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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 982 By: Dahm
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2011,
Section 3-101, as last amended by S ection 1, Chapter
110, O.S.L. 2018 (26 O.S. Supp. 2020, Section 3-101),
which relates to dates of elections held by political
subdivisions; modifying dates upon which certain
elections may be held; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 otherwise 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, munici pality,
fire protection district or other political subdivision authorized
to call elections except as follows:
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1. The second Tuesday of February March in any year other than
a presidential election year ;
2. The first Tuesday of April in any year date of the
Presidential Preferential Primary election in a presidential
election year, as set forth in Section 20 -101 of this title;
3. The date of any regularly scheduled s tatewide state or
federal election in an even-numbered year;
4. The second Tuesday of September June and the second Tuesday
of August in an odd-numbered year; and
5. The second Tuesday of November in an odd -numbered year.
C. Except as otherwise provided by law, no election for any
purpose other than an election to fill a vacancy in an elective
office shall may only be held by any county, school district,
technology center school district, municipality , fire protection
district or other political subdivis ion authorized 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 excess of two hundred fifty thousand (250,000)
persons, according to the most recent fe deral decennial census, may
also hold an election on the second Tuesday of December in odd -
numbered years; and
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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.
D. In the event that a regular or special election date occurs
on an official state hol iday, the election shall be scheduled for
the next following Tuesday. In the event tha t any day of a
candidate filing period occurs on a Saturday, Sunday or any official
state holiday, that day of the filing period shall be scheduled for
the next business day.
E. Notwithstanding any other p rovision of law or any provision
of a municipal charter, any municipality, school district,
technology center district, county, rural fire protection district,
or any other entity seeking to hold a regular or special el ection to
be conducted by a county el ection 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
secretary no later than seventy -five (75) days prior to the election
date. A candidate filin g 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 the county
election board; provided, the filing p eriod for such municipal
office may be scheduled on the same dates as the filing period for
state or federal office to be filled at such election.
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F. Any school district, technology center district,
municipality, including any municipality governed by cha rter, rural
fire protection district or any other entity seeking to hold a
special election for the purpose of filling a vacancy shall schedule
a candidate filing period of three (3) days to begin not more than
twenty (20) days following the date the resol ution calling the
election is required to be filed with the secretary of the county
election board.
SECTION 2. This act shall become effective November 1, 20 21.
58-1-1206 TEK 1/21/2021 8:12:30 PM