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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. 1823 By: Conley of the House
and
Jett of the Senate
COMMITTEE SUBSTITUTE
An Act relating to elections; amending 11 O.S. 2021,
Sections 16-103, 16-107, 16-109, 16-110, and 16-213,
which relate to municipal elections; modifying
election dates; modifying terms of office; 26 O.S.
2021, Sections 1-101, 1-102, 3-101, 13A-103, 13A-105,
and 13-101.1, which relate to the election code;
authorizing certain election date s as determined by
the legislature; modifying election dates; 70 O.S.
2021, Section 5-107A, 5-110.1, which relate to school
districts and board of edu cation; modifying terms of
office; removing obsolete language; modifying
continuing education requirements ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 16 -103, is
amended to read as follows:
Section 16-103. General municipal elections shall be held in
cities and towns on the first Tuesday after the first Monday in
April November in each odd-numbered year.
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SECTION 2. AMENDATORY 11 O.S. 2021, Section 16-107, is
amended to read as follows:
Section 16-107. A primary election shall be held in cities and
towns on the second Tuesday of February June in each odd-numbered
year, at which time the several politi cal parties shall nominate
candidates for offices which are to be elected at the upcoming
general municipal elect ion.
SECTION 3. AMENDATORY 11 O.S. 2021, Section 16 -109, is
amended to read as follows:
Section 16-109. To be eligible to become a candidate for a
political party nomination in a municipality 's partisan primary
election, or an independent candidate in such municipality's general
election, a person must for at least six (6) months prior to filing
a declaration of candida cy be a registered voter at an address
within the municipality or in the ward if an office is from a ward.
To become a candidate, a declaration of candidacy must be filed with
the county election board no earlier than 8:00 a.m. on the first
Monday in December April and no later than 5:00 p.m. on the next
succeeding Wednesday, in odd-numbered years.
SECTION 4. AMENDATORY 11 O.S. 2021, Section 16 -110, is
amended to read as follows:
Section 16-110. A candidate may have his or her na me printed
upon the nonpartisan general munici pal election ballot as candidate
for any office to be filled at the election. To become a candidate,
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a declaration of candidacy must be filed with the county election
board no earlier than 8:00 a.m. on the first Monday in February
April and no later than 5:00 p.m. on the next succeeding Wednesday ,
in odd-numbered years. A candidate must also be a registered voter
at an address within the municipality, or of the ward w here the
office is from a ward for at least six (6) months prior to filing a
declaration of candidacy. Filing as a candidate in a nonpartisan
municipal election or voting for such candidate shall not affect
one's party affiliation or regularity.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 1-101, is
amended to read as follows:
Section 1-101. A. On the first Tuesday succeed ing the first
Monday of November, 1976, and every four (4) years thereafter, a
General Election shall be held, at which time electors for President
and Vice President shall be elected. On said dat e, and every two
(2) years thereafter, United States Senato rs and United States
Representatives, whose terms expire before the next succeeding
General Election, and state, district and county officers, whose
terms expire before the next succeeding General Election, shall be
elected. No county, municipality or sch ool district shall schedule
an election on any date during the twenty (20) days immediately
preceding the date of any such General El ection.
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B. On the first Tuesday after the first Monday in November of
every odd-numbered year, and every two (2) years thereafter, a
General Election may be held as determined by the Legislature.
SECTION 6. AMENDATORY 26 O.S. 202 1, Section 1-102, is
amended to read as follows:
Section 1-102. A. A Primary Election shall be held on the last
Tuesday in June of each even-numbered year, at which time each
political party recognized by the laws of Oklahoma shall nominate
its candidates for the offices to be filled at the next succeeding
General Election, unless otherwise provided by law. No candidate 's
name shall be printed upon the General Election ballot unless such
candidate shall have been nominated as herein provided, unless
otherwise provided by law; provided further that this provision
shall not exclude the right of a nonpartisan candidate to have his
or her name printed upon the General Election ballots. No county,
municipality or school district shall schedule an election on any
date during the twenty (20) days immediately preceding the da te of
any such primary election.
B. On the second Tuesday of June of every odd-numbered year,
and every two (2) years thereafter, a Primary Election may be held
as determined by the Legislature.
SECTION 7. AMENDATORY 26 O.S. 2021 , Section 3-101, is
amended to read as follows:
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Section 3-101. A. No election required to be conducted by any
county election board shall be s cheduled 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, municipality,
fire protection distri ct or other political sub division authorized
to call elections except as follows:
1. The second Tuesday of Febru ary 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;
5. The second first Tuesday after the first Monday of November
in an odd-numbered year; and
6. The second Tuesday of June of an odd-numbered year for a
special election to fill a vacancy .
C. Except as otherwise provided by law or by Section 1 of this
act Enrolled Senate Bill No. 347 of the 1st Session of the 58th
Oklahoma Legislature , no election for any purpose other than to fill
an elective office shall be held b y any county, school distric t,
technology 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 the first Tuesday after the first
Monday in 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 of 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 special election date occurs
on an official state holiday, the elec tion 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 any official
state holiday, that day of the f iling 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, county, 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 s o 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 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 mo re than
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 8. AMENDATORY 26 O.S. 2021, Section 13A-103, is
amended to read as fo llows:
Section 13A-103. A. 1. The general election of members of the
board of education of every school district and te chnology center
school district shall be conduct ed on the first Tuesday of April
after the first Monday in November of each odd-numbered year, and
every two (2) years thereafter.
2. The primary election of members of the board of education of
every school district and technology c enter school district, if
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necessary, shall be conducted on the second Tuesday in February June
of each odd-numbered year, except in any year when a Presidential
Preferential Primary is held in February, then the election shall be
held on the same day as th e Presidential Preferential Primary .
3. If only two candidates qualify to have the ir 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 all such candidates shall appe ar
on the ballot at the b oard of education primary election. A
candidate receiving more tha n fifty percent (50%) of the votes cast
in the board of education primary electio n shall be elected to the
office. 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 educ ation general election.
B. Elections on the question of making a levy or levies fo r
schools under Section 9 , Section 9B or Section 10 of Article X of
the Oklahoma Constitutio n shall be held on the second Tuesday in
February of each year, except in any yea r when a Presidential
Preferential Primary is held in February, then the election s hall be
held on the same day as the Presidential Preferential Primary.
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C. The board of educ ation of every school district or
technology center school district may call a sp ecial election for
the purpose of voting on any matter or question authorized by la w.
SECTION 9. AMENDATORY 26 O.S. 2021, Section 13A -105, is
amended to read as follows:
Section 13A-105. Candidates for member of the board of
education of every school district or technolog y center school
district shall file decl arations of candidacy in the same place and
with the same officials as candidates for coun ty office. The
declaration of candidacy to be signed by the candidate shall have a n
attachment to be signed by the candidate listing the requirements of
a candidate for election or reelectio n to a school board as set
forth in Sections 13A -106 and 5-105a of this title and Sections 5-
110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Sta tutes, and
the candidate shall swear or aff irm that he or she is eligible to
run for the office or serve in the office if elected. Candidates
shall file on the first Monday in December April through the
following Wednesday, in odd-numbered years. For school districts
and technology center school districts located in more than one
county, filing may be either in the county wherein supervision of
the district is located or in the county where the candidate
resides.
SECTION 10. AMENDATORY 26 O.S. 2021, Section 13 -101.1,
is amended to read as follows:
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Section 13-101.1 No county election bo ard shall be required to
conduct elections for any municipality on a date other than an
election date identified in subsection B of Section 3 -101 of this
title. Municipalities that hold both primary and general elections,
in addition to scheduling electio ns on dates identified in Section
Sections 1-101, 1-102, 3-101, 13A-103, and 13-101.1 of this title,
shall provide no fewer than thirty -five (35) days between the
primary and general electio ns.
SECTION 11. 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 membe rs of the board of educat ion for a
school district:
A. For purposes of this section, 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 board. The number and term of each b oard of
education shall be as follows:
District Members Term (Years)
Elementary 3 3 4
Independent
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1. Districts having a five -member
board 5 5 4
2. Districts having a seven-
member board unless an
election is conducted
pursuant to subsection C of
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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 following
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 distr icts. Beginning with
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 Census
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
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compact, contiguous and shall be a s 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 school year may choo se not to
establish board districts and may nominate 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 outlyi ng area with
such outlying area comprising no more than twenty
percent (20%) of the population of such independent
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 least 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
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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 vac ant and such vacancy
shall be filled as provided in Section 13A-110 of Title 26 of the
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 election 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 expir ing or
in which a vacancy exists shall s elect two candidates
from among the candidates 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 the
greatest number of votes s hall become the candidates
for the board district in the general election, and
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c. At the run-off election, all of the electors of the
board district shall select one of the two candi dates
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 electors of the school district to take
such action pursuant to Section 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 petitio n
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 o f the county election board, who shall
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 sa me 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 resolut ion or by lot which board 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.
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Election of the resulting board members shall be carried out
according to procedures state d 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 ed ucation elected
pursuant to Section 1 of this act, offices of members of t he board
of education shall be designated by consecutive numbers and shall
correspond with board districts when applicable.
E. Except for those members elected prior to July 1, 1992, the
2024:
1. The terms of office of the members o f a five-member board of
education shall be staggered and commence on the first regular,
special or emergency school board meeting after the date o f the
annual school election and after the member has been certified as
elected as follows:
Office No. 1 1991 2025
Office No. 2 1992 2025
Office No. 3 1993 2027
Office No. 4 1994 2027
Office No. 5 1995 2029
2. The terms of office of the members of a seven -member board
of education shall be staggered, with one member being elected in
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1991 , two members being elected in 1992 two members being elected
in 1993 and two members being elected in 1994 and shall commence on
the first regular, special or emergency s chool 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 a nd one for a
one-year term, as determ ined by the local board. as follows:
Office No. 1 2025
Office No. 2 2025
Office No. 3 2027
Office No. 4 2027
Office No. 5 2027
Office No. 6 2029
Office No. 7 2029
If a seven-member board is formed upon consolidation pursuant to
Section 7-105 of this title, or upon annexation pursuant to Section
7-101 of this title, the f ormation agreement shall specify initial
short terms as necessary to extend until the beginning of the
regular terms for seven-member boards established herein.
Upon reduction of a seven -member board pursuant to subsection C
of this section, the terms of t he five-member board shall be
staggered pursuant to this subsection.
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One member of a three -member board of education shall be elected
each year, and the terms of office shall commence on the first
regular, special or emergency school board meeting after th e member
has been certified as elected.
3. The terms of office of the members of a three-member board
of education shall be staggered, and 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 as follows:
Office No. 1 2025
Office No. 2 2027
Office No. 3 2029
F. The term of office of each board member elected after July
1, 1992 2024, 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 electe d. Board
members elected prior to July 1, 1992 2024, may remain in office
until their successor is elected an d seated pursuant to Sections
13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The
remaining term of any member who completes the te rm for which the
member was elected but not wishing to serve until the succes sor of
the member takes office on the first regular, special or em ergency
school board meeting after the successor has been certified as
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elected, shall be filled by appointment by the remaining members of
the board of education.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 5 -110.1, is
amended to read as follows:
Section 5-110.1 A. In addition to the requirements of Section
5-110 of this title, every membe r of a school district board of
education elected to a full term of office of five (5) years or more
shall be required to attend a minimum of fifteen (15) hours of
continuing education , each member elected to a full four-year term
of office shall be requir ed to attend a minimum of twelve (12) hours
of continuing education, and each member elected to a full three -
year term of office shall be required to attend a minimum of nine
(9) hours of continuing education, prior to the date set for filing
for reelection to that respective board seat. The continuing
education courses, workshops , seminars, conferences, and conven tions
which shall satisfy the continuing education requirement shall be
approved jointly by the State D epartment of Education and the
Oklahoma Department of Career and Technology Education.
B. Local and state continuing education programs conducted
pursuant to the provisions of this section shall be held in all
regions of the state at institutions of highe r learning, area
technology centers or ot her approved sites. Notice of such courses
and seminars shall be provided to all school board members and to
the public schools.
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C. This section shall not apply to those school board members
who file for reelectio n prior to July 1, 1991.
D. If a school board member has not satisfied the continuing
education requirements of this section, the school district board of
education shall declare the seat of the member vacant within sixty
(60) days of the final date that the member has to complete the
requirements as indicated by receipt of the certified notice from
the State Board of Ed ucation as provided for pursuant to Section 5-
110.2 of this title and shall fill the vacancy according to law. As
determined by the State Board of Education pursuant to Section 5 -
110.2 of this title, failure by a board member to satisfy the
continuing education requirements of this section shall result in
the ineligibility of the member to be reappointed to, run for
reelection to or to hold that respective board seat on the school
district board of education or to run for election to or to hold any
other board seat on the board of education for a two-year period.
E. D. The State Department of Education, the Oklahoma
Department of Career and Technology Education, and any organizati on
approved by the State Board of Education, including but not limited
to institutions of higher education, may cha rge persons attending
continuing education courses a registration fee sufficient to defray
the estimated costs of presenting the course. The registration fees
for each course shall be announced prior to the date of su ch course.
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F. E. Any member of a school district board of education who
attends and completes a course which satisfies in part or in full
the requirements of this section shall b e reimbursed by the school
district for expenses incurred. In addition, a sc hool district
board of education may reim burse members of the board of education
for expenses incurred in registering and attending board member
training programs or activities ap proved by the board which are in
addition to the minimum school board trainin g requirements
established by law.
SECTION 13. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
03/01/2023 - DO PASS, As Amended and Coauthored.