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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 210 By: Howard
AS INTRODUCED
An Act relating to school district boards of
education; providing for removal of board of
education member by recall petition; establishi ng
signature threshold for recall petition; requiring
filing of recall petition; directing form for recall
petition to be prescribed; prohibiting signature s on
petition from being deemed valid if signed outside of
certain time period; requiring a school di strict
board of education to order and fix date for certain
election; requiring certain notification; prohibiting
election from being held within certain time frame ;
providing for filing of declarat ions of candidacy;
providing for incumbent to continue ser ving under
certain condition; providing for seating of incumbent
or successor; providing for codification; providing
an effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-107C of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. A member of a school district board of education may be
removed from office by means of a recall petition demanding the
removal of a board member and the elec tion of a successor to t he
member. The recall petition shall be signed by not less than fifty -
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one percent (51%) of the qualified electors of the board district
based on the total number of votes cast at the l ast board district
election. The recall petiti on shall be filed wi th the school
district board of education. The petition shall contain a specific
statement of the grounds on which removal is sought. The form for
the recall petition shall be prescribed by the State E lection Board.
No signature on a petition shall be de emed valid if signed more than
six (6) months prior to the filing of the petition .
B. Upon presentation of a recall petition as provided for in
subsection A of this section, a school district board of education
shall, within ten (10) days, order and fix a date for holding the
election. The board of education shall notify , by resolution, the
secretary of the county election board as provided for in Sec tion
13A-109 of Title 26 of the Oklahoma Statutes. An election shall not
be held prior to one hundred eighty (180) days after the board of
education member has take n office or within one hundred eighty (1 80)
days before the next board district election.
C. Any member of a school district board of education sought to
be removed pursuant to the provisions of this section may be a
candidate to succeed himself or herself. Candidates wishing to
succeed the member shall file declarations of candidacy in the sa me
place and manner as a general election for a member as provided for
in Section 13A-105 of Title 26 of the Oklahoma Statutes . If after
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the filing period is closed no candidate has filed, the incumbent
member shall continue to serve on the board of educa tion.
D. 1. If the incumbent member is elected, the member shall
continue to serve on the board of education.
2. If an individual other than the incumbent member is elected,
the incumbent shall be deemed removed from office upon or at the
time the winner of the election is declared. The successor shall
assume the office within ten (1 0) days after receiving notification
of the election results. He or she shall hold office for the
unexpired term of the predecessor.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-1085 EB 12/30/2020 1:19:10 PM