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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1151 By: Banning
AS INTRODUCED
An Act relating to school district elections;
amending 26 O.S. 2021, Sections 13A -103, which
relates to election dates; modifying permis sible
dates for certain elections; amending 70 O.S. 2021,
Section 5-107A, which relates to school district
board of education elections; updating statutory
references; modifying certain term of office;
modifying staggering of certain terms of office;
modifying commencement of certain terms of office;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 members of the
board of education of every school district and technology center
school district shall be conducted on the first Tuesday of April
after the first Monday in November of each even-numbered year, and
every two (2) years thereafter .
2. The primary election of members of th e board of education of
every school district and technology center school district, if
necessary, shall be conducted on the second third Tuesday in
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February June of each even-numbered year, except in any year when a
Presidential Preferential Primary is held in February, then the
election shall be held on the same day as the Presidential
Preferential Primary and every two (2) years thereafter .
3. If only two candidates qualify to have their names appear on
the ballot, the names of both candidates shall app ear 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 candidates s hall appear
on the ballot at the board of education primary election. A
candidate receiving more than fifty percent (50%) of the votes cast
in the board of education primary election shall be elected to the
office. If no candidate receives more than fift y 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 election.
B. Elections on the question of making a levy or levies for
schools under Section 9, Section 9B or Section 10 of Article X of
the Oklahoma Constitution shall be held on the second Tuesday in
February of each year, except in any year when a Presidential
Preferential Primary is held in February, then the e lection shall be
held on the same day as the Presidential Preferential Primary .
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C. The board of education of every school district or
technology center school district may call a special election for
the purpose of voting on any matter or question authori zed by law.
SECTION 2. 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 board of education for a
school district:
A. For purposes of this section, temporary positions added to a
board of education pursuant to Section 7 -101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section
1 5-107B of this act title shall not be considered in determining
the size of the board. The number and term of each board of
education shall be as follows:
District Members Term (Years)
Elementary 3 3 4
Independent
1. Districts having a five-member
board 5 5 4
2. Districts having a seven -
member board unless an
election is conducted
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pursuant to subsection C of
this section 7 4
B. In all school districts, the members of the board of
education shall be elected as follows:
1. a. Between August 1 and December 31 of the year following
the submission by the United States Department of
Commerce to the President of the United States of the
official Federal Decennial Census, the board of
education shall reapportion the territory of the
school district into board districts. Beginning with
the reapportionment 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 Bureau of the Census
of the United States Department of Commerce for
purposes of defining census blocks for its decennial
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 tha n a ten
percent (10%) variance between the most populous and
least populous board districts.
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b. School districts having fewer than one thousand eight
hundred (1,800) students in average daily membership
during the preceding school year may choose not to
establish board districts and may nominate and elect
all board members at large.
c. Elementary school districts shall have board members
elected at large.
d. A city located in an i ndependent school district
having four or more wards and an outlying area with
such outlying area comprising no more than twenty
percent (20%) of the population of such 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 independent school district shall be
a member of each ward; and
2. One member of the board of edu cation shall be elected by the
electors of the school district to represent ea ch such board
district. Provided, however, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect b oard members to represent that board
district, that district shall elect board members in that manner.
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If during the term of office to which a person was elected, that
member ceases to be a resident of the board district for which the
person was elected, t he 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 having more than ten thousand (10,000)
children in average daily membership, the following prov ision and
the provisions of Section 13A -101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to election 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 distric t in which a term is expiring or
in which a vacancy exists shall select two ca ndidates
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 candidate receives a majority of all
votes cast, then the two candidates receiving the
greatest number of votes shall become the candidates
for the board district in the general election, and
c. At the run-off election, all of th e electors of the
board district shall select one of the two candidates
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as the member of the board of education representing
the board district.
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after appr oval 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 t he submission of a petition
requesting the election signed by ten percent (10% ) of the school
district electors in the school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the distric t in the preceding five (5) years as
determined by the secretary of the county election board, who shall
certify the adequacy of the number of signatures on the petition.
If the question is put before the voters of the district, such
election shall be hel d 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.
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 board member 's
term and which shall become one of the offices of the new board.
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Election of the resulting board members shall be carried out
according to procedures stated in this section and Section 13A -101
et seq. of Title 26 of the Oklahoma Statutes.
School board members currently serving in offices abolished
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 education 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 appl icable.
E. Except for those members elected prior to July 1, 1992, the
2024:
1. The terms of office of the members of a five -member board of
education shall be staggered and commence on the first regular,
special or emergency school board meeting after t he date of the
annual school election and after the member has been certified as
elected as follows:
Office No. 1 1991 2026
Office No. 2 1992 2026
Office No. 3 1993 2028
Office No. 4 1994 2028
Office No. 5 1995 2030
2. The terms of office of the members o f a seven-member board
of education shall be staggered, with one member being elected in
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1991 , two members being elected in 1992 two members being elected
in 1993 and two members being elected in 1994 and shall commence on
the first regular, special or em ergency school board meeting after
the date of the annual school election and after the member has been
certified as elected ; provided, in districts needing to elect two
members in 1991 to maintain a full complement of board members, two
members shall be elected in 1991, one for a full term and one for a
one-year term, as determined by the local board. as follows:
Office No. 1 2026
Office No. 2 2026
Office No. 3 2028
Office No. 4 2028
Office No. 5 2028
Office No. 6 2030
Office No. 7 2030
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 the
regular terms for seven-member boards established herein.
Upon reduction of a seven -member board pursuant to subsection C
of this section, the terms of the five -member board shall be
staggered pursuant to this subsection.
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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.
3. The terms of office of the members of a three -member board
of education shall be staggered, and commence on the first regular,
special or emergency sc hool board meeting after the date of the
annual school election and after the member has been certified as
elected as follows:
Office No. 1 2026
Office No. 2 2028
Office No. 3 2030
F. The term of office of each board member elected after July
1, 1992 2024, 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. Board
members elected prior to July 1, 1992 2024, may remain in office
until their successor is elected and seated pursuant to Sections
13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The
remaining term of any member who completes the term for which the
member was elected but not wishing to serve until the successor of
the member takes office on the first regular, special or emergency
school board meeting after the successor has been certified as
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elected, shall be filled by appointment by th e remaining members of
the board of education.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10074 MJ 11/18/24