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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. 2685 By: Hays
COMMITTEE SUBSTITUTE
An Act relating to elections; amending 26 O.S. 2021,
Section 3-101, which relates to election dates;
modifying dates for certain elections; p roviding
exception; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, 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 for any purpose shall be held by
any county, school district, technology center school di strict,
municipality, fire protection dist rict or other political
subdivision authorized to call elections except as follows:
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1. The second Tuesday of February in any year;
2. The first Tuesday of Ap ril in any year;
3. The date of any regularly schedule d statewide state or
federal election in an even-numbered year as provided in Sections 1 -
101, 1-102, 1-103, and 20-101 of this title;
4. The second Tuesday of September August 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, no election for any purpose other t han to fill an elective
office shall be held by any county, school district, technology
center school district, municipali ty, fire protection district or
other political subdivision authorized to call elections except on A
special election called by the Governor pursuant to law shall only
be set on the following dates:
1. The second Tuesday of January, February, May, June, July,
August, September, and October and November and the first Tuesday in
March and April, and the first Tuesday after the first Monday in
November in odd-numbered years; provided, a municipality with a
population in excess of two hundred fifty thousand (250, 000)
persons, according to th e most recent federal decennial census, may
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also hold an election o n 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 Monday in
November of any even-numbered year and the date of any regularly
scheduled state or federal election as provided in Sections 1-101,
1-102, 1-103, and 20-101 of this title.
D. In the event that a regular or special election date occurs
on an official state holi day, the election shall be scheduled 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 other provis ion 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 ele ction to
be conducted by a county electio n board on the same date as a
regular or special federal or state elect ion, shall file the
resolution calling for the election wi th the county election board
secretary no later than seventy-five (75) days prior to t he election
date. A candidate filing per iod of three (3) days, if so required
by the resolution, shall begin no later than ten (10) days following
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the deadline to file t he resolution with the secretary of the county
election board; provided, the filing pe riod 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 e lection.
F. Any school district, technology center district,
municipality, including any municipality governed by char ter, rural
fire protection district or an y other entity seeking to hold a
special election for the purpose of fi lling a vacancy shall sch edule
a candidate filing period o f three (3) days to begin not more than
twenty (20) ten (10) days following the date the resolu tion 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, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
03/01/2023 - DO PASS, As Amended.