1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1085 By: Dahm |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school board elections; amending |
| 70 O.S. 2021, Section 5-107A, which relates to |
8| election procedure of boards of education of school |
| districts; modifying dates for reapportionment of |
9| certain districts; and providing an effective date. |
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10| |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-107A, is |
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14|amended to read as follows: |
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15| Section 5-107A. The following provisions and the provisions of |
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16|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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17|govern the election of members of the board of education for a |
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18|school district: |
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19| A. For purposes of this section, temporary positions added to a |
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20|board of education pursuant to Section 7-101 or 7-105 of this title |
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21|and the chair of the board of education elected pursuant to Section |
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22|1 of this act shall not be considered in determining the size of the |
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23|board. The number and term of each board of education shall be as |
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24|follows: |
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Req. No. 1178 Page 1
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1| District Members Term (Years) |
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2| |
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3| Elementary 3 3 |
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4| Independent |
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5| 1. Districts having a |
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6| five-member board 5 5 |
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7| 2. Districts having a |
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8| seven-member board unless |
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9| an election is conducted |
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10| pursuant to subsection C of |
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11| this section 7 4 |
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12| B. In all school districts, the members of the board of |
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13|education shall be elected as follows: |
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14| 1. a. Between August 1 April 8 and December 31 August 31 of |
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15| the year following the submission by the United States |
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16| Department of Commerce to the President of the United |
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17| States of the official Federal Decennial Census, the |
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18| board of education shall reapportion the territory of |
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19| the school district into board districts. Beginning |
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20| with the reapportionment following the 1990 Federal |
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21| Decennial Census, all boundaries of board districts |
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22| shall follow clearly visible, definable and observable |
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23| physical boundaries which are based upon criteria |
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24| established and recognized by the Bureau of the Census |
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Req. No. 1178 Page 2
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1| of the United States Department of Commerce for |
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2| purposes of defining census blocks for its decennial |
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3| census and shall follow, as much as is possible, |
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4| precinct boundaries. Board districts shall be |
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5| compact, contiguous and shall be as equal in |
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6| population as practical with not more than a ten |
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7| percent (10%) variance between the most populous and |
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8| least populous board districts. |
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9| b. School districts having fewer than one thousand eight |
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10| hundred (1,800) students in average daily membership |
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11| during the preceding school year may choose not to |
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12| establish board districts and may nominate and elect |
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13| all board members at large. |
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14| c. Elementary school districts shall have board members |
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15| elected at large. |
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16| d. A city located in an independent school district |
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17| having four or more wards and an outlying area with |
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18| such outlying area comprising no more than twenty |
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19| percent (20%) of the population of such independent |
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20| school district, then such independent school district |
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21| may adopt such wards and outlying area in lieu of the |
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22| board districts provided for in subparagraph a of this |
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23| paragraph, and at least one member of the board of |
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24| |
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Req. No. 1178 Page 3
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1| education of such independent school district shall be |
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2| a member of each ward; and |
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3| 2. One member of the board of education shall be elected by the |
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4|electors of the school district to represent each such board |
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5|district. Provided, however, that in any school district where the |
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6|electors of each board district, rather than the electors of the |
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7|entire school district, elect board members to represent that board |
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8|district, that district shall elect board members in that manner. |
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9| If during the term of office to which a person was elected, that |
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10|member ceases to be a resident of the board district for which the |
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11|person was elected, the office shall become vacant and such vacancy |
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12|shall be filled as provided in Section 13A-110 of Title 26 of the |
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13|Oklahoma Statutes; and |
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14| 3. In a school district having more than ten thousand (10,000) |
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15|children in average daily membership, the following provision and |
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16|the provisions of Section 13A-101 et seq. of Title 26 of the |
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17|Oklahoma Statutes shall control as to election of the members of the |
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18|school district's board of education: |
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19| a. There shall be held an election in which the electors |
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20| of each board district in which a term is expiring or |
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21| in which a vacancy exists shall select two candidates |
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22| from among the candidates for board member to |
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23| represent the board district, |
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24| |
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Req. No. 1178 Page 4
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1| b. If, in the election, one candidate has a majority of |
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2| all votes cast, then a run-off election is not |
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3| required. If no candidate receives a majority of all |
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4| votes cast, then the two candidates receiving the |
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5| greatest number of votes shall become the candidates |
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6| for the board district in the general election, and |
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7| c. At the run-off election, all of the electors of the |
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8| board district shall select one of the two candidates |
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9| as the member of the board of education representing |
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10| the board district. |
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11| C. Any seven-member board shall have the option of reducing its |
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12|board to a five-member board either after approval of a board |
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13|resolution or a vote of the electors of the school district to take |
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14|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma |
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15|Statutes. The election pursuant to a vote of the electors of the |
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16|school district shall be called upon the submission of a petition |
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17|requesting the election signed by ten percent (10%) of the school |
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18|district electors in the school district, the percentage being |
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19|applied to the highest number of voters voting in a regular school |
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20|district election in the district in the preceding five (5) years as |
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21|determined by the secretary of the county election board, who shall |
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22|certify the adequacy of the number of signatures on the petition. |
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23|If the question is put before the voters of the district, such |
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24|election shall be held along with and at the same time and place as |
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Req. No. 1178 Page 5
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1|the next school election if all requirements of Section 13A-101 et |
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2|seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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3| After such resolution or election, the board shall reapportion |
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4|the district, determining by resolution or by lot which board member |
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5|offices shall be abolished at the end of the current board member's |
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6|term and which shall become one of the offices of the new board. |
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7| Election of the resulting board members shall be carried out |
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8|according to procedures stated in this section and Section 13A-101 |
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9|et seq. of Title 26 of the Oklahoma Statutes. |
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10| School board members currently serving in offices abolished |
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11|pursuant to this subsection shall continue serving until the end of |
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12|their current terms as at-large members. |
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13| D. Except for the chair of the board of education elected |
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14|pursuant to Section 1 of this act, offices of members of the board |
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15|of education shall be designated by consecutive numbers and shall |
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16|correspond with board districts when applicable. |
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17| E. Except for those members elected prior to July 1, 1992, the |
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18|terms of office of the members of a five-member board of education |
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19|shall commence on the first regular, special or emergency school |
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20|board meeting after the date of the annual school election and after |
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21|the member has been certified as elected: |
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22| Office No. 1 1991 |
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23| Office No. 2 1992 |
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24| Office No. 3 1993 |
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Req. No. 1178 Page 6
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1| Office No. 4 1994 |
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2| Office No. 5 1995 |
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3| The terms of office of the members of a seven-member board of |
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4|education shall be staggered, with one member being elected in 1991, |
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5|two members being elected in 1992, two members being elected in 1993 |
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6|and two members being elected in 1994 and shall commence on the |
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7|first regular, special or emergency school board meeting after the |
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8|date of the annual school election and after the member has been |
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9|certified as elected; provided, in districts needing to elect two |
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10|members in 1991 to maintain a full complement of board members, two |
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11|members shall be elected in 1991, one for a full term and one for a |
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12|one-year term, as determined by the local board. If a seven-member |
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13|board is formed upon consolidation pursuant to Section 7-105 of this |
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14|title, or upon annexation pursuant to Section 7-101 of this title, |
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15|the formation agreement shall specify initial short terms as |
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16|necessary to extend until the beginning of the regular terms for |
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17|seven-member boards established herein. |
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18| Upon reduction of a seven-member board pursuant to subsection C |
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19|of this section, the terms of the five-member board shall be |
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20|staggered pursuant to this subsection. |
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21| One member of a three-member board of education shall be elected |
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22|each year, and the terms of office shall commence on the first |
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23|regular, special or emergency school board meeting after the member |
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24|has been certified as elected. |
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Req. No. 1178 Page 7
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1| F. The term of office of each board member elected after July |
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2|1, 1992, shall commence on the first regular, special or emergency |
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3|school board meeting after the date of the annual school election |
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4|and after the member has been certified as elected. Board members |
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5|elected prior to July 1, 1992, may remain in office until their |
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6|successor is elected and seated pursuant to Sections 13A-101 through |
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7|13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of |
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8|any member who completes the term for which the member was elected |
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9|but not wishing to serve until the successor of the member takes |
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10|office on the first regular, special or emergency school board |
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11|meeting after the successor has been certified as elected, shall be |
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12|filled by appointment by the remaining members of the board of |
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13|education. |
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14| SECTION 2. This act shall become effective November 1, 2023. |
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16| 59-1-1178 TEK 1/19/2023 4:30:34 PM |
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Req. No. 1178 Page 8