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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3235 By: Crosswhite Hader
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 13A-110, which relates to vac ancies on school
boards; requiring vacancies be filled by election;
amending 70 O.S. 2021, Section 5 -107A, which relates
to vacancies; requiring Governor make appointment for
certain vacancies; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A -110, is
amended to read as follows:
Section 13A-110. A. Except as provided for in subsection F B
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 at the next succeeding election.
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
next succeeding election, at which time the office which they hold
shall be placed on the ballot for the balance of the unexpired term.
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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 meet
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 Okla homa
Statutes.
D. If after the filing period is closed no candidate for an
open position on a board of education of a school district ha s 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 or election district
but shall be required to reside in the school d istrict and to meet
the other eligibility qualifications needed to be a candidate for
the position as provided for in S ection 13A-106 of this title and
Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma
Statutes. Persons appointed to fill vacan cies as provided for in
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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 call ed 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 t he
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. AMENDATORY 70 O.S. 2021, Section 5 -107A, is
amended to read as follows:
Section 5-107A. The following provisions and the provisions of
Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall
govern the election of members of the board of education for a
school district:
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A. For purposes of this sectio n, temporary positions added to a
board of education pursuant to Section 7 -101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section
1 5-107B of this act title shall not be considered in determining
the size of the boar d. The number and term of ea ch board of
education shall be as follows:
District Members Term (Years)
Elementary 3 3
Independent
1. Districts having a five -member
board 5 5
2. Districts having a seven-
member board unless an
election is conducted
pursuant to subsection C of
this section 7 4
B. In all school districts, the members of the board of
education shall be elected as follows:
1. a. Between August 1 and December 31 of the year followin g
the submission by the United States Department of
Commerce to the President of the United S tates of the
official Federal Decennial Census, the board of
education shall reapportion the territory of the
school district into board districts. Beginning with
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the reapportionment following the 1990 Federal
Decennial Census, all boundaries of board dis tricts
shall follow clearly visible, definable and observable
physical boundaries which are based upon criteria
established and recognized by the Bureau of the Cen sus
of the United States Department of Commerce for
purposes of defining census blocks for it s decennial
census and shall follow, as much as is possible,
precinct boundaries. Board districts shall be
compact, contiguous and shall be as equal in
population as practical with not more than a ten-
percent (10%) variance between the most populous and
least populous board districts.
b. School districts having fewer than one thousand eight
hundred (1,800) students in average daily membership
during the preceding s chool year may choose not to
establish board districts and may n ominate and elect
all board members at large.
c. Elementary school districts shall have board members
elected at large.
d. A city located in an independent school district
having four or more wards and an outlying area with
such outlying area comprising no more than twenty
percent (20%) of the population of such independent
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school district, then such independent school district
may adopt such wards and outlying area in lieu of the
board districts provided for in subparagraph a of this
paragraph, and at leas t one member of the board of
education of such independent school district shall be
a member of each ward; and
2. One member of the board of education shall be elected by the
electors of the school district to represent each such board
district. Provided, however, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect board members to represent that board
district, that district shall elect board members in that manner.
If during the term of office to which a person was elected, that
member ceases to be a resident of the board district for which the
person was elected, the office shall become vacant and such vacancy
shall be filled as provided in Section 13A -110 of Title 26 of th e
Oklahoma Statutes; and
3. In a school district having more than ten thousand (10,000)
children in average daily membership, the following provision and
the provisions of Section 13A -101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to el ection of the members of the
school district's board of education:
a. There shall be held an election in which the electors
of each board district in which a term is expiring or
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in which a vacancy exists shall select two candidates
from among the candidate s for board member to
represent the board district,
b. If, in the election, one candidate has a majority of
all votes cast, then a run -off election is not
required. If no candidate receives a majority of all
votes cast, then the two candidates receiving t he
greatest number of votes s hall become the candidates
for the board district in the general election, and
c. At the run-off election, all of the electors of the
board district shall select o ne of the two candidates
as the member of the board of education representing
the board district.
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after approval of a board
resolution or a vote of the ele ctors of the school district to take
such action pursuant to Sec tion 13A-109 of Title 26 of t he Oklahoma
Statutes. The election pursuant to a vote of the electors of the
school district shall be called upon the submission of a petition
requesting the election signed by ten percent (10%) of the school
district electors in the school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary of the county election board, who shall
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certify the adequacy of the number of signatures on the petition.
If the question is put before the voters of the district, such
election shall be held along with and at the same time and place as
the next school election if all requirements of Section 13A -101 et
seq. of Title 26 of the Ok lahoma Statutes for such election are met.
After such resolution or election, the board shall reapportion
the district, determining by resolution or by lot which b oard member
offices shall be abolished at the end of the current board member's
term and which shall become one of the offices of the new board.
Election of the resulting board members shall be carried out
according to procedures stated in this section and Section 13A-101
et seq. of Title 26 of the Oklahoma Statutes.
School board members currently serving in offices abolished
pursuant to this subsection shall continue serving until the end of
their current terms as at -large members.
D. Except for the chair of the board of education elected
pursuant to Section 1 5-107B of this act title, offices of members
of the board of education shall be designated by consecutive numbers
and shall correspond with board districts when applicable.
E. Except for those members elected pr ior to July 1, 1992, the
terms of office of the mem bers of a five-member board of education
shall commence on the first regular, special or emergency school
board meeting after the date of the annual school election and after
the member has been certified as elected:
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Office No. 1 1991
Office No. 2 1992
Office No. 3 1993
Office No. 4 1994
Office No. 5 1995
The terms of office of the members of a seven -member board of
education shall be staggered, with one member being elected in 1991,
two members being elect ed in 1992, two members being elected in 1993
and two members being elected in 1 994 and shall commen ce on the
first regular, special or emergency school board meeting after the
date of the annual school election and after the member has been
certified as elected; provided, in districts needing to elect two
members in 1991 to maintain a full complement of board members, two
members shall be elected in 1991, one for a full term and one for a
one-year term, as determined by the local board. If a seven -member
board is formed upon consolidation pursuant to Sect ion 7-105 of this
title, or upon annexation pursu ant to Section 7-101 of this title,
the formation agreement shall specify initial short terms as
necessary to extend until the beginning of the regular term s for
seven-member boards established herein.
Upon reduction of a seven -member board pursuant to sub section C
of this section, the terms of the five -member board shall be
staggered pursuant to this subsection.
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One member of a three -member board of educatio n shall be elected
each year, and the terms of offi ce shall commence on the firs t
regular, special or emergency school board meeting after the member
has been certified as elected.
F. The term of office of each board member elected after July
1, 1992, shall commence on the first regular, special or emerge ncy
school board meeting afte r the date of the an nual school election
and after the member has been certified as elected. Board members
elected prior to July 1, 1992, may remain in office until their
successor is elected and seated pursuant to Sections 13 A-101 through
13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of
any member who completes the term for which the member was elected
but not wishing to serve until the successor of the mem ber takes
office on the first regular, special or e mergency school board
meeting after the successor has been certified as elected, shall be
filled by appointment by the remaining members of the board of
education Governor.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9232 LRB 12/27/21