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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2106 By: Osburn
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 3-101, as amended by Section 2, Chapter 329,
O.S.L. 2023 (26 O.S. Supp. 2024 , Section 3-101),
which relates to dates of elections held by political
subdivisions; modifying dates upon which certain
elections may be held; updating statutory reference;
updating statutory language; 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, as
amended by Section 2, Chapter 329, O.S.L. 2023 (26 O.S. Supp. 2024,
Section 3-101), is amended to read as follows:
Section 3-101. A. No election required to be conducted by any
county election board shall be scheduled for a day other than
Tuesday.
B. Except as otherwise provided by law, no regular or special
election to fill an elective office shall be held by any county,
school district, technology center school district, municipality,
fire protection distr ict or other political subdivision authorized
to call elections except as follows:
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1. The second first Tuesday of February March in any year;
2. The first Tuesday of April in a ny year third Tuesday in
June;
3. The date of any regularly scheduled statewide state or
federal election in an even -numbered year fourth Tuesday in August ;
and
4. The second first Tuesday of September in an odd -numbered
year;
5. The second Tuesday of N ovember 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 after the first Monday in
November.
C. Except as otherwise provided by law or by Section 1 of this
act, no and with the declaration of an emergency by the Governor
permitting a special election , an election for any purpose other
than to fill a vacancy in an elective office shall may be held by
any county, school district, technology center school district,
municipality, fire protection district or other political
subdivision authorized to call election s 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 Census, may
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also hold an election on the second Tuesday of December in odd -
numbered years; and
2. The second Tuesday of January and February, the first
Tuesday in March and April, the third Tuesday in June, the fourth
Tuesday in August, and the first Tuesday after 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 any 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 municipality, school district,
technology center district, county, 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 begin 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
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office may be scheduled on the same dates as the filing period for
state or federal office to be filled at such election.
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 filed with the secretary of the county
election board.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10128 MJ 01/01/25