Oklahoma 2025 Regular Session

Oklahoma House Bill HB1151 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1151 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 60th Legislature (2025)
34	31
35		-	HOUSE BILL 1151 By: Banning, Hall, Wilk,
36		-	Maynard, West (Kevin), and
37		-	Adams of the House
	32	+	HOUSE BILL 1151 By: Banning
38	33
39		-	and
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41		-	Seifried of the Senate
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45	38		AS INTRODUCED
46	39
47	40		An Act relating to school district elections;
48	41		amending 26 O.S. 2021, Sections 13A -103, which
49	42		relates to election dates; modifying permis sible
50	43		dates for certain elections; amending 70 O.S. 2021,
51	44		Section 5-107A, which relates to school district
52	45		board of education elections; updating statutory
53	46		references; modifying certain term of office;
54	47		modifying staggering of certain terms of office;
55	48		modifying commencement of certain terms of office;
56	49		and providing an effective date.
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61	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	55		SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A -103, is
63	56		amended to read as follows:
64	57		Section 13A-103. A. 1. The general election of members of the
65	58		board of education of every school district and technology center
66	59		school district shall be conducted on the first Tuesday of April
67	60		after the first Monday in November of each even-numbered year, and
68	61		every two (2) years thereafter .
	62	+	2. The primary election of members of th e board of education of
	63	+	every school district and technology center school district, if
	64	+	necessary, shall be conducted on the second third Tuesday in
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70		-	HB1151 HFLR Page 2
71		-	BOLD FACE denotes Committee Amendments. 1
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96		-	2. The primary election of members of the board of educat ion of
97		-	every school distric t and technology center school district, if
98		-	necessary, shall be conducted on the second third Tuesday in
99	91		February June of each even-numbered year, except in any year when a
100	92		Presidential Preferential Primary is held in February, then the
101	93		election shall be held on the same day as the Presidential
102	94		Preferential Primary and every two (2) years thereafter .
103	95		3. If only two candidates qualify to have their names appear on
104	96		the ballot, the names of both candidates shall app ear on the ballot
105	97		at the board of education general election.
106	98		4. If more than two candidates qualify to have their names
107	99		appear on the ballot, the names of all such candidates s hall appear
108	100		on the ballot at the board of education primary election. A
109	101		candidate receiving more than fifty percent (50%) of the votes cast
110	102		in the board of education primary election shall be elected to the
111	103		office. If no candidate receives more than fift y percent (50%) of
112	104		the votes cast in the board of education primary election, then the
113	105		two candidates with the highest number of votes shall appear on the
114	106		ballot at the board of education general election.
115	107		B. Elections on the question of making a levy or levies for
116	108		schools under Section 9, Section 9B or Section 10 of Article X of
117	109		the Oklahoma Constitution shall be held on the second Tuesday in
118	110		February of each year, except in any year when a Presidential
	111	+	Preferential Primary is held in February, then the e lection shall be
	112	+	held on the same day as the Presidential Preferential Primary .
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120		-	HB1151 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendments. 1
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146		-	Preferential Primary is held in February, then the election shall be
147		-	held on the same day as the Presidential Preferential Primary.
148	139		C. The board of education of every school district or
149	140		technology center school district may call a special election for
150	141		the purpose of voting on any matter or question authori zed by law.
151	142		SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -107A, is
152	143		amended to read as follows:
153	144		Section 5-107A. The following provisions and the provisions of
154	145		Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall
155	146		govern the election of members of the board of education for a
156	147		school district:
157	148		A. For purposes of this section, temporary positions added to a
158	149		board of education pursuant to Section 7 -101 or 7-105 of this title
159	150		and the chair of the board of education elected pursuant to Section
160	151		1 5-107B of this act title shall not be considered in determining
161	152		the size of the board. The number and term of each board of
162	153		education shall be as follows:
163	154		District Members Term (Years)
164	155		Elementary 3 3 4
165	156		Independent
166	157		1. Districts having a five-member
167	158		board 5 5 4
168	159		2. Districts having a seven -
169	160		member board unless an
	161	+	election is conducted
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171		-	HB1151 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
	163	+	Req. No. 10074 Page 4 1
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197		-	election is conducted
198	188		pursuant to subsection C of
199	189		this section 7 4
200	190		B. In all school districts, the members of the board of
201	191		education shall be elected as follows:
202	192		1. a. Between August 1 and December 31 of the year following
203	193		the submission by the United States Department of
204	194		Commerce to the President of the United States of the
205	195		official Federal Decennial Census, the board of
206	196		education shall reapportion the territory of the
207	197		school district into board districts. Beginning with
208	198		the reapportionment following the 1990 Federal
209	199		Decennial Census, all boundaries of board districts
210	200		shall follow clearly visible, definable and observable
211	201		physical boundaries which are based upon criteria
212	202		established and recognized by the Bureau of the Census
213	203		of the United States Department of Commerce for
214	204		purposes of defining census blocks for its decennial
215	205		census and shall follow, as much as is possible,
216	206		precinct boundaries. Board districts shall be
217	207		compact, contiguous and shall be as equal in
218	208		population as practical with not more tha n a ten
219	209		percent (10%) variance between the most populous and
220	210		least populous board districts.
221	211
222		-	HB1151 HFLR Page 5
223		-	BOLD FACE denotes Committee Amendments. 1
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248	237		b. School districts having fewer than one thousand eight
249	238		hundred (1,800) students in average daily membership
250	239		during the preceding school year may choose not to
251	240		establish board districts and may nominate and elect
252	241		all board members at large.
253	242		c. Elementary school districts shall have board members
254	243		elected at large.
255	244		d. A city located in an i ndependent school district
256	245		having four or more wards and an outlying area with
257	246		such outlying area comprising no more than twenty
258	247		percent (20%) of the population of such independent
259	248		school district, then such independent school district
260	249		may adopt such wards and outlying area in lieu of the
261	250		board districts provided for in subparagraph a of this
262	251		paragraph, and at least one member of the board of
263	252		education of such independent school district shall be
264	253		a member of each ward; and
265	254		2. One member of the board of edu cation shall be elected by the
266	255		electors of the school district to represent ea ch such board
267	256		district. Provided, however, that in any school district where the
268	257		electors of each board district, rather than the electors of the
269	258		entire school district, elect b oard members to represent that board
270	259		district, that district shall elect board members in that manner.
271	260
272		-	HB1151 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendments. 1
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298	286		If during the term of office to which a person was elected, that
299	287		member ceases to be a resident of the board district for which the
300	288		person was elected, t he office shall become vacant and such vacancy
301	289		shall be filled as provided in Section 13A-110 of Title 26 of the
302	290		Oklahoma Statutes; and
303	291		3. In a school district having more than ten thousand (10,000)
304	292		children in average daily membership, the following prov ision and
305	293		the provisions of Section 13A -101 et seq. of Title 26 of the
306	294		Oklahoma Statutes shall control as to election of the members of the
307	295		school district's board of education:
308	296		a. There shall be held an election in which the electors
309	297		of each board distric t in which a term is expiring or
310	298		in which a vacancy exists shall select two ca ndidates
311	299		from among the candidates for board member to
312	300		represent the board district,
313	301		b. If, in the election, one candidate has a majority of
314	302		all votes cast, then a run -off election is not
315	303		required. If no candidate receives a majority of all
316	304		votes cast, then the two candidates receiving the
317	305		greatest number of votes shall become the candidates
318	306		for the board district in the general election, and
319	307		c. At the run-off election, all of th e electors of the
320	308		board district shall select one of the two candidates
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322		-	HB1151 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
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348	335		as the member of the board of education representing
349	336		the board district.
350	337		C. Any seven-member board shall have the option of reducing its
351	338		board to a five-member board either after appr oval of a board
352	339		resolution or a vote of the electors of the school district to take
353	340		such action pursuant to Section 13A -109 of Title 26 of the Oklahoma
354	341		Statutes. The election pursuant to a vote of the electors of the
355	342		school district shall be called upon t he submission of a petition
356	343		requesting the election signed by ten percent (10% ) of the school
357	344		district electors in the school district, the percentage being
358	345		applied to the highest number of voters voting in a regular school
359	346		district election in the distric t in the preceding five (5) years as
360	347		determined by the secretary of the county election board, who shall
361	348		certify the adequacy of the number of signatures on the petition.
362	349		If the question is put before the voters of the district, such
363	350		election shall be hel d along with and at the same time and place as
364	351		the next school election if all requirements of Section 13A -101 et
365	352		seq. of Title 26 of the Oklahoma Statutes for such election are met.
366	353		After such resolution or election, the board shall reapportion
367	354		the district, determining by resolution or by lot which board member
368	355		offices shall be abolished at the end of the current board member 's
369	356		term and which shall become one of the offices of the new board.
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371		-	HB1151 HFLR Page 8
372		-	BOLD FACE denotes Committee Amendments. 1
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397	383		Election of the resulting board members shall be carried out
398	384		according to procedures stated in this section and Section 13A -101
399	385		et seq. of Title 26 of the Oklahoma Statutes.
400	386		School board members currently serving in offices abolished
401	387		pursuant to this subsection shall continue serving until the end of
402	388		their current terms as at-large members.
403	389		D. Except for the chair of the board of education elected
404	390		pursuant to Section 1 of this act, offices of members of the board
405	391		of education shall be designated by consecutive numbers and shall
406	392		correspond with board districts when appl icable.
407	393		E. Except for those members elected prior to July 1, 1992, the
408	394		2024:
409	395		1. The terms of office of the members of a five -member board of
410	396		education shall be staggered and commence on the first regular,
411	397		special or emergency school board meeting after t he date of the
412	398		annual school election and after the member has been certified as
413	399		elected as follows:
414	400		Office No. 1 1991 2026
415	401		Office No. 2 1992 2026
416	402		Office No. 3 1993 2028
417	403		Office No. 4 1994 2028
418	404		Office No. 5 1995 2030
419	405		2. The terms of office of the members o f a seven-member board
420	406		of education shall be staggered, with one member being elected in
421	407
422		-	HB1151 HFLR Page 9
423		-	BOLD FACE denotes Committee Amendments. 1
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448	433		1991 , two members being elected in 1992 two members being elected
449	434		in 1993 and two members being elected in 1994 and shall commence on
450	435		the first regular, special or em ergency school board meeting after
451	436		the date of the annual school election and after the member has been
452	437		certified as elected ; provided, in districts needing to elect two
453	438		members in 1991 to maintain a full complement of board members, two
454	439		members shall be elected in 1991, one for a full term and one for a
455	440		one-year term, as determined by the local board. as follows:
456	441		Office No. 1 2026
457	442		Office No. 2 2026
458	443		Office No. 3 2028
459	444		Office No. 4 2028
460	445		Office No. 5 2028
461	446		Office No. 6 2030
462	447		Office No. 7 2030
463	448		If a seven-member board is formed upon consolidation pursuant to
464	449		Section 7-105 of this title, or upon annexation pursuant to Section
465	450		7-101 of this title, the formation agreement shall specify initial
466	451		short terms as necessary to extend until the beginning of the
467	452		regular terms for seven-member boards established herein.
468	453		Upon reduction of a seven -member board pursuant to subsection C
469	454		of this section, the terms of the five -member board shall be
470	455		staggered pursuant to this subsection.
471	456
472		-	HB1151 HFLR Page 10
473		-	BOLD FACE denotes Committee Amendments. 1
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498	482		One member of a three -member board of education shall be elected
499	483		each year, and the terms of office shall commence on the first
500	484		regular, special or emergency school board meeting after the member
501	485		has been certified as elected.
502	486		3. The terms of office of the members of a three -member board
503	487		of education shall be staggered, and commence on the first regular,
504	488		special or emergency sc hool board meeting after the date of the
505	489		annual school election and after the member has been certified as
506	490		elected as follows:
507	491		Office No. 1 2026
508	492		Office No. 2 2028
509	493		Office No. 3 2030
510	494		F. The term of office of each board member elected after July
511	495		1, 1992 2024, shall commence on the first regular, special or
512	496		emergency school board meeting after the date of the annual school
513	497		election and after the member has been certified as elected. Board
514	498		members elected prior to July 1, 1992 2024, may remain in office
515	499		until their successor is elected and seated pursuant to Sections
516	500		13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The
517	501		remaining term of any member who completes the term for which the
518	502		member was elected but not wishing to serve until the successor of
519	503		the member takes office on the first regular, special or emergency
520	504		school board meeting after the successor has been certified as
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522		-	HB1151 HFLR Page 11
523		-	BOLD FACE denotes Committee Amendments. 1
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548	531		elected, shall be filled by appointment by th e remaining members of
549	532		the board of education.
550	533		SECTION 3. This act shall become effective November 1, 2025.
551	534
552		-	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT , dated
553		-	02/25/2025 – DO PASS, As Coauthored.
	535	+	60-1-10074 MJ 11/18/24