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. 2685 By: Hays |
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8| COMMITTEE SUBSTITUTE |
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9| An Act relating to elections; amending 26 O.S. 2021, |
| Section 3-101, which relates to election dates; |
10| modifying dates for certain elections; providing |
| exception; and providing an effective date. |
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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 3-101 is |
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16|amended to read as follows: |
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17| Section 3-101. A. No election required to be conducted by any |
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18|county election board shall be scheduled for a day other than |
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19|Tuesday. |
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20| B. Except as otherwise provided by law, no regular or special |
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21|election to fill an elective office for any purpose shall be held by |
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22|any county, school district, technology center school district, |
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23|municipality, fire protection district or other political |
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24|subdivision authorized to call elections except as follows: |
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1| 1. The second Tuesday of February in any year; |
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2| 2. The first Tuesday of April in any year; |
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3| 3. The date of any regularly scheduled statewide state or |
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4|federal election in an even-numbered year as provided in Sections |
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5|1-101, 1-102, 1-103, and 20-101 of this title; |
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6| 4. The second Tuesday of September August in an odd-numbered |
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7|year; |
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8| 5. The second first Tuesday after the first Monday of November |
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9|in an odd-numbered year; and |
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10| 6. The second Tuesday of June of an odd-numbered year for a |
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11|special election to fill a vacancy. |
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12| C. Except as otherwise provided by law or by Section 1 of this |
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13|act, no election for any purpose other than to fill an elective |
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14|office shall be held by any county, school district, technology |
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15|center school district, municipality, fire protection district or |
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16|other political subdivision authorized to call elections except on A |
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17|special election called by the Governor pursuant to law shall only |
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18|be set on the following dates: |
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19| 1. The second Tuesday of January, February, May, June, July, |
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20|August, September, and October and November and the first Tuesday in |
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21|March and April, and the first Tuesday after the first Monday in |
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22|November in odd-numbered years; provided, a municipality with a |
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23|population in excess of two hundred fifty thousand (250,000) |
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24|persons, according to the most recent federal decennial census, may |
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1|also hold an election on the second Tuesday of December in |
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2|odd-numbered years; andMarch and April, the last Tuesday in June, the fourth |
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5|Tuesday in August, and the first Tuesday after the first Monday in |
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6|November of any even-numbered year and the date of any regularly |
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7|scheduled state or federal election as provided in Sections 1-101, |
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8|1-102, 1-103, and 20-101 of this title. |
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9| D. In the event that a regular or special election date occurs |
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10|on an official state holiday, the election shall be scheduled for |
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11|the next following Tuesday. In the event that any day of a |
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12|candidate filing period occurs on a Saturday, Sunday or any official |
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13|state holiday, that day of the filing period shall be scheduled for |
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14|the next business day. |
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15| E. Notwithstanding any other provision of law or any provision |
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16|of a municipal charter, any municipality, school district, |
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17|technology center district, county, rural fire protection district, |
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18|or any other entity seeking to hold a regular or special election to |
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19|be conducted by a county election board on the same date as a |
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20|regular or special federal or state election, shall file the |
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21|resolution calling for the election with the county election board |
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22|secretary no later than seventy-five (75) days prior to the election |
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23|date. A candidate filing period of three (3) days, if so required |
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24|by the resolution, shall begin no later than ten (10) days following |
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1|the deadline to file the resolution with the secretary of the county |
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2|election board; provided, the filing period for such municipal |
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3|office may be scheduled on the same dates as the filing period for |
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4|state or federal office to be filled at such election. |
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5| F. Any school district, technology center district, |
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6|municipality, including any municipality governed by charter, rural |
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7|fire protection district or any other entity seeking to hold a |
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8|special election for the purpose of filling a vacancy shall schedule |
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9|a candidate filing period of three (3) days to begin not more than |
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10|twenty (20) ten (10) days following the date the resolution calling |
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11|the election is required to be filed with the secretary of the |
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12|county election board. |
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13| SECTION 2. This act shall become effective November 1, 2023. |
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15|COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated |
|03/01/2023 - DO PASS, As Amended. |
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