Bill Text For HB2600 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             2nd Session of the 53rd Legislature (2012)                |
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 3|HOUSE BILL 2600                      By: Holland                       |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to school elections; amending 26 O.S.           |
  |       2011, Section 13A-103, which relates to election                |
 8|       dates; changing election dates for members of the               |
  |       board of education; changing election dates for                 |
 9|       question of school levy; amending 26 O.S. 2011,                 |
  |       Section 13A-105, which relates to the declarations of           |
10|       candidacy by certain candidates; modifying dates of             |
  |       filing; amending 70 O.S. 2011, Section 5-107A, which            |
11|       relates to membership of boards of education of                 |
  |       school districts; providing for the term of office of           |
12|       board members elected after certain date; providing             |
  |       for completion of the term of office for certain                |
13|       board members; providing an effective date; and                 |
  |       declaring an emergency.                                         |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     26 O.S. 2011, Section 13A-103, is    |
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19|amended to read as follows:                                            |
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20|    Section 13A-103.  A.  The election of members of the board of      |
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21|education of every school district and technology center school        |
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22|district shall be conducted on the second Tuesday in February of       |
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23|each year, except in any year when a Presidential Preferential         |
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24|Primary is held in February, then the election shall be held on the    |
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   Req. No. 8785                                                   Page 1
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 1|same day as the Presidential Preferential Primary of November in       |
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 2|odd-numbered years and the first Tuesday after the first Monday in     |
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 3|November of any even-numbered year.                                    |
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 4|    If no candidate receives more than fifty percent (50%) of the      |
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 5|votes cast in the election provided for in this subsection, an         |
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 6|election between the two candidates with the highest number of votes   |
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 7|shall be conducted on the first second Tuesday in April February of    |
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 8|that the next year, except in any year when a Presidential             |
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 9|Preferential Primary is held in February, then the election shall be   |
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10|held on the same day as the Presidential Preferential Primary.         |
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11|    B.  Elections on the question of making a levy or levies for       |
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12|schools under Section 9, Section 9B or Section 10 of Article X of      |
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13|the Oklahoma Constitution shall be held on the second Tuesday in       |
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14|February of each year, except in any year when a Presidential          |
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15|Preferential Primary is held in February, then the election shall be   |
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16|held on the same day as the Presidential Preferential Primary of       |
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17|November in odd-numbered years and the first Tuesday after the first   |
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18|Monday in November of any even-numbered year.                          |
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19|    C.  The board of education of every school district or             |
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20|technology center school district may call a special election for      |
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21|the purpose of voting on any matter or question authorized by law.     |
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22|    SECTION 2.     AMENDATORY     26 O.S. 2011, Section 13A-105, is    |
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23|amended to read as follows:                                            |
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24|                                                                       |
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   Req. No. 8785                                                   Page 2
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 1|    Section 13A-105.  Candidates for member of the board of            |
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 2|education of every school district or technology center school         |
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 3|district shall file declarations of candidacy in the same place and    |
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 4|with the same officials as candidates for county office.  The          |
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 5|declaration of candidacy to be signed by the candidate shall have an   |
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 6|attachment to be signed by the candidate listing the requirements of   |
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 7|a candidate for election or reelection to a school board as set        |
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 8|forth in Sections 13A-106 and 5-105a of this title and Sections        |
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 9|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and    |
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10|the candidate shall swear or affirm that he or she is eligible to      |
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11|run for the office or serve in the office if elected.  Candidates      |
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12|shall file on the first Monday in December August through the          |
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13|following Wednesday.  For school districts and technology center       |
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14|school districts located in more than one county, filing may be        |
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15|either in the county wherein supervision of the district is located    |
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16|or in the county where the candidate resides.                          |
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17|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 5-107A, is     |
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18|amended to read as follows:                                            |
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19|    Section 5-107A.  The following provisions and the provisions of    |
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20|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall     |
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21|govern the election of members of the board of education for a         |
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22|school district:                                                       |
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23|    A.  For purposes of this section, temporary positions added to a   |
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24|board of education pursuant to Section 7-101 or 7-105 of this title    |
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   Req. No. 8785                                                   Page 3
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 1|and the chair of the board of education elected pursuant to Section    |
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 2|1 5-107B of this act title shall not be considered in determining      |
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 3|the size of the board.  The number and term of each board of           |
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 4|education shall be as follows:                                         |
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 5|         District                     Members           Term (Years)   |
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 6|                                                                       |
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 7|    Elementary                           3                  3          |
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 8|    Independent                                                        |
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 9|    1.  Districts having a                                             |
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10|          five-member board                                 5    5     |
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11|    2.  Districts having a                                             |
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12|          seven-member board unless                                    |
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13|          an election is conducted                                     |
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14|          pursuant to subsection C of                                  |
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15|          this section  7 4                                            |
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16|    B.  In all school districts, the members of the board of           |
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17|education shall be elected as follows:                                 |
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18|    1.   a.   Between August 1 and December 31 of the year following   |
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19|              the submission by the United States Department of        |
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20|              Commerce to the President of the United States of the    |
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21|              official Federal Decennial Census, the board of          |
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22|              education shall reapportion the territory of the         |
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23|              school district into board districts.  Beginning with    |
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24|              the reapportionment following the 1990 Federal           |
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   Req. No. 8785                                                   Page 4
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 1|              Decennial Census, all boundaries of board districts      |
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 2|              shall follow clearly visible, definable and observable   |
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 3|              physical boundaries which are based upon criteria        |
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 4|              established and recognized by the Bureau of the Census   |
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 5|              of the United States Department of Commerce for          |
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 6|              purposes of defining census blocks for its decennial     |
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 7|              census and shall follow, as much as is possible,         |
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 8|              precinct boundaries.  Board districts shall be           |
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 9|              compact, contiguous and shall be as equal in             |
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10|              population as practical with not more than a ten         |
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11|              percent (10%) variance between the most populous and     |
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12|              least populous board districts.                          |
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13|         b.   School districts having fewer than one thousand eight    |
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14|              hundred (1,800) students in average daily membership     |
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15|              during the preceding school year may choose not to       |
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16|              establish board districts and may nominate and elect     |
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17|              all board members at large.                              |
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18|         c.   Elementary school districts shall have board members     |
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19|              elected at large.                                        |
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20|         d.   A city located in an independent school district         |
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21|              having four or more wards and an outlying area with      |
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22|              such outlying area comprising no more than twenty        |
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23|              percent (20%) of the population of such independent      |
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24|              school district, then such independent school district   |
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   Req. No. 8785                                                   Page 5
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 1|              may adopt such wards and outlying area in lieu of the    |
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 2|              board districts provided for in subparagraph a of this   |
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 3|              paragraph, and at least one member of the board of       |
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 4|              education of such independent school district shall be   |
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 5|              a member of each ward; and                               |
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 6|    2.  One member of the board of education shall be elected by the   |
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 7|electors of the school district to represent each such board           |
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 8|district.  Provided, however, that in any school district where the    |
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 9|electors of each board district, rather than the electors of the       |
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10|entire school district, elect board members to represent that board    |
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11|district, that district shall elect board members in that manner.      |
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12|    If during the term of office to which a person was elected, that   |
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13|member ceases to be a resident of the board district for which the     |
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14|person was elected, the office shall become vacant and such vacancy    |
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15|shall be filled as provided in Section 13A-110 of Title 26 of the      |
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16|Oklahoma Statutes; and                                                 |
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17|    3.  In a school district having more than ten thousand (10,000)    |
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18|children in average daily membership, the following provision and      |
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19|the provisions of Section 13A-101 et seq. of Title 26 of the           |
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20|Oklahoma Statutes shall control as to election of the members of the   |
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21|school district's board of education:                                  |
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22|         a.   There shall be held an election in which the electors    |
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23|              of each board district in which a term is expiring or    |
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24|              in which a vacancy exists shall select two candidates    |
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   Req. No. 8785                                                   Page 6
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 1|              from among the candidates for board member to            |
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 2|              represent the board district,                            |
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 3|         b.   If, in the election, one candidate has a majority of     |
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 4|              all votes cast, then a run-off election is not           |
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 5|              required.  If no candidate receives a majority of all    |
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 6|              votes cast, then the two candidates receiving the        |
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 7|              greatest number of votes shall become the candidates     |
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 8|              for the board district in the general election, and      |
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 9|         c.   At the run-off election, all of the electors of the      |
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10|              board district shall select one of the two candidates    |
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11|              as the member of the board of education representing     |
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12|              the board district.                                      |
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13|    C.  Any seven-member board shall have the option of reducing its   |
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14|board to a five-member board either after approval of a board          |
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15|resolution or a vote of the electors of the school district to take    |
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16|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma    |
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17|Statutes.  The election pursuant to a vote of the electors of the      |
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18|school district shall be called upon the submission of a petition      |
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19|requesting the election signed by ten percent (10%) of the school      |
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20|district electors in the school district, the percentage being         |
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21|applied to the highest number of voters voting in a regular school     |
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22|district election in the district in the preceding five (5) years as   |
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23|determined by the secretary of the county election board, who shall    |
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24|certify the adequacy of the number of signatures on the petition.      |
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   Req. No. 8785                                                   Page 7
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 1|If the question is put before the voters of the district, such         |
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 2|election shall be held along with and at the same time and place as    |
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 3|the next school election if all requirements of Section 13A-101 et     |
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 4|seq. of Title 26 of the Oklahoma Statutes for such election are met.   |
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 5|    After such resolution or election, the board shall reapportion     |
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 6|the district, determining by resolution or by lot which board member   |
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 7|offices shall be abolished at the end of the current board member's    |
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 8|term and which shall become one of the offices of the new board.       |
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 9|    Election of the resulting board members shall be carried out       |
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10|according to procedures stated in this section and Section 13A-101     |
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11|et seq. of Title 26 of the Oklahoma Statutes.                          |
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12|    School board members currently serving in offices abolished        |
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13|pursuant to this subsection shall continue serving until the end of    |
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14|their current terms as at-large members.                               |
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15|    D.  Except for the chair of the board of education elected         |
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16|pursuant to Section 1 5-107B of this act title, offices of members     |
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17|of the board of education shall be designated by consecutive numbers   |
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18|and shall correspond with board districts when applicable.             |
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19|    E.  Except for those members elected prior to July 1, 1992, the    |
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20|terms of office of the members of a five-member board of education     |
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21|shall commence on the first regular, special or emergency school       |
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22|board meeting after the date of the annual school election and after   |
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23|the member has been certified as elected:                              |
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24|         Office No. 1        1991                                      |
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   Req. No. 8785                                                   Page 8
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 1|         Office No. 2        1992                                      |
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 2|         Office No. 3        1993                                      |
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 3|         Office No. 4        1994                                      |
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 4|         Office No. 5        1995                                      |
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 5|    The terms of office of the members of a seven-member board of      |
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 6|education shall be staggered, with one member being elected in 1991,   |
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 7|two members being elected in 1992, two members being elected in 1993   |
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 8|and two members being elected in 1994 and shall commence on the        |
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 9|first regular, special or emergency school board meeting after the     |
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10|date of the annual school election and after the member has been       |
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11|certified as elected; provided, in districts needing to elect two      |
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12|members in 1991 to maintain a full complement of board members, two    |
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13|members shall be elected in 1991, one for a full term and one for a    |
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14|one-year term, as determined by the local board.  If a seven-member    |
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15|board is formed upon consolidation pursuant to Section 7-105 of this   |
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16|title, or upon annexation pursuant to Section 7-101 of this title,     |
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17|the formation agreement shall specify initial short terms as           |
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18|necessary to extend until the beginning of the regular terms for       |
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19|seven-member boards established herein.                                |
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20|    Upon reduction of a seven-member board pursuant to subsection C    |
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21|of this section, the terms of the five-member board shall be           |
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22|staggered pursuant to this subsection.                                 |
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23|    One member of a three-member board of education shall be elected   |
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24|each year, and the terms of office shall commence on the first         |
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   Req. No. 8785                                                   Page 9
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 1|regular, special or emergency school board meeting after the member    |
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 2|has been certified as elected.                                         |
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 3|    F.  The term of office of each board member elected after July     |
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 4|1, 1992 2012, shall commence on the first regular, special or          |
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 5|emergency school board meeting after the date of the annual school     |
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 6|election and after the member has been certified as elected.  Board    |
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 7|Any board members elected prior to July 1, 1992 2012, whose term of    |
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 8|office was shortened due to a change in election dates, may remain     |
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 9|in office until their successor is elected and seated pursuant to      |
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10|Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma           |
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11|Statutes.  The remaining term of any member who completes complete     |
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12|the term for which the member was elected but not wishing to serve     |
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13|until the successor of the member takes office on the first regular,   |
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14|special or emergency school board meeting after the successor has      |
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15|been certified as elected, shall be filled by appointment by the       |
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16|remaining members of the board of education as an at-large member.     |
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17|    SECTION 4.  This act shall become effective July 1, 2012.          |
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18|    SECTION 5.  It being immediately necessary for the preservation    |
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19|of the public peace, health and safety, an emergency is hereby         |
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20|declared to exist, by reason whereof this act shall take effect and    |
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21|be in full force from and after its passage and approval.              |
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23|    53-2-8785      AM     01/04/12                                     |
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   Req. No. 8785                                                   Page 10
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