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