1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 166 By: Prieto |
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5| AS INTRODUCED |
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6| An Act relating to boards of education; amending 26 |
| O.S. 2021, Section 13A-105, which relates to filing |
7| declarations of candidacy; clarifying filing dates |
| for candidates in a regular election; providing for |
8| candidate filing in a special election; amending 26 |
| O.S. 2021, Section 13A-110, which relates to board of |
9| education vacancies; directing vacancies to be filled |
| by election; removing language providing for |
10| vacancies to be filled by appointment; providing |
| special election process to fill vacancy; removing |
11| language regarding appointment of members; modifying |
| certain appointment authority; removing language |
12| requiring a special election if vacancy is not filled |
| within certain time period; providing an effective |
13| date; and declaring an emergency. |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A-105, is |
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18|amended to read as follows: |
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19| Section 13A-105. Candidates for member of the board of |
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20|education of every school district or technology center school |
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21|district shall file declarations of candidacy in the same place and |
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22|with the same officials as candidates for county office. The |
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23|declaration of candidacy to be signed by the candidate shall have an |
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24|attachment to be signed by the candidate listing the requirements of |
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1|a candidate for election or reelection to a school board as set |
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2|forth in Sections 13A-106 and 5-105a of this title and Sections |
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3|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and |
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4|the candidate shall swear or affirm that he or she is eligible to |
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5|run for the office or serve in the office if elected. Candidates |
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6|for a school board office to be filled in the regular election as |
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7|provided in subsection A of Section 13A-103 of this title shall file |
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8|on the first Monday in December through the following Wednesday. |
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9|Candidates for a school board office to be filled in a special |
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10|election shall file on a Monday through the following Wednesday that |
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11|is at least ten (10) days after the seat has been declared vacant. |
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12|For school districts and technology center school districts located |
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13|in more than one county, filing may be either in the county wherein |
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14|supervision of the district is located or in the county where the |
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15|candidate resides. |
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16| SECTION 2. AMENDATORY 26 O.S. 2021, Section 13A-110, is |
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17|amended to read as follows: |
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18| Section 13A-110. A. Except as provided for in subsection F of |
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19|this section, vacancies Vacancies for members of the board of |
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20|education of every school district or technology center school |
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21|district shall be filled by appointment by the board election for |
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22|the balance of the unexpired term. |
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23| B. Except as provided for in subsection D of this section, |
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24|persons appointed to fill such vacancies in the first half of the |
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1|term of office for the board position shall serve only until the |
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2|next succeeding election, at which time the office which they hold |
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3|shall be placed on the ballot for the balance of the unexpired term. |
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4| Vacancies filled by appointment following the delivery of the |
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5|resolution calling for regular elections to the secretary of the |
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6|county election board shall be filled until the regular elections |
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7|the following year. upon notification of a vacancy, the board of |
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8|education shall make a vacancy declaration at its next regularly |
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9|scheduled meeting, set the filing dates for declarations of |
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10|candidacy, and adopt the resolution calling for a special election |
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11|as provided for in Section 13A-109 of this title. If the vacancy is |
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12|declared within the first fourteen (14) days of November, the board |
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13|of education shall use the regular election process provided for in |
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14|subsection A of Section 13A-103 of this title to fill the office. |
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15|If the vacancy is declared at any other time of the year, the board |
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16|of education shall call for a special election as provided for in |
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17|subsection C of Section 13A-103 of this title and Section 13A-109 of |
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18|this title. The special election shall be held no later than |
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19|seventy-five (75) days after the vacancy is declared, and the |
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20|special filing period shall be scheduled as required in subsection D |
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21|of Section 13A-109 of this title. Persons elected to fill unexpired |
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22|terms shall begin those terms at the next regular meeting of the |
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23|board of education following the election. Persons appointed to |
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24|fill such vacancies after the first half of the term of office for |
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1|the board position shall serve for the balance of the unexpired |
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2|term. |
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3| C. Except as provided for in subsection D of this section, no |
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4|person shall be appointed elected to a board of education who does |
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5|not meet the eligibility qualifications needed to be a candidate for |
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6|such position as provided for in Section 13A-106 of this title and |
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7|Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma |
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8|Statutes. |
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9| D. If after the filing period is closed no candidate for an |
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10|open position on a board of education of a school district has filed |
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11|and therefore a vacancy is created, the vacancy shall be filled by |
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12|appointment by the board State Superintendent of Public Instruction. |
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13| Persons appointed to fill such vacancies shall not be required to |
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14|reside in the board or election district but shall be required to |
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15|reside in the school district and to meet the other eligibility |
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16|qualifications needed to be a candidate for the position as provided |
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17|for in Section 13A-106 of this title and Sections 5-110, 5-110.1, |
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18|and 5-113 of Title 70 of the Oklahoma Statutes. Persons appointed |
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19|to fill vacancies as provided for in this subsection shall be |
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20|eligible to serve only for the balance of the term. |
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21| E. If the board of education does not fill the vacancy by |
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22|appointment within sixty (60) days of the date the board declared |
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23|the seat vacant, the board of education shall call a special |
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24|election to fill the vacancy for the unexpired term. The special |
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1|election shall be called on a date established by subsection B of |
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2|Section 3-101 of this title, and the special filing period shall be |
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3|scheduled as required in subsection D of Section 13A-109 of this |
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4|title. |
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5| F. If vacancies occur which result in a loss of a majority of |
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6|members of the board of education of a school district or technology |
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7|center school district, the Governor shall appoint a member or |
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8|members necessary to constitute a quorum to the board of education |
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9|pursuant to the authority granted by Section 13 of Article VI of the |
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10|Oklahoma Constitution. Such appointment shall be consistent with |
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11|the requirements of this section and shall only be for the remainder |
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12|of the term of office. |
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13| SECTION 3. This act shall become effective July 1, 2023. |
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14| SECTION 4. It being immediately necessary for the preservation |
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15|of the public peace, health, or safety, an emergency is hereby |
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16|declared to exist, by reason whereof this act shall take effect and |
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17|be in full force from and after its passage and approval. |
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19| 59-1-293 EB 1/5/2023 11:51:50 AM |
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