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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Leg islature (2023)
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32	32	HOUSE BILL 1918 By: Fugate
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; amending 26 O.S. 2021,
41	41	Section 1-102, 1-103, 1-104 and 3-101, which relates
42	42	to primary elections and election dates; changing
43	43	election dates for certain political parties;
44	44	requiring payment for elections by certain political
45	45	parties; prohibiting certain election dates for
46	46	certain political parties; and providing an ef fective
47	47	date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 26 O.S. 2021, Section 1 -102, is
56	56	amended to read as follows:
57	57	Section 1-102. A. A Except as provided in subsection B of this
58	58	section, a Primary Election shall be held on the last Tuesday in
59	59	June of each even-numbered year, at which time each political party
60	60	recognized by the laws of Oklahoma shall nominate its candidates for
61	61	the offices to be filled at the next succeeding General Election,
62	62	unless otherwise provided by l aw. No candidate's name shall be
63	63	printed upon the General Election ballot unless such candidate shall
64	64	have been nominated as herein provided, unless otherwise provided by
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91	91	law; provided further that this provision sh all not exclude the
92	92	right of a nonpartis an candidate to have his or her name printed
93	93	upon the General Election ballots. No county, municipality or
94	94	school district shall schedule an election on any date during the
95	95	twenty (20) days immediately preceding the date of any such primary
96	96	election.
97	97	B. A political party that has chosen to close its primary and
98	98	does not open its primary to all registered voters shall hold its
99	99	Primary Election on the last Saturday in June of each even -numbered
100	100	year.
101	101	SECTION 2. AMENDATORY 26 O.S. 2021, Section 1-103, is
102	102	amended to read as follows:
103	103	Section 1-103. A. If Except as provided by subsection B of
104	104	this section, if at any Primary Election no candidate for the
105	105	nomination for office of any political party receives a majority of
106	106	all votes cast for all candidates of such party for the office, no
107	107	candidate shall be nominated by such party for the office, but the
108	108	two candidates receiving the highest number of votes at such
109	109	election shall be plac ed on the official ballot as candidates for
110	110	such nomination at a Runoff Primary Election to be held on the
111	111	fourth Tuesday of August in the same year. No county, municipality
112	112	or school district shall schedule an election on any date during the
113	113	twenty (20) days immediately preceding the date of any such Runo ff
114	114	Primary Election.
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141	141	B. A political party that has chosen to close its primary and
142	142	does not open its primary to all registered voters shall hold its
143	143	Runoff Primary Election on the last Saturday in August of the same
144	144	year.
145	145	SECTION 3. AMENDATORY 26 O.S. 2021, Section 1 -104, is
146	146	amended to read as follows:
147	147	Section 1-104. A. No registered voter shall be permitted to
148	148	vote in any Primary Election or Runoff Primary Election of any
149	149	political party except the political party of which his or her
150	150	registration form shows him to be a mem ber, except as otherwise
151	151	provided by this section.
152	152	B. 1. A recognized political party may permit registered
153	153	voters designated as Independents pursuant to the provi sions of
154	154	Section 4-112 of this title to vote in a Primary Election or Runoff
155	155	Primary Election of the party. Any political party that has chosen
156	156	to close its primary and does not open its primary to all registered
157	157	voters shall reimburse the State Election Board and county election
158	158	boards for the costs associated with any election.
159	159	2. The state chairman chairperson of the party shall, between
160	160	November 1 and 30 of every odd-numbered year, notify the Secretary
161	161	of the State Election Board as to whether or not the p arty intends
162	162	to permit registered voters des ignated as Independents to vote in a
163	163	Primary Election or Runoff Primary Election of the party. If the
164	164	state chairman chairperson notifies the Secretary of the State
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191	191	Election Board of the party 's intention to so permit, registered
192	192	voters designated as Independents shall be permitted to vote in any
193	193	Primary Election or Runoff Primary Election of the party held in the
194	194	following two (2) calendar years. If the state chairman chairperson
195	195	of one party notifies the Secre tary of the State Election Boar d of
196	196	the party's intent to so permit, the notificati on period specified
197	197	in this paragraph shall be extended to December 15 for the state
198	198	chairman chairperson of any other party to so notify or to change
199	199	prior notification. A registered voter designated as Independent
200	200	shall not be permitted to vote in a Primary Electio n or Runoff
201	201	Primary Election of more than one party.
202	202	3. Failure to so notify the Secretary of the State Election
203	203	Board shall serve to prohibit allow all registered voters designated
204	204	as Independents from v oting to vote in a Primary Election or Runoff
205	205	Primary Election of the party.
206	206	4. A group of persons seeking to form a recognized political
207	207	party pursuant to the pr ovisions of Section 1 -108 of this title
208	208	shall, upon filing of the petitions seeking recogniti on of the
209	209	political party with the Secretary of the State Election Bo ard,
210	210	notify the Secretary of the State Election Board as to whether or
211	211	not the party intends t o permit registered voters designated as
212	212	Independents to vote in a Primary Election or Runoff Primary
213	213	Election of the party. If the party is recognized and the g roup of
214	214	persons seeking recognition of the party notifies the Secretary of
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241	241	the State Election Board of such intention, registered voters
242	242	designated as Independents shall be permitted to v ote in any Primary
243	243	Election or Runoff Primary Election of the party h eld prior to
244	244	January 1 of the following even -numbered year.
245	245	SECTION 4. AMENDATORY 26 O.S. 2021, Section 3 -101, is
246	246	amended to read as follows:
247	247	Section 3-101. A. No Except as provided in subsection G of
248	248	this section, no election required to be conducted by any county
249	249	election board shall be s cheduled for a day other than Tuesday.
250	250	B. Except as otherwise provided by law, no regular or special
251	251	election to fill an elective office shall be held by any county,
252	252	school district, technolog y center school district, municipality,
253	253	fire protection distri ct or other political subdivision autho rized
254	254	to call elections except as follows:
255	255	1. The second Tuesday of February in any year;
256	256	2. The first Tuesday of April in any year;
257	257	3. The date of any regularly scheduled statewide state or
258	258	federal election in an even-numbered year;
259	259	4. The second Tuesday of September in an odd-numbered year;
260	260	5. The second Tuesday of November in an odd-numbered year; and
261	261	6. The second Tuesday of June of an odd -numbered year for a
262	262	special election to fill a vacancy .
263	263	C. Except as otherwise provided by law or by Section 1 of this
264	264	act, no election for any purpos e other than to fill an elective
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291	291	office shall be held by any county, school district, technology
292	292	center school district, municipality, fire protection district or
293	293	other political subdivision authorized to call elections except on:
294	294	1. The second Tuesday of January, February, May, June, July,
295	295	August, September, October and November and the first Tuesday in
296	296	March and April in odd-numbered years; provided, a municipality with
297	297	a population in excess of two hundred fifty thous and (250,000)
298	298	persons, according to the most recent federal decennial census, ma y
299	299	also hold an election on the second Tuesday of December in odd-
300	300	numbered years; and
301	301	2. The second Tuesday of January and February, the first
302	302	Tuesday in March and April, the l ast Tuesday in June, the fourth
303	303	Tuesday in August, and the first Tuesday after t he first Monday in
304	304	November of any even-numbered year.
305	305	D. In the event that a regular or speci al election date occurs
306	306	on an official state holiday, the election shall be sched uled for
307	307	the next following Tuesday. In the event that any day of a
308	308	candidate filing period occurs on a Saturday, Sunday or any official
309	309	state holiday, that day of the filing period shall be scheduled for
310	310	the next business day.
311	311	E. Notwithstanding any oth er provision of law or any provision
312	312	of a municipal charter, any municipality, s chool district,
313	313	technology center district, county, rural fire protection district,
314	314	or any other entity seeking to hold a regular or special election to
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341	341	be conducted by a count y election board on the same date as a
342	342	regular or special federal or state elect ion, shall file the
343	343	resolution calling for the election with the county election board
344	344	secretary no later than seventy-five (75) days prior to the election
345	345	date. A candidate f iling period of three (3) days, if s o required
346	346	by the resolution, shall begin no later than ten (10) days following
347	347	the deadline to file the resolution with the secretary of t he county
348	348	election board; provided, the filing period for such municipal
349	349	office may be scheduled on the same dates as the filing period for
350	350	state or federal offi ce to be filled at such election.
351	351	F. Any school district, technology center district,
352	352	municipality, including any municipality governed by charter, rural
353	353	fire protection distr ict or any other entity seeking to hold a
354	354	special election for the purpose of fi lling a vacancy shall schedule
355	355	a candidate filing period of three (3) days to begin not more th an
356	356	twenty (20) days following the date the resolution calling the
357	357	election is required to be filed with the secretary of the county
358	358	election board.
359	359	G. A political party that has chosen to close its primary and
360	360	does not open its primary to all registered voters shall not hold
361	361	elections on any of the dates provided for in this section.
362	362	SECTION 5. This act shall become effective November 1, 2023.
363	363
364	364	59-1-6763 LRB 01/17/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1918 Compare Versions