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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1963 By: Nollan of the House
and
Stanley of the Senate
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2011,
Section 13A-110, as last amended by Section 1,
Chapter 356, O.S.L. 2016 (26 O.S. Supp. 2020 , Section
13A-110), which relates to vacancies of certain
boards of education; requiring Governor appointment
for certain vacancies that result in a loss of a
majority of board of education members ; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 13A -110, as
last amended by Section 1, Chapter 356, O.S.L. 2016 (26 O.S. Supp.
2020, Section 13A-110), is amended to read as follows:
Section 13A-110. A. Vacancies Except as provided for in
subsection F of this section, vacancies for members of the board of
education of every school district or technology center school
district shall be filled by appointment by the board.
B. Except as provided for in subsection D of this section,
persons appointed to fill such vacancies in the first half of the
term of office for the board position shall serve only until the
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next succeeding election, at which time the office which they hold
shall be placed on the ballot for the balance of the unexpired term.
Vacancies filled by appointment following the delivery of the
resolution calling for regular elections to the secretary of the
county election board shall be filled until the regular elections
the following year. Persons elected to fill unexpired terms shall
begin those terms at the next regular meeting of the board of
education following the election. Persons appointed to fill such
vacancies after the first half of the term of office for the board
position shall serve for the balance of the unexpired term.
C. Except as provided for in subsection D of this section, no
person shall be appointed to a board of education who does not mee t
the eligibility qualifications needed to be a candidate for such
position as provided for in Section 13A -106 of this title and
Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma
Statutes.
D. If after the filing period is closed no candidate f or an
open position on a board of education of a school district has filed
and therefore a vacancy is created, the vacancy shall be filled by
appointment by the board. Persons appointed to fill such vacancies
shall not be required to reside in the board o r election district
but shall be required to reside in the school district and to meet
the other eligibility qualifications needed to be a candidate for
the position as provided for in Section 13A -106 of this title and
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Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma
Statutes. Persons appointed to fill vacancies as provided for in
this subsection shall be eligible to serve only for the balance of
the term.
E. If the board of education does not fill the vacancy by
appointment within sixty (60) days of the date the board declared
the seat vacant, the board of education shall call a special
election to fill the vacancy for the unexpired term. The special
election shall be called on a date established by subsection B of
Section 3-101 of this title, and the special filing period shall be
scheduled as required in subsection D of Section 13A -109 of this
title.
F. If vacancies occur which result in a loss of a majority of
members of the board of education of a school district or technology
center school district, the Governor shall appoint a member or
members necessary to constitute a quorum to the board of education
pursuant to the authority granted by Section 13 of Article VI of the
Oklahoma Constitution. Such appointment shall be consistent with
the requirements of this section and shall only be for the remainder
of the term of office.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/25/2021 - DO PASS, As Coauthored.