1| SENATE FLOOR VERSION | | February 21, 2023 | 2| | | | 3|SENATE BILL NO. 1085 By: Dahm | | | 4| | | | 5| | | | 6| An Act relating to school board elections; amending | | 70 O.S. 2021, Section 5-107A, which relates to | 7| election procedure of boards of education of school | | districts; modifying dates for reapportionment of | 8| certain districts; and providing an effective date. | | | 9| | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-107A, is | | | 13|amended to read as follows: | | | 14| Section 5-107A. The following provisions and the provisions of | | | 15|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall | | | 16|govern the election of members of the board of education for a | | | 17|school district: | | | 18| A. For purposes of this section, temporary positions added to a | | | 19|board of education pursuant to Section 7-101 or 7-105 of this title | | | 20|and the chair of the board of education elected pursuant to Section | | | 21|1 of this act shall not be considered in determining the size of the | | | 22|board. The number and term of each board of education shall be as | | | 23|follows: | | | 24| District Members Term (Years) | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 1 ___________________________________________________________________________
1| | | | 2| Elementary 3 3 | | | 3| Independent | | | 4| 1. Districts having a | | | 5| five-member board 5 5 | | | 6| 2. Districts having a | | | 7| seven-member board unless | | | 8| an election is conducted | | | 9| pursuant to subsection C of | | | 10| this section 7 4 | | | 11| B. In all school districts, the members of the board of | | | 12|education shall be elected as follows: | | | 13| 1. a. BetweenAugust 1April 8 andDecember 31August 31 of | | | 14| the year following the submission by the United States | | | 15| Department of Commerce to the President of the United | | | 16| States of the official Federal Decennial Census, the | | | 17| board of education shall reapportion the territory of | | | 18| the school district into board districts. Beginning | | | 19| with the reapportionment following the 1990 Federal | | | 20| Decennial Census, all boundaries of board districts | | | 21| shall follow clearly visible, definable and observable | | | 22| physical boundaries which are based upon criteria | | | 23| established and recognized by the Bureau of the Census | | | 24| of the United States Department of Commerce for | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 2 ___________________________________________________________________________
1| purposes of defining census blocks for its decennial | | | 2| census and shall follow, as much as is possible, | | | 3| precinct boundaries. Board districts shall be | | | 4| compact, contiguous and shall be as equal in | | | 5| population as practical with not more than a ten | | | 6| percent (10%) variance between the most populous and | | | 7| least populous board districts. | | | 8| b. School districts having fewer than one thousand eight | | | 9| hundred (1,800) students in average daily membership | | | 10| during the preceding school year may choose not to | | | 11| establish board districts and may nominate and elect | | | 12| all board members at large. | | | 13| c. Elementary school districts shall have board members | | | 14| elected at large. | | | 15| d. A city located in an independent school district | | | 16| having four or more wards and an outlying area with | | | 17| such outlying area comprising no more than twenty | | | 18| percent (20%) of the population of such independent | | | 19| school district, then such independent school district | | | 20| may adopt such wards and outlying area in lieu of the | | | 21| board districts provided for in subparagraph a of this | | | 22| paragraph, and at least one member of the board of | | | 23| education of such independent school district shall be | | | 24| a member of each ward; and | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 3 ___________________________________________________________________________
1| 2. One member of the board of education shall be elected by the | | | 2|electors of the school district to represent each such board | | | 3|district. Provided, however, that in any school district where the | | | 4|electors of each board district, rather than the electors of the | | | 5|entire school district, elect board members to represent that board | | | 6|district, that district shall elect board members in that manner. | | | 7| If during the term of office to which a person was elected, that | | | 8|member ceases to be a resident of the board district for which the | | | 9|person was elected, the office shall become vacant and such vacancy | | | 10|shall be filled as provided in Section 13A-110 of Title 26 of the | | | 11|Oklahoma Statutes; and | | | 12| 3. In a school district having more than ten thousand (10,000) | | | 13|children in average daily membership, the following provision and | | | 14|the provisions of Section 13A-101 et seq. of Title 26 of the | | | 15|Oklahoma Statutes shall control as to election of the members of the | | | 16|school district's board of education: | | | 17| a. There shall be held an election in which the electors | | | 18| of each board district in which a term is expiring or | | | 19| in which a vacancy exists shall select two candidates | | | 20| from among the candidates for board member to | | | 21| represent the board district, | | | 22| b. If, in the election, one candidate has a majority of | | | 23| all votes cast, then a run-off election is not | | | 24| required. If no candidate receives a majority of all | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 4 ___________________________________________________________________________
1| votes cast, then the two candidates receiving the | | | 2| greatest number of votes shall become the candidates | | | 3| for the board district in the general election, and | | | 4| c. At the run-off election, all of the electors of the | | | 5| board district shall select one of the two candidates | | | 6| as the member of the board of education representing | | | 7| the board district. | | | 8| C. Any seven-member board shall have the option of reducing its | | | 9|board to a five-member board either after approval of a board | | | 10|resolution or a vote of the electors of the school district to take | | | 11|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma | | | 12|Statutes. The election pursuant to a vote of the electors of the | | | 13|school district shall be called upon the submission of a petition | | | 14|requesting the election signed by ten percent (10%) of the school | | | 15|district electors in the school district, the percentage being | | | 16|applied to the highest number of voters voting in a regular school | | | 17|district election in the district in the preceding five (5) years as | | | 18|determined by the secretary of the county election board, who shall | | | 19|certify the adequacy of the number of signatures on the petition. | | | 20|If the question is put before the voters of the district, such | | | 21|election shall be held along with and at the same time and place as | | | 22|the next school election if all requirements of Section 13A-101 et | | | 23|seq. of Title 26 of the Oklahoma Statutes for such election are met. | | | 24| | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 5 ___________________________________________________________________________
1| After such resolution or election, the board shall reapportion | | | 2|the district, determining by resolution or by lot which board member | | | 3|offices shall be abolished at the end of the current board member's | | | 4|term and which shall become one of the offices of the new board. | | | 5| Election of the resulting board members shall be carried out | | | 6|according to procedures stated in this section and Section 13A-101 | | | 7|et seq. of Title 26 of the Oklahoma Statutes. | | | 8| School board members currently serving in offices abolished | | | 9|pursuant to this subsection shall continue serving until the end of | | | 10|their current terms as at-large members. | | | 11| D. Except for the chair of the board of education elected | | | 12|pursuant to Section 1 of this act, offices of members of the board | | | 13|of education shall be designated by consecutive numbers and shall | | | 14|correspond with board districts when applicable. | | | 15| E. Except for those members elected prior to July 1, 1992, the | | | 16|terms of office of the members of a five-member board of education | | | 17|shall commence on the first regular, special or emergency school | | | 18|board meeting after the date of the annual school election and after | | | 19|the member has been certified as elected: | | | 20| Office No. 1 1991 | | | 21| Office No. 2 1992 | | | 22| Office No. 3 1993 | | | 23| Office No. 4 1994 | | | 24| Office No. 5 1995 | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 6 ___________________________________________________________________________
1| The terms of office of the members of a seven-member board of | | | 2|education shall be staggered, with one member being elected in 1991, | | | 3|two members being elected in 1992, two members being elected in 1993 | | | 4|and two members being elected in 1994 and shall commence on the | | | 5|first regular, special or emergency school board meeting after the | | | 6|date of the annual school election and after the member has been | | | 7|certified as elected; provided, in districts needing to elect two | | | 8|members in 1991 to maintain a full complement of board members, two | | | 9|members shall be elected in 1991, one for a full term and one for a | | | 10|one-year term, as determined by the local board. If a seven-member | | | 11|board is formed upon consolidation pursuant to Section 7-105 of this | | | 12|title, or upon annexation pursuant to Section 7-101 of this title, | | | 13|the formation agreement shall specify initial short terms as | | | 14|necessary to extend until the beginning of the regular terms for | | | 15|seven-member boards established herein. | | | 16| Upon reduction of a seven-member board pursuant to subsection C | | | 17|of this section, the terms of the five-member board shall be | | | 18|staggered pursuant to this subsection. | | | 19| One member of a three-member board of education shall be elected | | | 20|each year, and the terms of office shall commence on the first | | | 21|regular, special or emergency school board meeting after the member | | | 22|has been certified as elected. | | | 23| F. The term of office of each board member elected after July | | | 24|1, 1992, shall commence on the first regular, special or emergency | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 7 ___________________________________________________________________________
1|school board meeting after the date of the annual school election | | | 2|and after the member has been certified as elected. Board members | | | 3|elected prior to July 1, 1992, may remain in office until their | | | 4|successor is elected and seated pursuant to Sections 13A-101 through | | | 5|13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of | | | 6|any member who completes the term for which the member was elected | | | 7|but not wishing to serve until the successor of the member takes | | | 8|office on the first regular, special or emergency school board | | | 9|meeting after the successor has been certified as elected, shall be | | | 10|filled by appointment by the remaining members of the board of | | | 11|education. | | | 12| SECTION 2. This act shall become effective November 1, 2023. | | | 13|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY | |February 21, 2023 - DO PASS | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid13312922 SENATE FLOOR VERSION - SB1085 SFLR Page 8