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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 335 By: Rogers
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 3-101, which relates to d ates of elections
held by political subdivisions; m odifying dates upon
which certain elections ma y be held; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 3 -101, is
amended to read as follows:
Section 3-101. A. No election required to b e conducted by any
county election board shall be s cheduled for a day other than
Tuesday.
B. Except as otherwi se provided by law, no regular or special
election to fill an elective office shall be held by any county,
school district, technology center sch ool district, municipality,
fire protection distri ct or other political subdivision autho rized
to call elections except as follows:
1. The second Tuesday of February March in any year other than
a presidential election year ;
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2. The first Tuesday of Apri l in any date of the Presidential
Preferential Primary election in a pre sidential election year, as
set forth in Section 20 -101 of this title;
3. The date of any regularly scheduled statewide state or
federal election in an even-numbered year;
4. The second Tuesday of September June and the second Tuesday
of August 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 vacancy .
C. Except as otherwise provided by law or by Section 1 of this
act, no an election for any purpose other than to fill a vacancy in
an elective office shall may only be held by 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 January, 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 thousand (250,000)
persons, according to the most recent federal decennial censu s, may
also hold an election on the second Tuesday of December in odd-
numbered years; and
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2. The second Tuesday of January and February, the first
Tuesday in March and April, the last Tuesday in J une, the fourth
Tuesday in August, and the first Tuesday af ter 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 period occurs on a Saturday, Sunday or a ny official
state holiday, that day of the filing period shall be scheduled for
the next business day.
E. Notwithstanding any other provision of law or any provision
of a municipal charter, any municipali ty, school district,
technology center district, co unty, 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 beg in 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 filled at such election.
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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 vacancy 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 file d with the secretary of the county
election board.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1149 TEK 1/13/2023 1:23:54 PM