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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1372 By: West (Tammy)
COMMITTEE SUBSTITUTE
An Act relating to elections; amending 26 O.S. 2021,
Section 13A-103, which relates to dates of board of
education elections; directing members to be seated
at the first meeting followi ng the April election
date; amending 70 O.S. 2021, Section 5-119, which
relates to the election of board of education
officers; directing such election to take place at
certain meeting; updating statutory refer ence;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A -103, is
amended to read as follows:
Section 13A-103. A. 1. The general election of members of t he
board of education of every s chool district and technology center
school district shall be conducted on the first Tuesday of April of
each year.
2. The primary election of members of the board of educatio n of
every school district and technology center school district, if
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necessary, shall be conducted on the second Tuesday in February of
each year, except in any year when a Presidential Preferential
Primary is held in February, then the election shall be h eld on the
same day as the Presidential Preferen tial Primary.
3. If only two candidates qualify to have their names appear on
the ballot, the names of both candidates shall appear on the ballot
at the board of education general election.
4. If more than two candidates qualify to have their names
appear on the ballot, the names of al l such candidates shall appear
on the ballot at the board of education p rimary election. A
candidate receiving more than fifty p ercent (50%) of the votes cast
in the board of education primary election shall be elected to t he
office and shall be seated at the first meeting following the April
election date and certification. If no candidate receives more than
fifty percent (50%) of the votes cast in the board of education
primary election, then the two candidates with the highest number of
votes shall appear on the ballot at the board of education general
election.
B. Elections on the question of making a levy or levies for
schools under Section 9, Section 9B or Section 10 of Article X of
the Oklahoma Constitution shall be held on the second Tuesday in
February of each yea r, except in any year when a Presidential
Preferential Primary is held in February, then the election shall be
held on the same day as the Presidential Preferential Primary.
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C. The board of education of every school distric t or
technology center school di strict may call a special election for
the purpose of voting on any matter or question authorized by law.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -119, is
amended to read as follows:
Section 5-119. A. Except for districts t hat elect a chair of
the board pursuant to Section 1 of this act 5-107B of this title,
the board of education of eac h school district shall elect f rom its
membership at the fi rst regular, special or emergency meeting
following the annual April school election date and certification of
election of new members, a president and vice president, each of
whom shall serve for a term of one (1) year and unti l a successor is
elected and qualified. The board shall also elect a clerk a nd, in
its discretion, a deputy clerk, either of whom may be one of the
members of the board, and each of whom shall hold office during the
pleasure of the board and each of whom shall receive such
compensation for ser vices as the board may allow. If the board
elects a board clerk who i s not one of the members of the board, the
board clerk may also be employed as the encumbrance clerk and minute
clerk. Provided, no superintendent , principal, treasurer or
assistant treasurer, instructor, or teacher employe d by such board
shall be elected or serve as clerk or deputy clerk of the board nor
as encumbrance clerk or minute clerk except that a treasurer or
assistant treasurer may serve a s a minute clerk. No board member
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shall serve as encumbrance clerk or minute clerk. The deputy clerk
may perform any of the duties and exercise any of the powers of the
clerk with the same force and effect as if the same we re done or
performed by the cle rk. Before entering upon the discharge of the
duties of the deputy clerk, th e deputy clerk shall give a bond in a
sum of not less than One Thousand Dollars ($1,00 0.00) with good and
sufficient sureties to be approved by the board conditioned for the
faithful performance of the duties of the de puty clerk.
B. The board of education shall employ an encumbrance cle rk and
minute clerk, both functions of which may be pe rformed by the same
employee. The encumbrance clerk shall kee p the books and documents
of the school district and perform such othe r duties as the board of
education or its committees may require. The minute clerk shall
keep an accurate journal of the pr oceedings of the board of
education and perform such other dut ies as the board of education o r
its committees may require. The boar d of education may designate a
deputy minute clerk. The deputy minute clerk may perform any of the
duties and exercise any of the powers of the minute clerk with the
same force and effect as if the same were done or performed by the
minute clerk. Before entering upon the discharge of the dut ies of
the deputy minute clerk, the deputy minute clerk shall give a bond
in a sum of not less than One Thousand Dollars ($1,000.00) with good
and sufficient sureties to be approv ed by the board conditioned for
the faithful performance of the duties of the deputy minute clerk.
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Before entering upon the discharge of their duties, the encumbr ance
clerk and minute clerk shall each give a bond in a sum of not less
than One Thousand Dol lars ($1,000.00) with good and sufficie nt
sureties to be approved by the boar d conditioned for the faithful
performance of their duties. If both functions are per formed by the
same person only one bond in a sum of not less t han One Thousand
Dollars ($1,000.00) shall be required.
SECTION 3. This act shall become ef fective July 1, 2023.
SECTION 4. It being immediately necessary for t he preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from an d after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/22/2023 - DO PASS, As Amended.