1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 335 By: Rogers | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to elections; amending 26 O.S. 2021, | | Section 3-101, which relates to dates of elections | 8| held by political subdivisions; modifying dates upon | | which certain elections may be held; and providing an | 9| effective date. | | | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 26 O.S. 2021, Section 3-101, is | | | 14|amended to read as follows: | | | 15| Section 3-101. A. No election required to be conducted by any | | | 16|county election board shall be scheduled for a day other than | | | 17|Tuesday. | | | 18| B. Except as otherwise provided by law, no regular or special | | | 19|electionto fill an elective officeshall be held by any county, | | | 20|school district, technology center school district, municipality, | | | 21|fire protection district or other political subdivision authorized | | | 22|to call elections except as follows: | | | 23| 1. The second Tuesday ofFebruaryMarch in any year other than | | | 24|a presidential election year; | | | Req. No. 1149 Page 1 ___________________________________________________________________________
1| 2. Thefirst Tuesday of April in anydate of the Presidential | | | 2|Preferential Primary election in a presidential election year, as | | | 3|set forth in Section 20-101 of this title; | | | 4| 3. The date of any regularly scheduled statewide state or | | | 5|federal election in an even-numbered year; | | | 6| 4. The second Tuesday ofSeptemberJune and the second Tuesday | | | 7|of August in an odd-numbered year; | | | 8| 5. The second Tuesday of November in an odd-numbered year; and | | | 9| 6. The second Tuesday of June of an odd-numbered year for a | | | 10|special election to fill a vacancy. | | | 11| C. Except as otherwise provided by law or by Section 1 of this | | | 12|act,noan electionfor any purpose other thanto fill a vacancy in | | | 13|an elective officeshallmay only be held by any county, school | | | 14|district, technology center school district, municipality, fire | | | 15|protection district or other political subdivision authorized to | | | 16|call electionsexcepton: | | | 17| 1. The second Tuesday of January, February, May, June, July, | | | 18|August, September, October and November and the first Tuesday in | | | 19|March and April in odd-numbered years; provided, a municipality with | | | 20|a population in excess of two hundred fifty thousand (250,000) | | | 21|persons, according to the most recent federal decennial census, may | | | 22|also hold an election on the second Tuesday of December in | | | 23|odd-numbered years; and | | | 24| | | | Req. No. 1149 Page 2 ___________________________________________________________________________
1| 2. The second Tuesday of January and February, the first | | | 2|Tuesday in March and April, the last Tuesday in June, the fourth | | | 3|Tuesday in August, and the first Tuesday after the first Monday in | | | 4|November of any even-numbered year. | | | 5| D. In the event that a regular or special election date occurs | | | 6|on an official state holiday, the election shall be scheduled for | | | 7|the next following Tuesday. In the event that any day of a | | | 8|candidate filing period occurs on a Saturday, Sunday or any official | | | 9|state holiday, that day of the filing period shall be scheduled for | | | 10|the next business day. | | | 11| E. Notwithstanding any other provision of law or any provision | | | 12|of a municipal charter, any municipality, school district, | | | 13|technology center district, county, rural fire protection district, | | | 14|or any other entity seeking to hold a regular or special election to | | | 15|be conducted by a county election board on the same date as a | | | 16|regular or special federal or state election, shall file the | | | 17|resolution calling for the election with the county election board | | | 18|secretary no later than seventy-five (75) days prior to the election | | | 19|date. A candidate filing period of three (3) days, if so required | | | 20|by the resolution, shall begin no later than ten (10) days following | | | 21|the deadline to file the resolution with the secretary of the county | | | 22|election board; provided, the filing period for such municipal | | | 23|office may be scheduled on the same dates as the filing period for | | | 24|state or federal office to be filled at such election. | | | Req. No. 1149 Page 3 ___________________________________________________________________________
1| F. Any school district, technology center district, | | | 2|municipality, including any municipality governed by charter, rural | | | 3|fire protection district or any other entity seeking to hold a | | | 4|special election for the purpose of filling a vacancy shall schedule | | | 5|a candidate filing period of three (3) days to begin not more than | | | 6|twenty (20) days following the date the resolution calling the | | | 7|election is required to be filed with the secretary of the county | | | 8|election board. | | | 9| SECTION 2. This act shall become effective November 1, 2023. | | | 10| | | | 11| 59-1-1149 TEK 1/13/2023 5:21:40 PM | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1149 Page 4