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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2106 By: Osburn and Kerbs of the
House
and
Paxton of the Senate
COMMITTEE SUBSTITUTE
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.
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B. Except as otherwise provided by law, no regular or special
election to fill an elective office for any purpose shall be held by
any county, school district, technology center school district,
municipality, fire protection district or other political
subdivision authorized to call elections except as follows:
1. The second Tuesday of February in any year;
2. The first Tuesday of April in any year;
3. The date of any regularly scheduled statewide state or
federal election in an even -numbered year;
4. The second third Tuesday of September June in an odd-
numbered any year;
5. 4. The second fourth Tuesday of November August in an odd-
numbered any year; and
6. 5. The second first Tuesday after the first Monday of June
of an odd-numbered year for a special e lection to fill a vacancy
November in any year .
C. Except as otherwise provided by law or by Section 1 of this
act, no election for any purpose other than to fill an elective
office shall 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
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a population in excess of two hundred fifty thousand (250,000)
persons, according to the most recent Federal Decennial Census, may
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 special 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.
D. For a special election called by the Governor pursuant to
law, the Governor shall be limited to the dates stated in subsection
B of this section. Provided, if a vacancy h as occurred in the
office of United States Representative, State Senator, or State
Representative, or in the event of a declared national or state
emergency that requires a special election, the Governor may also
use the following dates for a special elect ion called pursuant to
law:
1. The second Tuesday of January of any year;
2. The first Tuesday of March of any year;
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3. The first Tuesday of May of an odd -numbered year;
4. The second Tuesday of July of any year;
5. The second Tuesday of September of an odd-numbered year;
6. The first Tuesday of October of an odd -numbered year; and
7. The first Tuesday of December of any year.
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 t he
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 the 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 a t 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 s hall schedule
a candidate filing period of three (3) days to begin not more than
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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.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
03/06/2025 - DO PASS, As Amended and Coauthored.