Bill Text For SB0098 - Introduced

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