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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2848 By: Roberts (Sean)
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; creating the Oklahoma
41	41	Municipal Election Reform Act of 2021; amending 26
42	42	O.S. 2011, Section 3 -101, as last amended by Section
43	43	1, Chapter 110, O.S.L. 2018 (26 O.S. Supp. 2020,
44	44	Section 3-101), which relates to election dates;
45	45	modifying dates for certain elections; providing
46	46	exception; amending 26 O.S. 2011, Section 13 -103, as
47	47	last amended by Section 27, C hapter 491, O.S.L. 2019
48	48	(26 O.S. Supp. 2020, Section 13 -103), which relates
49	49	to conduct of municipal elections; making municipal
50	50	elections partisan; providing for noncodification;
51	51	and providing an effective date.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. NEW LAW A new section of law not to be
60	60	codified in the Oklahoma Statutes reads as follows:
61	61	This act shall be known and may be cite d as the "Oklahoma
62	62	Municipal Election Reform Act of 2021 ".
63	63	SECTION 2. AMENDATORY 26 O.S. 2011, Section 3 -101, as
64	64	last amended by Section 1, Chapter 110, O.S.L. 2018 (26 O.S. Supp.
65	65	2020, Section 3-101), is amended to read as follows:
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92	92	Section 3-101. A. No election required to be conducted by any
93	93	county election board shall be scheduled for a day other than
94	94	Tuesday.
95	95	B. Except as otherwise provided by law, no regular or special
96	96	election to fill an elective office for any purpose shall be held by
97	97	any county, school district, technology center school district,
98	98	municipality, fire protection district or other political
99	99	subdivision authorized to call elections except as follows:
100	100	1. The second Tuesday of February in any year;
101	101	2. The first Tuesday of April in any year;
102	102	3. The date of any regularly schedu led statewide state or
103	103	federal election in an even -numbered year;
104	104	4. The second Tuesday of September in an odd -numbered year; and
105	105	5. The second first Tuesday after the first Monday of November
106	106	in an odd-numbered year.
107	107	C. Except as otherwise provided by law, no election for any
108	108	purpose other than to fill an elective office shall be held by any
109	109	county, school district, technology center school district,
110	110	municipality, fire protection district or other political
111	111	subdivision authorized to call elections excep t on:
112	112	1. The second Tuesday of January, February, May, June, July,
113	113	August, September, October and November and the first Tuesday in
114	114	March and April in odd -numbered years; provided, a municipality with
115	115	a population in excess of two hundred fifty thousand ( 250,000)
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142	142	persons, according to the most recent federal decennial census, may
143	143	also hold an election on the second Tuesday of December in odd -
144	144	numbered years; and
145	145	2. The second Tuesday of January and February, the first
146	146	Tuesday in March and April, the last T uesday in June, the fourth
147	147	Tuesday in August, and the first Tuesday after the first Monday in
148	148	November of any even -numbered year The provisions of subsection B of
149	149	this section shall not apply to a special election called by the
150	150	Governor to fill a vacancy i n an elective office .
151	151	D. In the event that a regular or special election date occurs
152	152	on an official state holiday, the election shall be scheduled for
153	153	the next following Tuesday. In the event that any day of a
154	154	candidate filing period occurs on a Saturday , Sunday or any official
155	155	state holiday, that day of the filing period shall be scheduled for
156	156	the next business day.
157	157	E. Notwithstanding any other provision of law or any provision
158	158	of a municipal charter, any municipality, school district,
159	159	technology center district, county, rural fire protection district,
160	160	or any other entity seeking to hold a regular or special election to
161	161	be conducted by a county election board on the same date as a
162	162	regular or special federal or state election, shall file the
163	163	resolution calling for the election with the county election board
164	164	secretary no later than seventy -five (75) days prior to the election
165	165	date. A candidate filing period of three (3) days, if so required
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192	192	by the resolution, shall begin no later than ten (10) days followi ng
193	193	the deadline to file the resolution with the secretary of the county
194	194	election board; provided, the filing period for such municipal
195	195	office may be scheduled on the same dates as the filing period for
196	196	state or federal office to be filled at such election.
197	197	F. Any school district, technology center district,
198	198	municipality, including any municipality governed by charter, rural
199	199	fire protection district or any other entity seeking to hold a
200	200	special election for the purpose of filling a vacancy shall schedule
201	201	a candidate filing period of three (3) days to begin not more than
202	202	twenty (20) days following the date the resolution calling the
203	203	election is required to be filed with the secretary of the county
204	204	election board.
205	205	SECTION 3. AMENDATORY 26 O.S. 2011, Section 13 -103, as
206	206	last amended by Section 27, Chapter 491, O.S.L. 2019 (26 O.S. Supp.
207	207	2020, Section 13-103), is amended to read as follows:
208	208	Section 13-103. A. All municipal elections shall be partisan
209	209	and held at the same place and in th e same manner prescribed for
210	210	conduct of state and county elections unless otherwise provided by
211	211	law.
212	212	B. A municipality may adopt an ordinance requiring its
213	213	elections to be partisan. If such an ordinance is adopted, a
214	214	municipality shall notify the county election board that its
215	215	election is to be partisan in its resolution calling for an
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242	242	election. If a municipality fails to notify the county election
243	243	board that its election will be on a partisan basis in the
244	244	resolution calling for an election, then the mun icipal election
245	245	shall be on a nonpartisan basis. Provided, any municipality which
246	246	is governed by a charter may provide otherwise by charter or
247	247	ordinance.
248	248	C. All precincts totally or partially contained within the
249	249	limits of a municipality shall be open fo r all elections held by
250	250	such municipality; provided, however, that a municipality may
251	251	authorize any precinct which is only partially contained within the
252	252	limits of the municipality not to be opened by certifying to the
253	253	county election board in its resoluti on calling for an election that
254	254	no persons reside within that portion of the precinct contained
255	255	within the limits of the municipality. Polling places shall be open
256	256	from 7:00 a.m. until 7:00 p.m. Precinct officials shall be the same
257	257	as for state and count y elections; provided, however, that
258	258	substitutions, if necessary, shall be made by the secretary of the
259	259	county election board.
260	260	D. C. Except as otherwise provided by law, the laws governing
261	261	state and county Primary and General Elections shall be applicable
262	262	to all municipal elections.
263	263	E. D. All municipal elections, including elections for
264	264	municipalities with home rule charters, shall be held only on dates
265	265	identified in Section 3 -101 of this title.
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292	292	SECTION 4. This act shall become effective January 1, 2022.
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294	294	58-1-7029 LRB 1/7/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2848 Compare Versions