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| 3 | + | ENGR. H. A. to ENGR. S. B. NO. 375 Page 1 1 | |
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| 5 | - | An Act | |
| 6 | - | ENROLLED SENATE | |
| 7 | - | BILL NO. 375 By: Howard of the Senate | |
| 28 | + | ENGROSSED HOUSE AMENDME NT | |
| 29 | + | TO | |
| 30 | + | ENGROSSED SENATE BILL NO . 375 By: Howard of the Senate | |
| 8 | 31 | ||
| 9 | 32 | and | |
| 10 | 33 | ||
| 11 | 34 | Newton of the House | |
| 12 | 35 | ||
| 13 | 36 | ||
| 14 | 37 | ||
| 15 | - | An Act relating to elections; amendin g 26 O.S. 2021, | |
| 38 | + | ||
| 39 | + | ||
| 40 | + | [ elections - filing period - date declarations of | |
| 41 | + | candidacy - | |
| 42 | + | emergency ] | |
| 43 | + | ||
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| 49 | + | ||
| 50 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
| 51 | + | and insert: | |
| 52 | + | ||
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 56 | + | "An Act relating to elections; amendin g 26 O.S. 2021, | |
| 16 | 57 | Sections 1-102, 3-101, and 5-110, which relate to | |
| 17 | 58 | primary, regular, and special elections and filin g | |
| 18 | 59 | period; modifying date for primary elections; | |
| 19 | 60 | modifying date for r egular or special elections; | |
| 20 | 61 | modifying filing period for declarations of | |
| 21 | 62 | candidacy; and declaring an emergency. | |
| 22 | 63 | ||
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| 24 | 65 | ||
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| 26 | 67 | ||
| 27 | 68 | BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA: | |
| 28 | - | ||
| 29 | 69 | SECTION 1. AMENDATORY 26 O.S. 2021, Section 1 -102, is | |
| 30 | 70 | amended to read as follows: | |
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| 72 | + | ENGR. H. A. to ENGR. S. B. NO. 375 Page 2 1 | |
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| 31 | 96 | ||
| 32 | 97 | Section 1-102. A Primary Election shall be held on the last | |
| 33 | 98 | third Tuesday in June of each even-numbered year, at which time each | |
| 34 | 99 | political party recognized by the laws of Oklahoma this state shall | |
| 35 | 100 | nominate its candidates for the off ices to be filled at the next | |
| 36 | 101 | succeeding General E lection, unless otherwise provided by law. No | |
| 37 | 102 | candidate’s name shall be printed upon the General Election ballot | |
| 38 | 103 | unless such candidate shall have been nominated as herein provided, | |
| 39 | 104 | unless otherwise provide d by law; provided further that this | |
| 40 | 105 | provision shall not exclude the right of a nonpartisan candidate to | |
| 41 | 106 | have his or her name printed upon the General Election ballo ts. No | |
| 42 | 107 | county, municipality or school district shall schedule an election | |
| 43 | 108 | on any date during the twenty (20) days immediately preceding the | |
| 44 | 109 | date of any such primary election. | |
| 45 | - | ||
| 46 | 110 | SECTION 2. AMENDATORY 26 O.S. 2021, Section 3-101, is | |
| 47 | 111 | amended to read as fo llows: | |
| 48 | - | ||
| 49 | - | ENR. S. B. NO. 375 Page 2 | |
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| 51 | 112 | Section 3-101. A. No election required to be conducted by any | |
| 52 | 113 | county election board shall be scheduled for a day other than | |
| 53 | 114 | Tuesday. | |
| 54 | - | ||
| 55 | 115 | B. Except as otherwise provided by law, no regular or special | |
| 56 | 116 | election to fill an elective office shall be held by any county, | |
| 57 | 117 | school district, technology center school district, munici pality, | |
| 58 | 118 | fire protection district or other politica l subdivision authorized | |
| 59 | 119 | to call elections except as follows: | |
| 60 | - | ||
| 61 | 120 | 1. The second Tuesday of February in any year; | |
| 62 | 121 | ||
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| 63 | 147 | 2. The first Tuesday of April in any year; | |
| 64 | - | ||
| 65 | 148 | 3. The date of any regularly scheduled statewide st ate or | |
| 66 | 149 | federal election in an even-numbered year; | |
| 67 | - | ||
| 68 | 150 | 4. The second Tuesday of September in an odd-numbered year; | |
| 69 | - | ||
| 70 | 151 | 5. The second Tuesday of November in an odd-numbered year; and | |
| 71 | - | ||
| 72 | 152 | 6. The second Tuesday of June of an odd-numbered year for a | |
| 73 | 153 | special election to fill a vacancy. | |
| 74 | - | ||
| 75 | 154 | C. Except as otherwise provided b y law or by Section 1 of this | |
| 76 | 155 | act, no election for any purpose o ther than to fill an elective | |
| 77 | 156 | office shall be held b y any county, school district, technology | |
| 78 | 157 | center school district, municipality, fire protection district or | |
| 79 | 158 | other political subdivision auth orized to call elections except on: | |
| 80 | - | ||
| 81 | 159 | 1. The second Tuesday of Ja nuary, February, May, June, July, | |
| 82 | 160 | August, September, October and November and the first Tuesday in | |
| 83 | 161 | March and April in odd-numbered years; provided, a municipality with | |
| 84 | 162 | a population in excess o f two hundred fifty thous and (250,000) | |
| 85 | - | persons, according to the most recent federal decennial census | |
| 86 | - | Federal Decennial Census, may also hold an election on the second | |
| 87 | - | Tuesday of December in odd-numbered years; and | |
| 88 | - | ||
| 163 | + | persons, according to the most recent Federal Decennial Census, may | |
| 164 | + | also hold an election on the second Tuesday of December in odd- | |
| 165 | + | numbered years; and | |
| 89 | 166 | 2. The second Tuesday of January and February, the first | |
| 90 | 167 | Tuesday in March and April, the last third Tuesday in June, the | |
| 91 | - | ||
| 92 | - | ENR. S. B. NO. 375 Page 3 | |
| 93 | 168 | fourth Tuesday in August, and the first Tuesday after the first | |
| 94 | 169 | Monday in November of any even-numbered year. | |
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| 96 | 196 | D. In the event that a regular or speci al election date occurs | |
| 97 | 197 | on an official state holid ay, the election shall be scheduled for | |
| 98 | 198 | the next following Tuesday. In the event that any day of a | |
| 99 | 199 | candidate filing perio d occurs on a Saturday, Sunday or any official | |
| 100 | 200 | state holiday, that day of the filing period shall be scheduled for | |
| 101 | 201 | the next business day. | |
| 102 | - | ||
| 103 | 202 | E. Notwithstanding a ny other provision of law or any provision | |
| 104 | 203 | of a municipal charter, any municipality, school distr ict, | |
| 105 | 204 | technology center district, county, rural fire protection district, | |
| 106 | 205 | or any other entity seeking to hold a regular or special elec tion to | |
| 107 | 206 | be conducted by a county election board on the same date as a | |
| 108 | 207 | regular or special federal or state election, shall file the | |
| 109 | 208 | resolution calling for the election with the county election board | |
| 110 | 209 | secretary no later than seventy-five (75) days prior to th e election | |
| 111 | 210 | date. A candidate filing period of three (3) days, if so required | |
| 112 | 211 | by the resolution, shall begin no later than ten (10) days following | |
| 113 | 212 | the deadline to file the resolution with the secretary of t he county | |
| 114 | 213 | election board; provided, the filing per iod for such municipal | |
| 115 | 214 | office may be scheduled on the same dates as the filing period for | |
| 116 | 215 | state or federal office to be fi lled at such election. | |
| 216 | + | F. Any school district, technology center district, | |
| 217 | + | municipality, including any municipality governed by chart er, rural | |
| 218 | + | fire protection district or any other entity seeking to hold a | |
| 219 | + | special election for the purpose of filling a vac ancy shall schedule | |
| 117 | 220 | ||
| 221 | + | ENGR. H. A. to ENGR. S. B. NO. 375 Page 5 1 | |
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| 246 | + | a candidate filing period of three (3) days to begin not more th an | |
| 247 | + | twenty (20) days following the date the resolut ion calling the | |
| 248 | + | election is required to be filed with the secretary of the county | |
| 249 | + | election board. | |
| 250 | + | SECTION 3. AMENDATORY 26 O.S. 2021, Section 5-110, is | |
| 251 | + | amended to read as follows: | |
| 252 | + | Section 5-110. Declarations of Candidacy provided herein must | |
| 253 | + | be filed with the secretary of the appropriate elec tion board no | |
| 254 | + | earlier than 8:00 a.m. on the second first Wednesday of April of any | |
| 255 | + | even-numbered year and no later than 5:00 p.m. on the next | |
| 256 | + | succeeding Friday. Such Declarations of Candidacy may be | |
| 257 | + | transmitted by United States mail, but in no event shall the | |
| 258 | + | secretary of any election board accept such Declaratio ns after the | |
| 259 | + | time prescribed by law. | |
| 260 | + | SECTION 4. It being immediately necessary for the preservation | |
| 261 | + | of the public peace, health or safety, an emergency is hereby | |
| 262 | + | declared to exist, by reason whereof this act shall take effect and | |
| 263 | + | be in full force from and after its passage and approval." | |
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| 267 | + | ENGR. H. A. to ENGR. S. B. NO. 375 Page 6 1 | |
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| 292 | + | Passed the House of Representat ives the 26th day of April, 2023. | |
| 293 | + | ||
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| 298 | + | Presiding Officer of the House of | |
| 299 | + | Representatives | |
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| 301 | + | ||
| 302 | + | Passed the Senate the ____ day of _______ ___, 2023. | |
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| 308 | + | Presiding Officer of the Senate | |
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| 311 | + | ENGR. S. B. NO. 375 Page 1 1 | |
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| 336 | + | ENGROSSED SENATE | |
| 337 | + | BILL NO. 375 By: Howard of the Senate | |
| 338 | + | ||
| 339 | + | and | |
| 340 | + | ||
| 341 | + | Newton of the House | |
| 342 | + | ||
| 343 | + | ||
| 344 | + | ||
| 345 | + | ||
| 346 | + | [ elections - filing period - date declarations of | |
| 347 | + | candidacy - | |
| 348 | + | emergency ] | |
| 349 | + | ||
| 350 | + | ||
| 351 | + | ||
| 352 | + | ||
| 353 | + | ||
| 354 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: | |
| 355 | + | SECTION 5. AMENDATORY 26 O.S. 2021, Section 1 -102, is | |
| 356 | + | amended to read as fo llows: | |
| 357 | + | Section 1-102. A Primary Election shall be held on the last | |
| 358 | + | third Tuesday in June of each even-numbered year, at which time each | |
| 359 | + | political party recognized by the laws of Oklahoma this state shall | |
| 360 | + | nominate its candidates for the offices to be fille d at the next | |
| 361 | + | succeeding General Election , unless otherwise provided by law. N o | |
| 362 | + | candidate’s name shall be printed upon the General Election ballot | |
| 363 | + | unless such candidate shall have been nominated as herein provided, | |
| 364 | + | unless otherwise provided by law; provid ed further that this | |
| 365 | + | provision shall not exclude the right of a nonpartisan can didate to | |
| 366 | + | have his or her name printed upon the General Election ballo ts. No | |
| 367 | + | county, municipality or school district shall schedule an election | |
| 368 | + | ||
| 369 | + | ENGR. S. B. NO. 375 Page 2 1 | |
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| 394 | + | on any date during the twenty (2 0) days immediately preceding the | |
| 395 | + | date of any such primary election. | |
| 396 | + | SECTION 6. AMENDATORY 26 O.S. 2021, Section 3-101, is | |
| 397 | + | amended to read as fo llows: | |
| 398 | + | Section 3-101. A. No election required to be conducted by any | |
| 399 | + | county election board shall be scheduled for a day other than | |
| 400 | + | Tuesday. | |
| 401 | + | B. Except as otherwise provided by law, no regular or special | |
| 402 | + | election to fill an elective office shall be held by any county, | |
| 403 | + | school district, technology center school district, municipality, | |
| 404 | + | fire protection district or other political subdivision autho rized | |
| 405 | + | to call elections except as follows: | |
| 406 | + | 1. The second Tuesday of February in any year; | |
| 407 | + | 2. The first Tuesday of April in any year; | |
| 408 | + | 3. The date of any regularly scheduled statewide state or | |
| 409 | + | federal election in an even-numbered year; | |
| 410 | + | 4. The second Tuesday of September in an odd-numbered year; | |
| 411 | + | 5. The second Tuesday of November in an odd-numbered year; and | |
| 412 | + | 6. The second Tuesday of June of an odd-numbered year for a | |
| 413 | + | special election to fill a vacancy . | |
| 414 | + | C. Except as otherwise provided by law or by Section 1 of this | |
| 415 | + | act, no election for any purpose o ther than to fill an elective | |
| 416 | + | office shall be held b y any county, school district, technology | |
| 417 | + | ||
| 418 | + | ENGR. S. B. NO. 375 Page 3 1 | |
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| 442 | + | ||
| 443 | + | center school district, municipality, fire protection district or | |
| 444 | + | other political subdivision authorized to call elections except on: | |
| 445 | + | 1. The second Tuesday of Ja nuary, February, May, June, July, | |
| 446 | + | August, September, October and November and the first Tuesday in | |
| 447 | + | March and April in odd-numbered years; provided, a municipality with | |
| 448 | + | a population in excess of two hundred fifty thousand (250,000) | |
| 449 | + | persons, according to the most recent federal decennial census, may | |
| 450 | + | also hold an election on the second Tuesday of December in odd- | |
| 451 | + | numbered years; and | |
| 452 | + | 2. The second Tuesday of January and February, the first | |
| 453 | + | Tuesday in March and April, the last third Tuesday in June, the | |
| 454 | + | fourth Tuesday in August, and the first Tuesday after the first | |
| 455 | + | Monday in November of any even-numbered year. | |
| 456 | + | D. In the event that a regular or speci al election date occurs | |
| 457 | + | on an official state holiday, the election shall be scheduled fo r | |
| 458 | + | the next following Tuesday. In the event that any day of a | |
| 459 | + | candidate filing perio d occurs on a Saturday, Sunday or any official | |
| 460 | + | state holiday, that day of the filing period shall be scheduled for | |
| 461 | + | the next business day. | |
| 462 | + | E. Notwithstanding any other prov ision of law or any provision | |
| 463 | + | of a municipal charter, any municipality, school distr ict, | |
| 464 | + | technology center district, county, rural fire protection district, | |
| 465 | + | or any other entity seeking to hold a regular or special election to | |
| 466 | + | be conducted by a county elect ion board on the same date as a | |
| 467 | + | ||
| 468 | + | ENGR. S. B. NO. 375 Page 4 1 | |
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| 493 | + | regular or special federal or state election, shall file the | |
| 494 | + | resolution calling for the election with the county election board | |
| 495 | + | secretary no later than seventy-five (75) days prior to the election | |
| 496 | + | date. A candidate filing p eriod of three (3) days, if so required | |
| 497 | + | by the resolution, shall begin no later than ten (10) days following | |
| 498 | + | the deadline to file the resolution with the secretary of t he county | |
| 499 | + | election board; provided, the filing period for such municipal | |
| 500 | + | office may be scheduled on the same dates as the filing period for | |
| 501 | + | state or federal office to be fi lled at such election. | |
| 118 | 502 | F. Any school district, technology center district, | |
| 119 | 503 | municipality, including any municipality governed by charter, rural | |
| 120 | 504 | fire protection district or any other entity seeking to hold a | |
| 121 | 505 | special election for the purpose of filling a vac ancy shall schedule | |
| 122 | 506 | a candidate filing period of three (3) days to begin not more th an | |
| 123 | 507 | twenty (20) days following the date the resolution calling the | |
| 124 | 508 | election is required t o be filed with the secretary of the county | |
| 125 | 509 | election board. | |
| 126 | - | ||
| 127 | - | SECTION 3. AMENDATORY 26 O.S. 2021, Section 5-110, is | |
| 510 | + | SECTION 7. AMENDATORY 26 O.S. 2021, Section 5-110, is | |
| 128 | 511 | amended to read as follows: | |
| 129 | - | ||
| 130 | 512 | Section 5-110. Declarations of Candidacy provided herein must | |
| 131 | 513 | be filed with the secretary of the appropriate elec tion board no | |
| 132 | - | earlier than 8:00 a.m. on the second | |
| 133 | - | even-numbered year and no later than 5:00 p.m. on the next | |
| 134 | - | succeeding Friday. Such Declarations of Candidacy may be | |
| 514 | + | earlier than 8:00 a.m. on the second Wednesday Monday of April of | |
| 515 | + | any even-numbered year and no later than 5:00 p.m. on the next | |
| 516 | + | succeeding Friday Wednesday. Such Declarations of Candidacy may be | |
| 135 | 517 | ||
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| 542 | + | ||
| 137 | 543 | transmitted by United States mail, but in no event shall the | |
| 138 | 544 | secretary of any election board accept such Declaratio ns after the | |
| 139 | 545 | time prescribed by law. | |
| 140 | - | ||
| 141 | - | SECTION 4. It being immediately necessary for the preservation | |
| 546 | + | SECTION 8. It being immediately ne cessary for the preservation | |
| 142 | 547 | of the public peace, health or safety, an emergency is hereby | |
| 143 | 548 | declared to exist, by reason whereof this act shall take effect and | |
| 144 | 549 | be in full force from and after its passage an d approval. | |
| 145 | - | ||
| 146 | - | ||
| 147 | - | ENR. S. B. NO. 375 Page 5 | |
| 148 | - | Passed the Senate the 23rd day of May, 2023. | |
| 550 | + | Passed the Senate the 9th day of March, 2023. | |
| 149 | 551 | ||
| 150 | 552 | ||
| 151 | 553 | ||
| 152 | 554 | Presiding Officer of the Senate | |
| 153 | 555 | ||
| 154 | 556 | ||
| 155 | - | Passed the House of Representatives the 26th day of April, 2023. | |
| 557 | + | Passed the House of Representatives the ____ day of __________, | |
| 558 | + | 2023. | |
| 156 | 559 | ||
| 157 | 560 | ||
| 158 | 561 | ||
| 159 | 562 | Presiding Officer of the House | |
| 160 | 563 | of Representatives | |
| 161 | 564 | ||
| 162 | - | OFFICE OF THE GOVERNOR | |
| 163 | - | Received by the Office of the Governor this _______ _____________ | |
| 164 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 165 | - | By: _______________________________ __ | |
| 166 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 167 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 168 | 565 | ||
| 169 | - | _________________________________ | |
| 170 | - | Governor of the State of Oklahoma | |
| 171 | - | ||
| 172 | - | ||
| 173 | - | OFFICE OF THE SECRETARY OF STATE | |
| 174 | - | Received by the Office of the Secretary of State this __________ | |
| 175 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
| 176 | - | By: _______________________________ __ |