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3|election date identified in subsection B of Section 3-101 of this |
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4|title. Municipalities that hold both primary and general elections, |
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5|in addition to scheduling elections on dates identified in Section |
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6|Sections 1-101, 1-102, 3-101, 13A-103, and 13-101.1 of this title, |
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7|shall provide no fewer than thirty-five (35) days between the |
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8|primary and general elections. |
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9| SECTION 11. AMENDATORY 70 O.S. 2021, Section 5-107A, is |
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10|amended to read as follows: |
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11| Section 5-107A. The following provisions and the provisions of |
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12|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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13|govern the election of members of the board of education for a |
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14|school district: |
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15| A. For purposes of this section, temporary positions added to a |
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16|board of education pursuant to Section 7-101 or 7-105 of this title |
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17|and the chair of the board of education elected pursuant to Section |
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18|1 5-107B of this act title shall not be considered in determining |
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19|the size of the board. The number and term of each board of |
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20|education shall be as follows: |
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21| District Members Term (Years) |
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22| |
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23| Elementary 3 3 4 |
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24| Independent |
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1| 1. Districts having a |
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2| five-member board 5 5 4 |
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3| |
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4| 2. Districts having a |
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5| seven-member board unless |
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6| an election is conducted |
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7| pursuant to subsection C of |
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8| this section 7 4 |
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9| B. In all school districts, the members of the board of |
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10|education shall be elected as follows: |
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11| 1. a. Between August 1 and December 31 of the year following |
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12| the submission by the United States Department of |
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13| Commerce to the President of the United States of the |
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14| official Federal Decennial Census, the board of |
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15| education shall reapportion the territory of the |
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16| school district into board districts. Beginning with |
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17| the reapportionment following the 1990 Federal |
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18| Decennial Census, all boundaries of board districts |
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19| shall follow clearly visible, definable and observable |
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20| physical boundaries which are based upon criteria |
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21| established and recognized by the Bureau of the Census |
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22| of the United States Department of Commerce for |
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23| purposes of defining census blocks for its decennial |
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24| census and shall follow, as much as is possible, |
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1| precinct boundaries. Board districts shall be |
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2| compact, contiguous and shall be as equal in |
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3| population as practical with not more than a ten |
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4| percent (10%) variance between the most populous and |
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5| least populous board districts. |
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6| b. School districts having fewer than one thousand eight |
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7| hundred (1,800) students in average daily membership |
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8| during the preceding school year may choose not to |
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9| establish board districts and may nominate and elect |
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10| all board members at large. |
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11| c. Elementary school districts shall have board members |
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12| elected at large. |
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13| d. A city located in an independent school district |
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14| having four or more wards and an outlying area with |
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15| such outlying area comprising no more than twenty |
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16| percent (20%) of the population of such independent |
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17| school district, then such independent school district |
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18| may adopt such wards and outlying area in lieu of the |
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19| board districts provided for in subparagraph a of this |
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20| paragraph, and at least one member of the board of |
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21| education of such independent school district shall be |
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22| a member of each ward; and |
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23| 2. One member of the board of education shall be elected by the |
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24|electors of the school district to represent each such board |
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1|district. Provided, however, that in any school district where the |
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2|electors of each board district, rather than the electors of the |
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3|entire school district, elect board members to represent that board |
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4|district, that district shall elect board members in that manner. |
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5| If during the term of office to which a person was elected, that |
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6|member ceases to be a resident of the board district for which the |
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7|person was elected, the office shall become vacant and such vacancy |
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8|shall be filled as provided in Section 13A-110 of Title 26 of the |
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9|Oklahoma Statutes; and |
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10| 3. In a school district having more than ten thousand (10,000) |
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11|children in average daily membership, the following provision and |
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12|the provisions of Section 13A-101 et seq. of Title 26 of the |
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13|Oklahoma Statutes shall control as to election of the members of the |
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14|school district's board of education: |
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15| a. There shall be held an election in which the electors |
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16| of each board district in which a term is expiring or |
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17| in which a vacancy exists shall select two candidates |
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18| from among the candidates for board member to |
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19| represent the board district, |
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20| b. If, in the election, one candidate has a majority of |
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21| all votes cast, then a run-off election is not |
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22| required. If no candidate receives a majority of all |
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23| votes cast, then the two candidates receiving the |
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24| |
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1| greatest number of votes shall become the candidates |
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2| for the board district in the general election, and |
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3| c. At the run-off election, all of the electors of the |
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4| board district shall select one of the two candidates |
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5| as the member of the board of education representing |
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6| the board district. |
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7| C. Any seven-member board shall have the option of reducing its |
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8|board to a five-member board either after approval of a board |
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9|resolution or a vote of the electors of the school district to take |
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10|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma |
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11|Statutes. The election pursuant to a vote of the electors of the |
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12|school district shall be called upon the submission of a petition |
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13|requesting the election signed by ten percent (10%) of the school |
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14|district electors in the school district, the percentage being |
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15|applied to the highest number of voters voting in a regular school |
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16|district election in the district in the preceding five (5) years as |
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17|determined by the secretary of the county election board, who shall |
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18|certify the adequacy of the number of signatures on the petition. |
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19|If the question is put before the voters of the district, such |
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20|election shall be held along with and at the same time and place as |
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21|the next school election if all requirements of Section 13A-101 et |
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22|seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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23| After such resolution or election, the board shall reapportion |
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24|the district, determining by resolution or by lot which board member |
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1|offices shall be abolished at the end of the current board member's |
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2|term and which shall become one of the offices of the new board. |
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3| Election of the resulting board members shall be carried out |
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4|according to procedures stated in this section and Section 13A-101 |
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5|et seq. of Title 26 of the Oklahoma Statutes. |
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6| School board members currently serving in offices abolished |
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7|pursuant to this subsection shall continue serving until the end of |
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8|their current terms as at-large members. |
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9| D. Except for the chair of the board of education elected |
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10|pursuant to Section 1 of this act, offices of members of the board |
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11|of education shall be designated by consecutive numbers and shall |
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12|correspond with board districts when applicable. |
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13| E. Except for those members elected prior to July 1, 1992, the |
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14|1991 2025 |
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21| Office No. 2 1992 2025 |
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22| Office No. 3 1993 2027 |
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23| Office No. 4 1994 2027 |
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24| Office No. 5 1995 2029 |
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1| 2. The terms of office of the members of a seven-member board |
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2|of education shall be staggered, with one member being elected in |
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3|1991 , two members being elected in 1992 two members being elected |
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4|in 1993 and two members being elected in 1994 and shall commence on |
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5|the first regular, special or emergency school board meeting after |
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6|the date of the annual school election and after the member has been |
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7|certified as elected; provided, in districts needing to elect two |
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8|members in 1991 to maintain a full complement of board members, two |
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9|members shall be elected in 1991, one for a full term and one for a |
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10|one-year term, as determined by the local board. as follows: |
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11| Office No. 1 2025 |
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12| Office No. 2 2025 |
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13| Office No. 3 2027 |
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14| Office No. 4 2027 |
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15| Office No. 5 2027 |
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16| Office No. 6 2029 |
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17| Office No. 7 2029 |
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18|If a seven-member board is formed upon consolidation pursuant to |
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19|Section 7-105 of this title, or upon annexation pursuant to Section |
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20|7-101 of this title, the formation agreement shall specify initial |
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21|short terms as necessary to extend until the beginning of the |
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22|regular terms for seven-member boards established herein. |
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23| |
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24| |
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1| Upon reduction of a seven-member board pursuant to subsection C |
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2|of this section, the terms of the five-member board shall be |
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3|staggered pursuant to this subsection. |
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4| One member of a three-member board of education shall be elected |
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5|each year, and the terms of office shall commence on the first |
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6|regular, special or emergency school board meeting after the member |
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7|has been certified as elected. |
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8| 1992 2024, shall commence on the first regular, special or |
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18|emergency school board meeting after the date of the annual school |
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19|election and after the member has been certified as elected. Board |
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20|members elected prior to July 1, 1992 2024, may remain in office |
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21|until their successor is elected and seated pursuant to Sections |
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22|13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The |
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23|remaining term of any member who completes the term for which the |
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24|member was elected but not wishing to serve until the successor of |
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1|the member takes office on the first regular, special or emergency |
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2|school board meeting after the successor has been certified as |
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3|elected, shall be filled by appointment by the remaining members of |
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4|the board of education. |
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5| SECTION 12. AMENDATORY 70 O.S. 2021, Section 5-110.1, is |
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6|amended to read as follows: |
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7| Section 5-110.1 A. In addition to the requirements of Section |
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8|5-110 of this title, every member of a school district board of |
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9|education elected to a full term of office of five (5) years or more |
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10|shall be required to attend a minimum of fifteen (15) hours of |
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11|continuing education, each member elected to a full four-year term |
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12|of office shall be required to attend a minimum of twelve (12) hours |
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13|of continuing education, and each member elected to a full |
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14|three-year term of office shall be required to attend a minimum of |
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15|nine (9) hours of continuing education, prior to the date set for |
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16|filing for reelection to that respective board seat. The continuing |
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17|education courses, workshops, seminars, conferences, and conventions |
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18|which shall satisfy the continuing education requirement shall be |
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19|approved jointly by the State Department of Education and the |
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20|Oklahoma Department of Career and Technology Education. |
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21| B. Local and state continuing education programs conducted |
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22|pursuant to the provisions of this section shall be held in all |
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23|regions of the state at institutions of higher learning, area |
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24|technology centers or other approved sites. Notice of such courses |
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1|and seminars shall be provided to all school board members and to |
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2|the public schools. |
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3| C. This section shall not apply to those school board members |
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4|who file for reelection prior to July 1, 1991. |
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5| D. If a school board member has not satisfied the continuing |
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6|education requirements of this section, the school district board of |
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7|education shall declare the seat of the member vacant within sixty |
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8|(60) days of the final date that the member has to complete the |
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9|requirements as indicated by receipt of the certified notice from |
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10|the State Board of Education as provided for pursuant to Section |
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11|5-110.2 of this title and shall fill the vacancy according to law. |
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12|As determined by the State Board of Education pursuant to Section |
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13|5-110.2 of this title, failure by a board member to satisfy the |
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14|continuing education requirements of this section shall result in |
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15|the ineligibility of the member to be reappointed to, run for |
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16|reelection to or to hold that respective board seat on the school |
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17|district board of education or to run for election to or to hold any |
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18|other board seat on the board of education for a two-year period. |
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19| E. D. The State Department of Education, the Oklahoma |
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20|Department of Career and Technology Education, and any organization |
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21|approved by the State Board of Education, including but not limited |
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22|to institutions of higher education, may charge persons attending |
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23|continuing education courses a registration fee sufficient to defray |
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24|the estimated costs of presenting the course. The registration fees |
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1|for each course shall be announced prior to the date of such course. |
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2| F. E. Any member of a school district board of education who |
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3|attends and completes a course which satisfies in part or in full |
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4|the requirements of this section shall be reimbursed by the school |
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5|district for expenses incurred. In addition, a school district |
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6|board of education may reimburse members of the board of education |
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7|for expenses incurred in registering and attending board member |
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8|training programs or activities approved by the board which are in |
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9|addition to the minimum school board training requirements |
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10|established by law. |
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11| SECTION 13. This act shall become effective November 1, 2024. |
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12| |
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13|COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated |
|03/01/2023 - DO PASS, As Amended and Coauthored. |
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