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SENATE FLOOR VERSION
February 21, 2023
SENATE BILL NO. 1085 By: Dahm
An Act relating to school board elections; amending
70 O.S. 2021, Section 5 -107A, which relates to
election procedure of boards of education of school
districts; modifying dates for reapportionment of
certain districts; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -107A, is
amended to read as follows :
Section 5-107A. The following provisions and the provisions of
Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall
govern the election of members of the bo ard of education for a
school district:
A. For purposes of this section, temporary positions added to a
board of education pursua nt to Section 7-101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section
1 of this act shall not be considered in determining the size of the
board. The number and term o f each board of education shall be as
follows:
District Members Term (Years)
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Elementary 3 3
Independent
1. Districts having a five -member
board 5 5
2. Districts having a s even-
member board unless an
election is conducted
pursuant to subsection C of
this section 7 4
B. In all school districts, the me mbers of the board of
education shall be elected as follows:
1. a. Between August 1 April 8 and December 31 August 31 of
the year following the submission by the United States
Department of Commerce to the P resident of the United
States of the official Fed eral Decennial Census, the
board of education shall reapportion the territory of
the school district into board districts. Beginning
with the reapportionmen t following the 1990 Federal
Decennial Census, all boundaries of board districts
shall follow clearly visible, definable and observable
physical boundaries which are based upon criteria
established and recognized by the Bur eau of the Census
of the United States Department of Commerce for
purposes of defining census blocks for its decennial
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census and shall follow, as much as is possible,
precinct boundaries. Board districts shall be
compact, contiguous and shall be as equal in
population as practical with not more than a ten
percent (10%) variance between the most populous and
least populous board distr icts.
b. School districts having fewer than one thousand eight
hundred (1,800) students in average daily membership
during the preceding school year may choo se not to
establish board districts and may nomina te and elect
all board members at large.
c. Elementary school districts shall have board members
elected at large.
d. A city located in an independent school district
having four or more wards and an outlyi ng area with
such outlying area comprising no more than twenty
percent (20%) of the population of s uch independent
school district, then such independent school district
may adopt such wards and outlying area in lieu of the
board districts provided for in subparagraph a of this
paragraph, and at least one member of the board of
education of such indepen dent school district shall be
a member of each ward; and
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2. One member of the board of education shall be elected by the
electors of the school district to represent each such board
district. Provided, how ever, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect board members to represent that bo ard
district, that district shall elect board members in that manner.
If during the term of office to which a person was elected, th at
member ceases to be a resident of the board district for which the
person was elected, the office shall become vacant and such vacancy
shall be filled as provided in Section 13A -110 of Title 26 of the
Oklahoma Statutes; and
3. In a school district havi ng more than ten thousand (10,000)
children in average daily membership, the following provision and
the provisions of Secti on 13A-101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to electio n of the members of the
school district’s board of education:
a. There shall be held an election in which the electors
of each board district in which a term is expiring or
in which a vacancy exists shall s elect two candidates
from among the candidates for board member to
represent the board district,
b. If, in the election, one candidate has a majority of
all votes cast, then a run -off election is not
required. If no candid ate receives a majority of all
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votes cast, then the two candidates receiving the
greatest number of votes shall become the candidate s
for the board district in the general election, and
c. At the run-off election, all of the electors of the
board district shall select one of the two candi dates
as the member of the board of education repr esenting
the board district.
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after approval of a board
resolution or a vote of the electors of the school district to take
such action pursuant to Section 13A-109 of Title 26 of the Oklahoma
Statutes. The election pursuant to a vote of the electors of the
school district shall be called upon the submission of a petition
requesting the election signed by ten percent (10%) of the school
district electors in t he school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary o f the county election board, who shall
certify the adequacy of the number of signatures on the peti tion.
If the question is put before the voters of the district, such
election shall be held along with and at the same time and place as
the next school election if all requirements of Section 13A -101 et
seq. of Title 26 of the Oklahoma Statutes for such election are met.
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After such resolution or election, the board shall reapportion
the district, determining by resolution or by lot which board member
offices shall be abolished at the end of the current boar d member’s
term and which shall become one of the offices of the new board.
Election of the resulting board members shall be carried out
according to procedures stated in th is section and Section 13A -101
et seq. of Title 26 of the Oklahoma Statutes.
School board members currently serving in offices aboli shed
pursuant to this subsection shall continue serving until the end of
their current terms as at -large members.
D. Except for the chair of the board of ed ucation elected
pursuant to Section 1 of this act, offices of members of the board
of education shall be designated by consecutive numbers and shall
correspond with board districts when applicable.
E. Except for those memb ers elected prior to July 1, 1992 , the
terms of office of the members of a five -member board of education
shall commence on the firs t regular, special or emergency school
board meeting after the date of the annual school election and after
the member has been certified as elected:
Office No. 1 1991
Office No. 2 1992
Office No. 3 1993
Office No. 4 1994
Office No. 5 1995
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The terms of office of the members of a seven -member board of
education shall be staggered, with one member being elected in 1991,
two members being elected in 1992, two mem bers being elected in 1993
and two members being e lected in 1994 and shall commence on the
first regular, special or emergency school board meeting after the
date of the annual school election and after the member has been
certified as elected; provided, i n districts needing to elect two
members in 1991 to maintain a full complement of board members, tw o
members shall be elected in 1991, one for a full term and one for a
one-year term, as determined by the local board. If a seven-member
board is formed upon consolidation pursuant to Section 7 -105 of this
title, or upon annexation pursuant to Section 7 -101 of this title,
the formation agreement shall specify initial short terms as
necessary to extend until the beginning of th e regular terms for
seven-member boards established herein.
Upon reduction of a sev en-member board pursuant to subsection C
of this section, the terms of the five -member board shall be
staggered pursuant to this subsection.
One member of a three -member board of education shall be elected
each year, and the terms of office shall commence on the first
regular, special or emergency school board meeting after the member
has been certified as elected.
F. The term of office of each board member elected after Jul y
1, 1992, shall commence on the first regular, special or emergency
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school board meeting after the date of the annual school electi on
and after the member has been certified as elected. Board members
elected prior to July 1, 1992, may remain in office un til their
successor is elected an d seated pursuant to Sections 13A -101 through
13A-111 of Title 26 of the Oklahoma Statutes. The re maining term of
any member who completes the term for which the member was elected
but not wishing to serve until the succes sor of the member takes
office on the first regular, special or emergency school bo ard
meeting after the successor has been certifie d as elected, shall be
filled by appointment by the remaining members of the board of
education.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE O N JUDICIARY
February 21, 2023 - DO PASS