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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3153 By: West (Kevin)
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 3-101, which relates to election dates;
modifying dates for certain el ections; providing
exception; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 3-101 is
amended to read as follows:
A. No election requi red to be conducted by any county election
board shall be scheduled for a day other than Tu esday.
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 distric t, technology center school district,
municipality, fire protection district or other polit ical
subdivision authorized to call elections except as follows:
1. The second Tuesday of February in any year;
2. The first Tuesday of Ap ril in any year;
3. The date of any regularly scheduled statewide state or
federal election in an even -numbered year;
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4. The second Tuesday of September in an odd -numbered year;
5. The second Tuesday of November in an odd -numbered year; and
6. The second Tuesday of June of an odd-numbered year for a
special election to fill a vacancy.
C. Except as otherwise provide d by law or by Section 1 of this
act, 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 a uthorized to call elections except 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 exces s of two hundred fifty thousand (250,000)
persons, according to the most recent federal decennial census, may
also hold an election on the s econd 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 Tuesday 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 sha ll be scheduled for
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the next following Tuesday. In the event that any day of a
candidate filing period occurs on a Saturda y, 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, s chool 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 elect ion, 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
by the resolution, shall begin no later than ten (10) days follow ing
the deadline to file the resolution with the secretary of the county
election board; provided, the filing period for such municip al
office may be scheduled on the same dates as the filing period for
state or federal offi ce 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 fi lling 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
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election is required to be filed with the secretary of the county
election board.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8478 LRB 10/05/21