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ENGROSSED SENATE
BILL NO. 347 By: Paxton of the Senate
and
Martinez of the House
An Act relating to elections; stating purpose of
certain prohibition; prohibiting scheduling of
regular or special election by certain entities for
specified time period; amending 26 O.S. 2011, Section
3-101, as last amended by Se ction 1, Chapter 110,
O.S.L. 2018 (26 O.S. Supp . 2020, Section 3-101),
which relates to scheduling of elections; providing
an exception to certain sched uling requirements;
providing for noncodification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
For the purpose of implementation by the State Election Board
and county election boards of new precincts associated with new
district boundaries for United State s Representative, State Senator,
State Representative and County Commission distric ts following the
reapportionment of such districts, no county, school district,
technology center school district, municipality, fire protection
district or other political subdivision authorized to call election s
shall be permitted to schedule a regular or special election
conducted by a county election board on the second Tuesday of
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December 2021, the second Tuesday of January 2022 or the first
Tuesday of March 2022 .
SECTION 2. AMENDATORY 26 O.S. 2011, Section 3 -101, as
last amended by Section 1, Chapter 110, O.S.L. 2018 (26 O.S. Supp.
2020, Section 3-101), is amended to read as follows:
Section 3-101. A. No election required to be conducted by any
county election board shall be scheduled for a day other than
Tuesday.
B. Except as otherwi se provided by law, no regular or special
election 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 autho rized
to call elections except as follows:
1. The second Tuesday of February in any year;
2. The first Tuesday of April in any year;
3. The date of any regularly scheduled statewide state or
federal election in an even -numbered year;
4. The second Tuesday of September in an odd-numbered year; and
5. The second Tuesday of November in an odd-numbered year.
C. Except as otherwise provided by law or by Section 1 of this
act, no election for any purpose other than to fill an elective
office shall be held b y any county, school district, techn ology
center school district, municipality, fire protection district or
other political subdivision authorized to call elections except on:
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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 excess of two hundred fifty thousand (250,000)
persons, according to the most recent federal decennial census, may
also hold an election on the second Tuesday o f 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 Mo nday in
November of any even -numbered year.
D. In the event that a regular or speci al election date occurs
on an official state holiday, the election shall be scheduled for
the next following Tuesday. In the event that any day of a
candidate filing perio d occurs on a Saturday, Sunday or an y 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, school distr ict,
technology center district, cou nty, 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 election, shall file the
resolution calling for the election with the county election board
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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 following
the deadline to file the resolution with the secretary of t he county
election board; provided, the filing period for such municipal
office may be scheduled on the same dates as the filing period for
state or federal office to be fi lled 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 filling a vac ancy shall schedule
a candidate filing period of three (3) days to begin not more th an
twenty (20) days following the date the resolution calling the
election is required to be filed with the secretary of the county
election board.
SECTION 3. It being immediately necessary f or 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 an d approval.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives