1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 98 By: Prieto | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to school district boards of | | education; providing for removal of board of | 8| education member by recall petition; establishing | | signature threshold for recall petition; requiring | 9| filing of recall petition; directing form for recall | | petition to be prescribed; prohibiting signatures on | 10| petition from being deemed valid if signed outside of | | certain time period; requiring a school district | 11| board of education to order and fix date for certain | | election; requiring certain notification; prohibiting | 12| election from being held within certain time frame; | | providing for filing of declarations of candidacy; | 13| providing for incumbent to continue serving under | | certain condition; providing for seating of incumbent | 14| or successor; providing for codification; providing | | an effective date; and declaring an emergency. | 15| | | | 16| | | | 17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 18| SECTION 1. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 5-107C of Title 70, unless there | | | 20|is created a duplication in numbering, reads as follows: | | | 21| A. A member of a school district board of education may be | | | 22|removed from office by means of a recall petition demanding the | | | 23|removal of a board member and the election of a successor to the | | | 24|member. The recall petition shall be signed by not less than | | | Req. No. 664 Page 1 ___________________________________________________________________________
1|thirty-three percent (33%) of the qualified electors of the board | | | 2|district based on the total number of votes cast at the last board | | | 3|district election. The recall petition shall be filed with the | | | 4|school district board of education. The petition shall contain a | | | 5|specific statement of the grounds on which removal is sought. The | | | 6|form for the recall petition shall be prescribed by the State | | | 7|Election Board. No signature on a petition shall be deemed valid if | | | 8|signed more than six (6) months prior to the filing of the petition. | | | 9| B. Upon presentation of a recall petition as provided for in | | | 10|subsection A of this section, a school district board of education | | | 11|shall, within ten (10) days, order and fix a date for holding the | | | 12|election. The board of education shall notify, by resolution, the | | | 13|secretary of the county election board as provided for in Section | | | 14|13A-109 of Title 26 of the Oklahoma Statutes. An election shall not | | | 15|be held prior to one hundred eighty (180) days after the board of | | | 16|education member has taken office or within one hundred eighty (180) | | | 17|days before the next board district election. | | | 18| C. Any member of a school district board of education sought to | | | 19|be removed pursuant to the provisions of this section may be a | | | 20|candidate to succeed himself or herself. Candidates wishing to | | | 21|succeed the member shall file declarations of candidacy in the same | | | 22|place and manner as a general election for a member as provided for | | | 23|in Section 13A-105 of Title 26 of the Oklahoma Statutes. If after | | | 24| | | | Req. No. 664 Page 2 ___________________________________________________________________________
1|the filing period is closed no candidate has filed, the incumbent | | | 2|member shall continue to serve on the board of education. | | | 3| D. 1. If the incumbent member is elected, the member shall | | | 4|continue to serve on the board of education. | | | 5| 2. If an individual other than the incumbent member is elected, | | | 6|the incumbent shall be deemed removed from office upon or at the | | | 7|time the winner of the election is declared. The successor shall | | | 8|assume the office within ten (10) days after receiving notification | | | 9|of the election results. He or she shall hold office for the | | | 10|unexpired term of the predecessor. | | | 11| SECTION 2. This act shall become effective July 1, 2023. | | | 12| SECTION 3. It being immediately necessary for the preservation | | | 13|of the public peace, health, or safety, an emergency is hereby | | | 14|declared to exist, by reason whereof this act shall take effect and | | | 15|be in full force from and after its passage and approval. | | | 16| | | | 17| 59-1-664 EB 12/31/2022 11:59:54 AM | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 664 Page 3