Oklahoma 2022 Regular Session

Oklahoma House Bill HB3153 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3153 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; amending 26 O.S. 2021,
41	41	Section 3-101, which relates to election dates;
42	42	modifying dates for certain el ections; providing
43	43	exception; and providing an effective date.
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48	48	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 26 O.S. 2021, Section 3-101 is
50	50	amended to read as follows:
51	51	A. No election requi red to be conducted by any county election
52	52	board shall be scheduled for a day other than Tu esday.
53	53	B. Except as otherwise provided by law, no regular or special
54	54	election to fill an elective office for any purpose shall be held by
55	55	any county, school distric t, technology center school district,
56	56	municipality, fire protection district or other polit ical
57	57	subdivision authorized to call elections except as follows:
58	58	1. The second Tuesday of February in any year;
59	59	2. The first Tuesday of Ap ril in any year;
60	60	3. The date of any regularly scheduled statewide state or
61	61	federal election in an even -numbered year;
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88	88	4. The second Tuesday of September in an odd -numbered year;
89	89	5. The second Tuesday of November in an odd -numbered year; and
90	90	6. The second Tuesday of June of an odd-numbered year for a
91	91	special election to fill a vacancy.
92	92	C. Except as otherwise provide d by law or by Section 1 of this
93	93	act, no election for any purpose other than to fill an elective
94	94	office shall be held by any county, school district, technology
95	95	center school district, municipality, fire protection district or
96	96	other political subdivision a uthorized to call elections except on:
97	97	1. The second Tuesday of January, February, May, June, July,
98	98	August, September, October and November and the first Tuesday in
99	99	March and April in odd -numbered years; provided, a municipality with
100	100	a population in exces s of two hundred fifty thousand (250,000)
101	101	persons, according to the most recent federal decennial census, may
102	102	also hold an election on the s econd Tuesday of December in odd-
103	103	numbered years; and
104	104	2. The second Tuesday of January and February, the first
105	105	Tuesday in March and April, the last Tuesday in June, the fourth
106	106	Tuesday in August, and the first Tuesday after the first Monday in
107	107	November of any even-numbered year The provisions of subsection B of
108	108	this section shall not apply to a special election called by the
109	109	Governor to fill a vacancy i n an elective office .
110	110	D. In the event that a regular or special election date occurs
111	111	on an official state holiday, the election sha ll be scheduled for
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138	138	the next following Tuesday. In the event that any day of a
139	139	candidate filing period occurs on a Saturda y, Sunday or any official
140	140	state holiday, that day of the filing period shall be scheduled for
141	141	the next business day.
142	142	E. Notwithstanding any other provision of law or any provision
143	143	of a municipal charter, any municipality, s chool district,
144	144	technology center district, county, rural fire protection district,
145	145	or any other entity seeking to hold a regular or special election to
146	146	be conducted by a county election board on the same date as a
147	147	regular or special federal or state elect ion, shall file the
148	148	resolution calling for the election with the county election board
149	149	secretary no later than seventy -five (75) days prior to the election
150	150	date. A candidate filing period of three (3) days, if so required
151	151	by the resolution, shall begin no later than ten (10) days follow ing
152	152	the deadline to file the resolution with the secretary of the county
153	153	election board; provided, the filing period for such municip al
154	154	office may be scheduled on the same dates as the filing period for
155	155	state or federal offi ce to be filled at such election .
156	156	F. Any school district, technology center district,
157	157	municipality, including any municipality governed by charter, rural
158	158	fire protection district or any other entity seeking to hold a
159	159	special election for the purpose of fi lling a vacancy shall schedule
160	160	a candidate filing period of three (3) days to begin not more than
161	161	twenty (20) days following the date the resolution calling the
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188	188	election is required to be filed with the secretary of the county
189	189	election board.
190	190	SECTION 2. This act shall become effective November 1, 2022.
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192	192	58-2-8478 LRB 10/05/21