1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2201 By: West (Kevin) |
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6| AS INTRODUCED |
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7| An Act relating to elections; amending 26 O.S. 2021, |
| Section 3-101, which relates to election dates; |
8| modifying dates for certain elections; providing |
| exception; and providing an effective date. |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. AMENDATORY 26 O.S. 2021, Section 3-101 is |
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13|amended to read as follows: |
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14| A. No election required to be conducted by any county election |
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15|board shall be scheduled for a day other than Tuesday. |
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16| B. Except as otherwise provided by law, no regular or special |
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17|election to fill an elective office for any purpose shall be held by |
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18|any county, school district, technology center school district, |
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19|municipality, fire protection district or other political |
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20|subdivision authorized to call elections except as follows: |
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21| 1. The second Tuesday of February in any year; |
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22| 2. The first Tuesday of April in any year; |
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23| 3. The date of any regularly scheduled statewide state or |
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24|federal election in an even-numbered year; |
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1| 4. The second Tuesday of September in an odd-numbered year; |
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2| 5. The second Tuesday of November in an odd-numbered year; and |
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3| 6. The second Tuesday of June of an odd-numbered year for a |
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4|special election to fill a vacancy. |
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5| C. Except as otherwise provided by law or by Section 1 of this |
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6|act, no election for any purpose other than to fill an elective |
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7|office shall be held by any county, school district, technology |
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8|center school district, municipality, fire protection district or |
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9|other political subdivision authorized to call elections except on: |
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10|The provisions of subsection B of this section shall also apply to a |
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11|special election called by the Governor pursuant to law; provided, |
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12|the Governor shall only set the date for a special election on:provided, a municipality with |
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16|a population in excess of two hundred fifty thousand (250,000) |
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17|persons, according to the most recent federal decennial census, may |
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18|also hold an election on the second Tuesday of December in |
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19|odd-numbered years; and |
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1| D. In the event that a regular or special election date occurs |
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2|on an official state holiday, the election shall be scheduled for |
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3|the next following Tuesday. In the event that any day of a |
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4|candidate filing period occurs on a Saturday, Sunday or any official |
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5|state holiday, that day of the filing period shall be scheduled for |
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6|the next business day. |
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7| E. Notwithstanding any other provision of law or any provision |
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8|of a municipal charter, any municipality, school district, |
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9|technology center district, county, rural fire protection district, |
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10|or any other entity seeking to hold a regular or special election to |
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11|be conducted by a county election board on the same date as a |
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12|regular or special federal or state election, shall file the |
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13|resolution calling for the election with the county election board |
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14|secretary no later than seventy-five (75) days prior to the election |
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15|date. A candidate filing period of three (3) days, if so required |
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16|by the resolution, shall begin no later than ten (10) days following |
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17|the deadline to file the resolution with the secretary of the county |
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18|election board; provided, the filing period for such municipal |
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19|office may be scheduled on the same dates as the filing period for |
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20|state or federal office to be filled at such election. |
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21| F. Any school district, technology center district, |
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22|municipality, including any municipality governed by charter, rural |
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23|fire protection district or any other entity seeking to hold a |
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24|special election for the purpose of filling a vacancy shall schedule |
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1|a candidate filing period of three (3) days to begin not more than |
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2|twenty (20) days following the date the resolution calling the |
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3|election is required to be filed with the secretary of the county |
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4|election board. |
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5| SECTION 2. This act shall become effective November 1, 2023. |
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7| 59-1-5459 LRB 12/06/22 |
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Req. No. 5459 Page 4
