Oklahoma 2025 Regular Session

Oklahoma House Bill HB2106 Compare Versions

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29-SENATE FLOOR VERSION
30-April 15, 2025
28+STATE OF OKLAHOMA
3129
30+1st Session of the 60th Legislature (2025)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 2106 By: Osburn, Kerbs, Hays, West
34+HOUSE BILL 2106 By: Osburn, Kerbs, Hays, West
3635 (Tammy), and Manger of the
3736 House
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3938 and
4039
4140 Paxton of the Senate
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46+COMMITTEE SUBSTITUTE
4647
4748 An Act relating to administration of elections;
4849 amending 26 O.S. 2021, Section 3 -101, as amended by
4950 Section 2, Chapter 329, O.S.L. 2023 (26 O.S. Supp.
5051 2024, Section 3-101), which relates to scheduling of
5152 elections; modifying permissible dates for certain
5253 elections; authorizing special elections called for
5354 certain purposes to be held on certain dates;
5455 specifying applicability of provisions; and providing
5556 an effective date.
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6162 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6263 SECTION 1. AMENDATORY 26 O.S. 2021, Section 3 -101, as
6364 amended by Section 2, Chapter 329, O.S.L. 2023 (26 O.S. Supp. 2024,
6465 Section 3-101), is amended to read as follows:
6566 Section 3-101. A. No election required to be conducted by any
6667 county election board shall be scheduled for a day other than
6768 Tuesday.
6869
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9595 B. Except as otherwise provided by law, no regular or special
9696 election to fill an elective office for any purpose shall be held by
9797 any county, school district, technology center school district,
9898 municipality, fire protection district , or other political
9999 subdivision authorized to call elections except as follows:
100100 1. The second Tuesday of February in any year;
101101 2. The first Tuesday of April in any year;
102102 3. The date of any regularly scheduled statewide state or
103103 federal election in an even -numbered year;
104104 4. The second third Tuesday of September June in an odd-
105105 numbered any year;
106106 5. 4. The second fourth Tuesday of November August in an odd-
107107 numbered any year; and
108108 6. 5. The second first Tuesday after the first Monday of June
109109 of an odd-numbered November in any year for a special election to
110110 fill a vacancy.
111111 C. Except as otherwise provided by law or by Section 1 of this
112112 act, no election for any purpose other than to fill an elective
113113 office shall be held by any county, s chool district, technology
114114 center school district, municipality, fire protection district or
115115 other political subdi vision authorized to call elections except on:
116116 1. The second Tuesday of January, February, May, June, July,
117117 August, September, October and No vember and the first Tuesday in
118118 March and April in odd -numbered years; provided, a municipality with
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146145 a population in excess of two hundred fifty thousand (250,000)
147146 persons, according to the most recent Federal Decennial Census, may
148147 also hold an election on the; and
149148 6. The second Tuesday of December in an odd-numbered years; and
150149 2. The second Tuesday of January and F ebruary, the first
151150 Tuesday in March and April, the third Tuesday in June, the fourth
152151 Tuesday in August, and the first Tuesday after the first Monday in
153152 November of any even -numbered year; provided, however, no more than
154153 one election called pursuant to this subsection on the December date
155154 may be held every four (4) years.
156155 D. C. In the event that a regular or special election date
157156 occurs on an official state holiday, the election shall be scheduled
158157 for the next following Tuesday. In the event that any day o f a
159158 candidate filing period occurs on a Saturday, Sunday , or any
160159 official state holiday, that day of the filing period shall be
161160 scheduled for the next business day.
162161 D. For a special election called by the Governor as authorized
163162 by law, the Governor shall be limited to the dates stated in
164163 subsection B of this section. Provided, however, if a vacancy has
165164 occurred in the office of United States R epresentative, State
166165 Senator, or State Representative, or in the event of a declared
167166 national or state emergency t hat requires a special election, the
168167 Governor may also call a special election as authorized by law on
169168 the following dates:
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197195 1. The second Tuesday of January in any year;
198196 2. The first Tuesday of March in any year;
199197 3. The first Tuesday of May in an odd -numbered year;
200198 4. The second Tuesday of July in an o dd-numbered year;
201199 5. The second Tuesday of September in an odd -numbered year;
202200 6. The first Tuesday of October in an odd -numbered year; and
203201 7. The second Tuesday of December in any year.
204202 E. Notwithstanding any other provision of law or any provision
205203 of a municipal charter, any municipality, school district,
206204 technology center district, county, rural fire protection district,
207205 or any other entity seeking to hold a regular or special election to
208206 be conducted by a county election board on the same date as a
209207 regular or special federal or state election, shall file the
210208 resolution calling for the elec tion with the county election board
211209 secretary no later than seventy -five (75) days prior to the election
212210 date. A candidate filing period of three (3) days, if so required
213211 by the resolution, shall begin no later than ten (10) days following
214212 the deadline to file the resolution with the secretary of the county
215213 election board; provided, the filing period for such municipal
216214 office may be scheduled on the same dates as the filing period for
217215 state or federal office to be filled at such election.
218216 F. Any school district, technology center district,
219217 municipality, including any municipality governed by charter, rural
220218 fire protection district, or any other entity seeking to hold a
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248245 special election for the purpose of filling a vacancy shall schedule
249246 a candidate filing period of three (3) days to begin not more than
250247 twenty (20) days following the date the resolution calling the
251248 election is required to be filed with the secretary of the county
252249 election board.
253250 G. The provisions of this section shall apply to elections hel d
254251 after January 1, 2026.
255252 SECTION 2. This act shall become effective November 1, 2025.
256-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
257-April 15, 2025 - DO PASS AS AMENDED BY CS
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254+60-1-1985 TEK 4/15/2025 4:06:18 PM