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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 375 By: Howard of the Senate
and
Newton of the House
COMMITTEE SUBSTITUTE
An Act relating to elections; amendin g 26 O.S. 2021,
Sections 1-102, 3-101, and 5-110, which relate to
primary, regular, and special elections and filin g
period; modifying date for primary elections;
modifying date for regular or sp ecial elections;
modifying filing period for declarations of
candidacy; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 1 -102, is
amended to read as follows:
Section 1-102. A Primary Election shall be held on the last
third Tuesday in June of each even-numbered year, at which time each
political party recognized by the laws of Oklahoma this state shall
nominate its candidates for the offices to be f illed 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,
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unless otherwise provided by law; pr ovided further that this
provision shall not exclude the right of a nonpartisan candidate to
have his or her name printed upon the General Election ballo ts. No
county, municipality or school district shall schedule an election
on any date during the twent y (20) days immediately preceding the
date of any such primary election.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 3-101, is
amended to read as fo llows:
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 shall be held by any county,
school district, technology center school district, municipality,
fire protection district 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 vacan cy.
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C. Except as otherwise provided by law or by Section 1 of this
act, no election for any purpose o ther than to fill an elective
office shall be held b y 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 Ja nuary, 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, 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 third Tuesday in June, the
fourth Tuesday in August, and the first Tuesday after the 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 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 filing period shall be scheduled for
the next business day.
E. Notwithstanding a ny other provision of law or any provision
of a municipal charter, any municipality, school distr ict,
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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
secretary no later than seventy-five (75) days prior to the election
date. A candidate filing period of three (3) days, if so 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 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 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.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 5-110, is
amended to read as follows:
Section 5-110. Declarations of Candidacy provided herein must
be filed with the secretary of the appropriate elec tion board no
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earlier than 8:00 a.m. on the second first Wednesday of April of any
even-numbered year and no later than 5:00 p.m. on the next
succeeding Friday. Such Declarations of Candidacy may be
transmitted by United States mail, but in no event shall the
secretary of any election board accept such Declaratio ns after the
time prescribed by law.
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 this act shall take effect and
be in full force from and after its passage and approval.
59-1-8095 LRB 04/03/23