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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2848 By: Roberts (Sean)
AS INTRODUCED
An Act relating to elections; creating the Oklahoma
Municipal Election Reform Act of 2021; amending 26
O.S. 2011, Section 3 -101, as last amended by Section
1, Chapter 110, O.S.L. 2018 (26 O.S. Supp. 2020,
Section 3-101), which relates to election dates;
modifying dates for certain elections; providing
exception; amending 26 O.S. 2011, Section 13 -103, as
last amended by Section 27, C hapter 491, O.S.L. 2019
(26 O.S. Supp. 2020, Section 13 -103), which relates
to conduct of municipal elections; making municipal
elections partisan; providing for noncodification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cite d as the "Oklahoma
Municipal Election Reform Act of 2021 ".
SECTION 2. AMENDATORY 26 O.S. 2011, Section 3 -101, as
last amended by Section 1, Chapter 110, O.S.L. 2018 (26 O.S. Supp.
2020, Section 3-101), is amended to read as follows:
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Section 3-101. A. No election required to be conducted by any
county election board shall be scheduled for a day other than
Tuesday.
B. Except as otherwise provided by law, no regular or special
election to fill an elective office for any purpose shall be held by
any county, school district, technology center school district,
municipality, fire protection district or other political
subdivision authorized to call elections except as follows:
1. The second Tuesday of February in any year;
2. The first Tuesday of April in any year;
3. The date of any regularly schedu led statewide state or
federal election in an even -numbered year;
4. The second Tuesday of September in an odd -numbered year; and
5. The second first Tuesday after the first Monday of November
in an odd-numbered year.
C. Except as otherwise provided by law, no election for any
purpose other than to fill an elective office shall be held by any
county, school district, technology center school district,
municipality, fire protection district or other political
subdivision authorized to call elections excep t on:
1. The second Tuesday of January, February, May, June, July,
August, September, October and November and the first Tuesday in
March and April in odd -numbered years; provided, a municipality with
a population in excess of two hundred fifty thousand ( 250,000)
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persons, according to the most recent federal decennial census, may
also hold an election on the second Tuesday of December in odd -
numbered years; and
2. The second Tuesday of January and February, the first
Tuesday in March and April, the last T uesday in June, the fourth
Tuesday in August, and the first Tuesday after the first Monday in
November of any even -numbered year The provisions of subsection B of
this section shall not apply to a special election called by the
Governor to fill a vacancy i n an elective office .
D. In the event that a regular or special election date occurs
on an official state holiday, the election shall be scheduled for
the next following Tuesday. In the event that any day of a
candidate filing period occurs on a Saturday , Sunday or any official
state holiday, that day of the filing period shall be scheduled for
the next business day.
E. Notwithstanding any other provision of law or any provision
of a municipal charter, any municipality, school district,
technology center district, county, rural fire protection district,
or any other entity seeking to hold a regular or special election to
be conducted by a county election board on the same date as a
regular or special federal or state election, shall file the
resolution calling for the election with the county election board
secretary no later than seventy -five (75) days prior to the election
date. A candidate filing period of three (3) days, if so required
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by the resolution, shall begin no later than ten (10) days followi ng
the deadline to file the resolution with the secretary of the county
election board; provided, the filing period for such municipal
office may be scheduled on the same dates as the filing period for
state or federal office to be filled at such election.
F. Any school district, technology center district,
municipality, including any municipality governed by charter, rural
fire protection district or any other entity seeking to hold a
special election for the purpose of filling a vacancy shall schedule
a candidate filing period of three (3) days to begin not more than
twenty (20) days following the date the resolution calling the
election is required to be filed with the secretary of the county
election board.
SECTION 3. AMENDATORY 26 O.S. 2011, Section 13 -103, as
last amended by Section 27, Chapter 491, O.S.L. 2019 (26 O.S. Supp.
2020, Section 13-103), is amended to read as follows:
Section 13-103. A. All municipal elections shall be partisan
and held at the same place and in th e same manner prescribed for
conduct of state and county elections unless otherwise provided by
law.
B. A municipality may adopt an ordinance requiring its
elections to be partisan. If such an ordinance is adopted, a
municipality shall notify the county election board that its
election is to be partisan in its resolution calling for an
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election. If a municipality fails to notify the county election
board that its election will be on a partisan basis in the
resolution calling for an election, then the mun icipal election
shall be on a nonpartisan basis. Provided, any municipality which
is governed by a charter may provide otherwise by charter or
ordinance.
C. All precincts totally or partially contained within the
limits of a municipality shall be open fo r all elections held by
such municipality; provided, however, that a municipality may
authorize any precinct which is only partially contained within the
limits of the municipality not to be opened by certifying to the
county election board in its resoluti on calling for an election that
no persons reside within that portion of the precinct contained
within the limits of the municipality. Polling places shall be open
from 7:00 a.m. until 7:00 p.m. Precinct officials shall be the same
as for state and count y elections; provided, however, that
substitutions, if necessary, shall be made by the secretary of the
county election board.
D. C. Except as otherwise provided by law, the laws governing
state and county Primary and General Elections shall be applicable
to all municipal elections.
E. D. All municipal elections, including elections for
municipalities with home rule charters, shall be held only on dates
identified in Section 3 -101 of this title.
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SECTION 4. This act shall become effective January 1, 2022.
58-1-7029 LRB 1/7/21