1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1918 By: Fugate |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to elections; amending 26 O.S. 2021, |
| Section 1-102, 1-103, 1-104 and 3-101, which relates |
8| to primary elections and election dates; changing |
| election dates for certain political parties; |
9| requiring payment for elections by certain political |
| parties; prohibiting certain election dates for |
10| certain political parties; and providing an effective |
| date. |
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12| |
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13| |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 26 O.S. 2021, Section 1-102, is |
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16|amended to read as follows: |
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17| Section 1-102. A. A Except as provided in subsection B of this |
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18|section, a Primary Election shall be held on the last Tuesday in |
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19|June of each even-numbered year, at which time each political party |
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20|recognized by the laws of Oklahoma shall nominate its candidates for |
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21|the offices to be filled at the next succeeding General Election, |
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22|unless otherwise provided by law. No candidate's name shall be |
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23|printed upon the General Election ballot unless such candidate shall |
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24|have been nominated as herein provided, unless otherwise provided by |
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1|law; provided further that this provision shall not exclude the |
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2|right of a nonpartisan candidate to have his or her name printed |
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3|upon the General Election ballots. No county, municipality or |
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4|school district shall schedule an election on any date during the |
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5|twenty (20) days immediately preceding the date of any such primary |
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6|election. |
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7| B. A political party that has chosen to close its primary and |
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8|does not open its primary to all registered voters shall hold its |
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9|Primary Election on the last Saturday in June of each even-numbered |
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10|year. |
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11| SECTION 2. AMENDATORY 26 O.S. 2021, Section 1-103, is |
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12|amended to read as follows: |
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13| Section 1-103. A. If Except as provided by subsection B of |
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14|this section, if at any Primary Election no candidate for the |
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15|nomination for office of any political party receives a majority of |
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16|all votes cast for all candidates of such party for the office, no |
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17|candidate shall be nominated by such party for the office, but the |
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18|two candidates receiving the highest number of votes at such |
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19|election shall be placed on the official ballot as candidates for |
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20|such nomination at a Runoff Primary Election to be held on the |
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21|fourth Tuesday of August in the same year. No county, municipality |
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22|or school district shall schedule an election on any date during the |
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23|twenty (20) days immediately preceding the date of any such Runoff |
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24|Primary Election. |
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1| B. A political party that has chosen to close its primary and |
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2|does not open its primary to all registered voters shall hold its |
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3|Runoff Primary Election on the last Saturday in August of the same |
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4|year. |
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5| SECTION 3. AMENDATORY 26 O.S. 2021, Section 1-104, is |
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6|amended to read as follows: |
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7| Section 1-104. A. No registered voter shall be permitted to |
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8|vote in any Primary Election or Runoff Primary Election of any |
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9|political party except the political party of which his or her |
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10|registration form shows him to be a member, except as otherwise |
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11|provided by this section. |
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12| B. 1. A recognized political party may permit registered |
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13|voters designated as Independents pursuant to the provisions of |
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14|Section 4-112 of this title to vote in a Primary Election or Runoff |
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15|Primary Election of the party. Any political party that has chosen |
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16|to close its primary and does not open its primary to all registered |
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17|voters shall reimburse the State Election Board and county election |
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18|boards for the costs associated with any election. |
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19| 2. The state chairman chairperson of the party shall, between |
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20|November 1 and 30 of every odd-numbered year, notify the Secretary |
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21|of the State Election Board as to whether or not the party intends |
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22|to permit registered voters designated as Independents to vote in a |
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23|Primary Election or Runoff Primary Election of the party. If the |
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24|state chairman chairperson notifies the Secretary of the State |
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1|Election Board of the party's intention to so permit, registered |
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2|voters designated as Independents shall be permitted to vote in any |
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3|Primary Election or Runoff Primary Election of the party held in the |
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4|following two (2) calendar years. If the state chairman chairperson |
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5|of one party notifies the Secretary of the State Election Board of |
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6|the party's intent to so permit, the notification period specified |
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7|in this paragraph shall be extended to December 15 for the state |
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8|chairman chairperson of any other party to so notify or to change |
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9|prior notification. A registered voter designated as Independent |
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10|shall not be permitted to vote in a Primary Election or Runoff |
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11|Primary Election of more than one party. |
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12| 3. Failure to so notify the Secretary of the State Election |
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13|Board shall serve to prohibit allow all registered voters designated |
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14|as Independents from voting to vote in a Primary Election or Runoff |
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15|Primary Election of the party. |
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16| 4. A group of persons seeking to form a recognized political |
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17|party pursuant to the provisions of Section 1-108 of this title |
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18|shall, upon filing of the petitions seeking recognition of the |
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19|political party with the Secretary of the State Election Board, |
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20|notify the Secretary of the State Election Board as to whether or |
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21|not the party intends to permit registered voters designated as |
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22|Independents to vote in a Primary Election or Runoff Primary |
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23|Election of the party. If the party is recognized and the group of |
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24|persons seeking recognition of the party notifies the Secretary of |
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1|the State Election Board of such intention, registered voters |
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2|designated as Independents shall be permitted to vote in any Primary |
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3|Election or Runoff Primary Election of the party held prior to |
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4|January 1 of the following even-numbered year. |
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5| SECTION 4. AMENDATORY 26 O.S. 2021, Section 3-101, is |
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6|amended to read as follows: |
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7| Section 3-101. A. No Except as provided in subsection G of |
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8|this section, no election required to be conducted by any county |
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9|election board shall be scheduled for a day other than Tuesday. |
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10| B. Except as otherwise provided by law, no regular or special |
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11|election to fill an elective office shall be held by any county, |
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12|school district, technology center school district, municipality, |
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13|fire protection district or other political subdivision authorized |
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14|to call elections except as follows: |
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15| 1. The second Tuesday of February in any year; |
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16| 2. The first Tuesday of April in any year; |
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17| 3. The date of any regularly scheduled statewide state or |
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18|federal election in an even-numbered year; |
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19| 4. The second Tuesday of September in an odd-numbered year; |
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20| 5. The second Tuesday of November in an odd-numbered year; and |
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21| 6. The second Tuesday of June of an odd-numbered year for a |
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22|special election to fill a vacancy. |
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23| C. Except as otherwise provided by law or by Section 1 of this |
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24|act, no election for any purpose other than to fill an elective |
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1|office shall be held by any county, school district, technology |
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2|center school district, municipality, fire protection district or |
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3|other political subdivision authorized to call elections except on: |
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4| 1. The second Tuesday of January, February, May, June, July, |
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5|August, September, October and November and the first Tuesday in |
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6|March and April in odd-numbered years; provided, a municipality with |
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7|a population in excess of two hundred fifty thousand (250,000) |
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8|persons, according to the most recent federal decennial census, may |
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9|also hold an election on the second Tuesday of December in |
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10|odd-numbered years; and |
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11| 2. The second Tuesday of January and February, the first |
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12|Tuesday in March and April, the last Tuesday in June, the fourth |
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13|Tuesday in August, and the first Tuesday after the first Monday in |
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14|November of any even-numbered year. |
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15| D. In the event that a regular or special election date occurs |
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16|on an official state holiday, the election shall be scheduled for |
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17|the next following Tuesday. In the event that any day of a |
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18|candidate filing period occurs on a Saturday, Sunday or any official |
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19|state holiday, that day of the filing period shall be scheduled for |
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20|the next business day. |
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21| E. Notwithstanding any other provision of law or any provision |
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22|of a municipal charter, any municipality, school district, |
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23|technology center district, county, rural fire protection district, |
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24|or any other entity seeking to hold a regular or special election to |
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1|be conducted by a county election board on the same date as a |
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2|regular or special federal or state election, shall file the |
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3|resolution calling for the election with the county election board |
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4|secretary no later than seventy-five (75) days prior to the election |
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5|date. A candidate filing period of three (3) days, if so required |
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6|by the resolution, shall begin no later than ten (10) days following |
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7|the deadline to file the resolution with the secretary of the county |
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8|election board; provided, the filing period for such municipal |
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9|office may be scheduled on the same dates as the filing period for |
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10|state or federal office to be filled at such election. |
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11| F. Any school district, technology center district, |
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12|municipality, including any municipality governed by charter, rural |
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13|fire protection district or any other entity seeking to hold a |
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14|special election for the purpose of filling a vacancy shall schedule |
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15|a candidate filing period of three (3) days to begin not more than |
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16|twenty (20) days following the date the resolution calling the |
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17|election is required to be filed with the secretary of the county |
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18|election board. |
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19| G. A political party that has chosen to close its primary and |
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20|does not open its primary to all registered voters shall not hold |
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21|elections on any of the dates provided for in this section. |
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22| SECTION 5. This act shall become effective November 1, 2023. |
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23| |
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24| 59-1-6763 LRB 01/17/23 |
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