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STATE OF OKLAHOMA
1st Session of the 59th Leg islature (2023)
HOUSE BILL 1918 By: Fugate
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 1-102, 1-103, 1-104 and 3-101, which relates
to primary elections and election dates; changing
election dates for certain political parties;
requiring payment for elections by certain political
parties; prohibiting certain election dates for
certain political parties; and providing an ef fective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 1 -102, is
amended to read as follows:
Section 1-102. A. A Except as provided in subsection B of this
section, 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 l aw. 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
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law; provided further that this provision sh all not exclude the
right of a nonpartis an 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 date of any such primary
election.
B. A political party that has chosen to close its primary and
does not open its primary to all registered voters shall hold its
Primary Election on the last Saturday in June of each even -numbered
year.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 1-103, is
amended to read as follows:
Section 1-103. A. If Except as provided by subsection B of
this section, if at any Primary Election no candidate for the
nomination for office of any political party receives a majority of
all votes cast for all candidates of such party for the office, no
candidate shall be nominated by such party for the office, but the
two candidates receiving the highest number of votes at such
election shall be plac ed on the official ballot as candidates for
such nomination at a Runoff Primary Election to be held on the
fourth Tuesday of August in the same year. No county, municipality
or school district shall schedule an election on any date during the
twenty (20) days immediately preceding the date of any such Runo ff
Primary Election.
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B. A political party that has chosen to close its primary and
does not open its primary to all registered voters shall hold its
Runoff Primary Election on the last Saturday in August of the same
year.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 1 -104, is
amended to read as follows:
Section 1-104. A. No registered voter shall be permitted to
vote in any Primary Election or Runoff Primary Election of any
political party except the political party of which his or her
registration form shows him to be a mem ber, except as otherwise
provided by this section.
B. 1. A recognized political party may permit registered
voters designated as Independents pursuant to the provi sions of
Section 4-112 of this title to vote in a Primary Election or Runoff
Primary Election of the party. Any political party that has chosen
to close its primary and does not open its primary to all registered
voters shall reimburse the State Election Board and county election
boards for the costs associated with any election.
2. The state chairman chairperson of the party shall, between
November 1 and 30 of every odd-numbered year, notify the Secretary
of the State Election Board as to whether or not the p arty intends
to permit registered voters des ignated as Independents to vote in a
Primary Election or Runoff Primary Election of the party. If the
state chairman chairperson notifies the Secretary of the State
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Election Board of the party 's intention to so permit, registered
voters designated as Independents shall be permitted to vote in any
Primary Election or Runoff Primary Election of the party held in the
following two (2) calendar years. If the state chairman chairperson
of one party notifies the Secre tary of the State Election Boar d of
the party's intent to so permit, the notificati on period specified
in this paragraph shall be extended to December 15 for the state
chairman chairperson of any other party to so notify or to change
prior notification. A registered voter designated as Independent
shall not be permitted to vote in a Primary Electio n or Runoff
Primary Election of more than one party.
3. Failure to so notify the Secretary of the State Election
Board shall serve to prohibit allow all registered voters designated
as Independents from v oting to vote in a Primary Election or Runoff
Primary Election of the party.
4. A group of persons seeking to form a recognized political
party pursuant to the pr ovisions of Section 1 -108 of this title
shall, upon filing of the petitions seeking recogniti on of the
political party with the Secretary of the State Election Bo ard,
notify the Secretary of the State Election Board as to whether or
not the party intends t o permit registered voters designated as
Independents to vote in a Primary Election or Runoff Primary
Election of the party. If the party is recognized and the g roup of
persons seeking recognition of the party notifies the Secretary of
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the State Election Board of such intention, registered voters
designated as Independents shall be permitted to v ote in any Primary
Election or Runoff Primary Election of the party h eld prior to
January 1 of the following even -numbered year.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 3 -101, is
amended to read as follows:
Section 3-101. A. No Except as provided in subsection G of
this section, 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, technolog y center school district, municipality,
fire protection distri ct 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;
5. The second Tuesday 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, no election for any purpos e other than to fill an elective
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office shall be held by any county, school district, technology
center school district, municipality, fire protection district or
other political subdivision 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 thous and (250,000)
persons, according to the most recent federal decennial census, ma y
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 l ast Tuesday in June, the fourth
Tuesday in August, and the first Tuesday after t he first Monday 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 sched uled for
the next following Tuesday. In the event that 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 oth er provision of law or any provision
of a municipal charter, any municipality, s chool district,
technology center district, county, rural fire protection district,
or any other entity seeking to hold a regular or special election to
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be conducted by a count y election board on the same date as a
regular or special federal or state elect ion, 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 f iling 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 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 offi ce to be filled at such election.
F. Any school district, technology center district,
municipality, including any municipality governed by charter, rural
fire protection distr ict or any other entity seeking to hold a
special election for the purpose of fi lling a vacancy 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.
G. A political party that has chosen to close its primary and
does not open its primary to all registered voters shall not hold
elections on any of the dates provided for in this section.
SECTION 5. This act shall become effective November 1, 2023.
59-1-6763 LRB 01/17/23