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SENATE FLOOR VERSION
April 15, 2025
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2106 By: Osburn, Kerbs, Hays, West
(Tammy), and Manger of the
House
and
Paxton of the Senate
An Act relating to administration of 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 scheduling of
elections; modifying permissible dates for certain
elections; authorizing special elections called for
certain purposes to be held on certain dates;
specifying applicability of provisions; 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 November in any year for a special election to
fill a vacancy.
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, municipal ity, 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 ; and
6. The second Tuesday of December in an odd-numbered years; and
2. The second Tuesday of January and February, the first
Tuesday in March and April, the t hird Tuesday in June, the fourth
Tuesday in August, and the first Tuesday after the first Monday in
November of any even -numbered year; provided, however, no more than
one election called pursuant to this subsection on the December date
may be held every four (4) years .
D. C. 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, Su nday, 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 as authorized
by law, the Governor shall be limited to the dates stated in
subsection B of this section. Provided, however, if a vacancy has
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 call a special election as authorized by law on
the following dates:
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1. The second Tuesday of January in any year;
2. The first Tuesday of March in any year;
3. The first Tuesday of May in an odd -numbered year;
4. The second Tuesday of July in an odd -numbered year;
5. The second Tuesday of September in an odd -numbered year;
6. The first Tuesday of October in an odd -numbered year; and
7. The second Tuesday of December in 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 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 req uired
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 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
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special election for the purpose of filling a vacancy shall schedule
a candidate filing period of three (3) days to begin not more than
twenty (20) days following the date the resolution calling the
election is required to be filed with the secretary of the county
election board.
G. The provisions of this section shall apply to elections held
after January 1, 2026.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 15, 2025 - DO PASS AS AMENDED BY CS