1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 375 By: Howard of the Senate |
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4| Newton of the House |
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7| [ elections - filing period - date declarations of |
| candidacy - emergency ] |
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|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
12| and insert: |
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| "An Act relating to elections; amending 26 O.S. 2021, |
15| Sections 1-102, 3-101, and 5-110, which relate to |
| primary, regular, and special elections and filing |
16| period; modifying date for primary elections; |
| modifying date for regular or special elections; |
17| modifying filing period for declarations of |
| candidacy; and declaring an emergency. |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. AMENDATORY 26 O.S. 2021, Section 1-102, is |
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23|amended to read as follows: |
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1| Section 1-102. A Primary Election shall be held on thelast| | | 2|third Tuesday in June of each even-numbered year, at which time each | | | 3|political party recognized by the laws ofOklahomathis state shall | | | 4|nominate its candidates for the offices to be filled at the next | | | 5|succeeding General Election,unless otherwise provided by law. No | | | 6|candidate's name shall be printed upon the General Election ballot | | | 7|unless such candidate shall have been nominated as herein provided, | | | 8|unless otherwise provided by law; provided further that this | | | 9|provision shall not exclude the right of a nonpartisan candidate to | | | 10|have his or her name printed upon the General Election ballots. No | | | 11|county, municipality or school district shall schedule an election | | | 12|on any date during the twenty (20) days immediately preceding the | | | 13|date of any such primary election. | | | 14| SECTION 2. AMENDATORY 26 O.S. 2021, Section 3-101, is | | | 15|amended to read as follows: | | | 16| Section 3-101. A. No election required to be conducted by any | | | 17|county election board shall be scheduled for a day other than | | | 18|Tuesday. | | | 19| B. Except as otherwise provided by law, no regular or special | | | 20|election to fill an elective office shall be held by any county, | | | 21|school district, technology center school district, municipality, | | | 22|fire protection district or other political subdivision authorized | | | 23|to call elections except as follows: | | | 24| 1. The second Tuesday of February in any year; | | | Page 2 ___________________________________________________________________________
1| 2. The first Tuesday of April in any year; | | | 2| 3. The date of any regularly scheduled statewide state or | | | 3|federal election in an even-numbered year; | | | 4| 4. The second Tuesday of September in an odd-numbered year; | | | 5| 5. The second Tuesday of November in an odd-numbered year; and | | | 6| 6. The second Tuesday of June of an odd-numbered year for a | | | 7|special election to fill a vacancy. | | | 8| C. Except as otherwise provided by law or by Section 1 of this | | | 9|act, no election for any purpose other than to fill an elective | | | 10|office shall be held by any county, school district, technology | | | 11|center school district, municipality, fire protection district or | | | 12|other political subdivision authorized to call elections except on: | | | 13| 1. The second Tuesday of January, February, May, June, July, | | | 14|August, September, October and November and the first Tuesday in | | | 15|March and April in odd-numbered years; provided, a municipality with | | | 16|a population in excess of two hundred fifty thousand (250,000) | | | 17|persons, according to the most recent Federal Decennial Census, may | | | 18|also hold an election on the second Tuesday of December in | | | 19|odd-numbered years; and | | | 20| 2. The second Tuesday of January and February, the first | | | 21|Tuesday in March and April, thelastthird Tuesday in June, the | | | 22|fourth Tuesday in August, and the first Tuesday after the first | | | 23|Monday in November of any even-numbered year. | | | 24| | | | Page 3 ___________________________________________________________________________
1| D. In the event that a regular or special election date occurs |
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2|on an official state holiday, the election shall be scheduled for |
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3|the next following Tuesday. In the event that any day of a |
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4|candidate filing period occurs on a Saturday, Sunday or any official |
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5|state holiday, that day of the filing period shall be scheduled for |
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6|the next business day. |
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7| E. Notwithstanding any other provision of law or any provision |
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8|of a municipal charter, any municipality, school district, |
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9|technology center district, county, rural fire protection district, |
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10|or any other entity seeking to hold a regular or special election to |
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11|be conducted by a county election board on the same date as a |
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12|regular or special federal or state election, shall file the |
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13|resolution calling for the election with the county election board |
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14|secretary no later than seventy-five (75) days prior to the election |
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15|date. A candidate filing period of three (3) days, if so required |
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16|by the resolution, shall begin no later than ten (10) days following |
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17|the deadline to file the resolution with the secretary of the county |
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18|election board; provided, the filing period for such municipal |
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19|office may be scheduled on the same dates as the filing period for |
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20|state or federal office to be filled at such election. |
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21| F. Any school district, technology center district, |
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22|municipality, including any municipality governed by charter, rural |
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23|fire protection district or any other entity seeking to hold a |
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24|special election for the purpose of filling a vacancy shall schedule |
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1|a candidate filing period of three (3) days to begin not more than | | | 2|twenty (20) days following the date the resolution calling the | | | 3|election is required to be filed with the secretary of the county | | | 4|election board. | | | 5| SECTION 3. AMENDATORY 26 O.S. 2021, Section 5-110, is | | | 6|amended to read as follows: | | | 7| Section 5-110. Declarations of Candidacy provided herein must | | | 8|be filed with the secretary of the appropriate election board no | | | 9|earlier than 8:00 a.m. on thesecondfirst Wednesday of April of any | | | 10|even-numbered year and no later than 5:00 p.m. on the next | | | 11|succeeding Friday. Such Declarations of Candidacy may be | | | 12|transmitted by United States mail, but in no event shall the | | | 13|secretary of any election board accept such Declarations after the | | | 14|time prescribed by law. | | | 15| SECTION 4. It being immediately necessary for the preservation | | | 16|of the public peace, health or safety, an emergency is hereby | | | 17|declared to exist, by reason whereof this act shall take effect and | | | 18|be in full force from and after its passage and approval." | | | 19| | | | 20| | | Passed the House of Representatives the 26th day of April, 2023. | 21| | | | 22| | | | 23| | | Presiding Officer of the House of | 24| Representatives | | | Page 5 ___________________________________________________________________________
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| Passed the Senate the ____ day of __________, 2023. |
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| Presiding Officer of the Senate |
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