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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 289 By: Prieto
AS INTRODUCED
An Act relating to school district elections;
amending 26 O.S. 2021, Sections 13A-103 and 13A-105,
which relate to election dates and declaration of
candidacy; modifying permissible dates for certain
elections; modifying dates for filing for certain
office; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A -103, is
amended to read as follows:
Section 13A-103. A. 1. The general election of mem bers of the
board of education of every school district and technology center
school district shall be conducted o n the first second Tuesday of
April November of each odd-numbered year, and on the first Tuesd ay
after the first Monday of November in each even-numbered year.
2. The primary election of members of the board of educati on of
every school district and technology center sc hool district, if
necessary, shall be conducted on the second Tues day in February
September of each odd-numbered year, except in any year when a
Presidential Preferent ial Primary is held in February, then the
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election shall be held on the same day as the P residential
Preferential Primary and on the fourth Tuesday of August in each
even-numbered year.
3. If only two candidates qua lify to have their names appear on
the ballot, the names of both c andidates shall appear on the ballot
at the board of education general election.
4. If more than two candidates qualify to have their names
appear on the ballot, the names of all such candi dates shall appear
on the ballot at the board of education primary election. A
candidate receiving more than fifty p ercent (50%) of the votes cast
in the board of education primary election shall be elected to the
office. If no candidate receives more th an fifty percent (50%) of
the votes cast in the board of education primary election, then the
two candidates with the highest number of votes shall appear on the
ballot at the board of education general elect ion.
B. Elections on the question of making a l evy or levies for
schools under Section 9, Section 9B or Section 1 0 of Article X of
the Oklahoma Constitution shall b e held on the second Tuesday in
February of each year, except in any year when a Presidenti al
Preferential Primary is held in February, the n the election shall be
held on the same day as the Presidential P referential Primary.
C. The board of education of every school district or
technology center scho ol district may call a special election for
the purpose of voting on any matter or question authorized by law.
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SECTION 2. 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 scho ol district or technology center school
district shall file declarations of candidacy in the same place and
with the same officials as candidates for coun ty 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
a candidate for election or reele ction to a school board as set
forth in Sections 13A-106 and 5-105a of this title and Sec tions 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
shall file no earlier than 8:00 a.m. on the first Monday second
Wednesday in December April through no later than 5:00 p.m. on the
following Wednesday next succeeding Friday. For school districts
and technology center school districts loc ated in more than one
county, filing may be either in the county wherein supervision of
the district is located or in the county where t he candidate
resides.
SECTION 3. This act shall become effective November 1, 2023.
59-1-292 TEK 1/12/2023 10:23:20 AM