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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 166 By: Prieto
AS INTRODUCED
An Act relating to boards of education; amend ing 26
O.S. 2021, Section 13A -105, which relates to filing
declarations of cand idacy; clarifying filing dates
for candidates in a regular election; providing for
candidate filing in a special election; amending 26
O.S. 2021, Section 13A -110, which relates to board of
education vacancies; directing vacancies to be filled
by election; removing language providing for
vacancies to be filled by appointment; providing
special election process to fill vacancy; removing
language regarding appointment of members; modifying
certain appointment authority; removing language
requiring a special election if vacancy is not filled
within certain time period; 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 -105, is
amended to read as follows:
Section 13A-105. Candidates for member of the board of
education of every school district or technology center school
district shall file declarations of candidacy in the same place and
with the same officials as candidat es for county office. The
declaration of candidacy to be signed by the candidate shall have an
attachment to be signed by the candidate listing the requirements of
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a candidate for election or reelection 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 Statutes, and
the candidate shall swear or affirm that he or she is eligible to
run for the office or serve in the office if elected. Candidates
for a school board office to be filled in the regular election as
provided in subsection A of Section 13A -103 of this title shall file
on the first Monday in December through the following Wednesday.
Candidates for a school board offi ce to be filled in a special
election shall file on a Monday through the following Wednesday that
is at least ten (10) days after the seat has been de clared vacant.
For school districts and technology center school districts located
in more than one count y, filing may be either in the county wherein
supervision of the district is located or in the county where the
candidate resides.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 13A -110, is
amended to read as follows:
Section 13A-110. A. Except as provided for in subsect ion F of
this section, vacancies Vacancies for members of the board of
education of every school district or technology center school
district shall be filled by appointment by the board election for
the balance of the unexpired term.
B. Except as provided for in subsection D of this section,
persons appointed to fill such vacancies in the first half of the
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term of office for the board position shall serve only until the
next succeeding election, at which time the of fice which they hold
shall be placed on the ballot for the balance of the unexpired term.
Vacancies filled by appointment following the delivery of the
resolution calling for regular elections to the secretary of the
county election board shall be filled until the regular elections
the following year. upon notification of a vacancy, the board of
education shall make a vacancy declaration at it s next regularly
scheduled meeting, set the filing dates for declarations of
candidacy, and adopt the resolution calling for a special election
as provided for in Section 13A-109 of this title. If the vacancy is
declared within the first four teen (14) days of November, the board
of education shall use the regular election process provided for in
subsection A of Section 13A-103 of this title to fill the office.
If the vacancy is declared at any other time of the year, the boa rd
of education shall call for a special election as provided for in
subsection C of Section 13A-103 of this title and Section 13A-109 of
this title. The special election shall be held no later than
seventy-five (75) days after t he vacancy is declared , and the
special filing period shall be scheduled as required in subsection D
of Section 13A-109 of this title. Persons elected to fill unexpire d
terms shall begin those terms at the next regular meeting of the
board of education following the election. Persons appointed to
fill such vacancies after the first half of the term of office for
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the board position shall serve for the balance of the une xpired
term.
C. Except as provided for in subsection D of this section, no
person shall be appointed elected to a board of education who does
not meet the eligibility qualifications needed to be a candidate for
such position as provided for in Section 13A -106 of this title and
Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma
Statutes.
D. If after the filing period is closed no candidate for an
open position on a board of education of a school district ha s filed
and therefore a vacancy is cre ated, the vacancy shall be filled by
appointment by the board State Superintendent of Public Instruction .
Persons appointed to fill such vacancies shall not be required to
reside in the board or election district but shall be required to
reside in the school district and to meet the other eligibili ty
qualifications needed to be a candi date for the position as provided
for in Section 13A-106 of this title and Sections 5 -110, 5-110.1,
and 5-113 of Title 70 of the Oklahoma Statutes. Persons appointed
to fill vacancies as provided for in this subsectio n shall be
eligible to serve only for the balance of the term.
E. If the board of education does not fill the vacancy by
appointment within sixty (60) days of the date the board declared
the seat vacant, the boa rd of education shall call a special
election to fill the vacancy for the unexpire d term. The special
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election shall be called on a date established by subsection B of
Section 3-101 of this title, and the special filing period shall be
scheduled as required in subsection D of Section 13A -109 of this
title.
F. If vacancies occur which result in a loss of a majority of
members of the board of education of a school district or technology
center school district, the Governor shall appoint a member or
members necessary to constitute a quorum to the boar d of education
pursuant to the authori ty granted by Section 13 of Article VI of the
Oklahoma Constitution. Such appointment shall be consistent with
the requirements of this section and shall only be for the rem ainder
of the term of office.
SECTION 3. This act shall become ef fective July 1, 2023.
SECTION 4. It being immediately necessary for the 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 a nd after its passage and approval.
59-1-293 EB 1/5/2023 10:49:10 AM