1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 53rd Legislature (2012) | | | 3|HOUSE BILL 2600 By: Holland | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 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. | 14| | | | 15| | | | 16| | | | 17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 18| SECTION 1. AMENDATORY 26 O.S. 2011, Section 13A-103, is | | | 19|amended to read as follows: | | | 20| Section 13A-103. A. The election of members of the board of | | | 21|education of every school district and technology center school | | | 22|district shall be conducted on the second Tuesday
in February of| | | 23| each year, except in any year when a Presidential Preferential| | | 24| Primary is held in February, then the election shall be held on the| | | Req. No. 8785 Page 1 ___________________________________________________________________________
same day as the Presidential Preferential Primaryof November in | | | 2|odd-numbered years and the first Tuesday after the first Monday in | | | 3|November of any even-numbered year. | | | 4| If no candidate receives more than fifty percent (50%) of the | | | 5|votes cast in the election provided for in this subsection, an | | | 6|election between the two candidates with the highest number of votes | | | 7|shall be conducted on the firstsecond Tuesday in AprilFebruary of | | | 8| thatthe next year, except in any year when a Presidential | | | 9|Preferential Primary is held in February, then the election shall be | | | 10|held on the same day as the Presidential Preferential Primary. | | | 11| B. Elections on the question of making a levy or levies for | | | 12|schools under Section 9, Section 9B or Section 10 of Article X of | | | 13|the Oklahoma Constitution shall be held on the second Tuesday in| | | 14| February of each year, except in any year when a Presidential| | | 15| Preferential Primary is held in February, then the election shall be| | | 16| held on the same day as the Presidential Preferential Primaryof | | | 17|November in odd-numbered years and the first Tuesday after the first | | | 18|Monday in November of any even-numbered year. | | | 19| C. The board of education of every school district or | | | 20|technology center school district may call a special election for | | | 21|the purpose of voting on any matter or question authorized by law. | | | 22| SECTION 2. AMENDATORY 26 O.S. 2011, Section 13A-105, is | | | 23|amended to read as follows: | | | 24| | | | Req. No. 8785 Page 2 ___________________________________________________________________________
1| Section 13A-105. Candidates for member of the board of | | | 2|education of every school district or technology center school | | | 3|district shall file declarations of candidacy in the same place and | | | 4|with the same officials as candidates for county office. The | | | 5|declaration of candidacy to be signed by the candidate shall have an | | | 6|attachment to be signed by the candidate listing the requirements of | | | 7|a candidate for election or reelection to a school board as set | | | 8|forth in Sections 13A-106 and 5-105a of this title and Sections | | | 9|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and | | | 10|the candidate shall swear or affirm that he or she is eligible to | | | 11|run for the office or serve in the office if elected. Candidates | | | 12|shall file on the first Monday in
DecemberAugust through the | | | 13|following Wednesday. For school districts and technology center | | | 14|school districts located in more than one county, filing may be | | | 15|either in the county wherein supervision of the district is located | | | 16|or in the county where the candidate resides. | | | 17| SECTION 3. AMENDATORY 70 O.S. 2011, Section 5-107A, is | | | 18|amended to read as follows: | | | 19| Section 5-107A. The following provisions and the provisions of | | | 20|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall | | | 21|govern the election of members of the board of education for a | | | 22|school district: | | | 23| A. For purposes of this section, temporary positions added to a | | | 24|board of education pursuant to Section 7-101 or 7-105 of this title | | | Req. No. 8785 Page 3 ___________________________________________________________________________
1|and the chair of the board of education elected pursuant to Section | | | 2|
15-107B of this acttitle shall not be considered in determining | | | 3|the size of the board. The number and term of each board of | | | 4|education shall be as follows: | | | 5| District Members Term (Years) | | | 6| | | | 7| Elementary 3 3 | | | 8| Independent | | | 9| 1. Districts having a | | | 10| five-member board 5 5 | | | 11| 2. Districts having a | | | 12| seven-member board unless | | | 13| an election is conducted | | | 14| pursuant to subsection C of | | | 15| this section 7 4 | | | 16| B. In all school districts, the members of the board of | | | 17|education shall be elected as follows: | | | 18| 1. a. Between August 1 and December 31 of the year following | | | 19| the submission by the United States Department of | | | 20| Commerce to the President of the United States of the | | | 21| official Federal Decennial Census, the board of | | | 22| education shall reapportion the territory of the | | | 23| school district into board districts. Beginning with | | | 24| the reapportionment following the 1990 Federal | | | Req. No. 8785 Page 4 ___________________________________________________________________________
1| Decennial Census, all boundaries of board districts | | | 2| shall follow clearly visible, definable and observable | | | 3| physical boundaries which are based upon criteria | | | 4| established and recognized by the Bureau of the Census | | | 5| of the United States Department of Commerce for | | | 6| purposes of defining census blocks for its decennial | | | 7| census and shall follow, as much as is possible, | | | 8| precinct boundaries. Board districts shall be | | | 9| compact, contiguous and shall be as equal in | | | 10| population as practical with not more than a ten | | | 11| percent (10%) variance between the most populous and | | | 12| least populous board districts. | | | 13| b. School districts having fewer than one thousand eight | | | 14| hundred (1,800) students in average daily membership | | | 15| during the preceding school year may choose not to | | | 16| establish board districts and may nominate and elect | | | 17| all board members at large. | | | 18| c. Elementary school districts shall have board members | | | 19| elected at large. | | | 20| d. A city located in an independent school district | | | 21| having four or more wards and an outlying area with | | | 22| such outlying area comprising no more than twenty | | | 23| percent (20%) of the population of such independent | | | 24| school district, then such independent school district | | | Req. No. 8785 Page 5 ___________________________________________________________________________
1| may adopt such wards and outlying area in lieu of the | | | 2| board districts provided for in subparagraph a of this | | | 3| paragraph, and at least one member of the board of | | | 4| education of such independent school district shall be | | | 5| a member of each ward; and | | | 6| 2. One member of the board of education shall be elected by the | | | 7|electors of the school district to represent each such board | | | 8|district. Provided, however, that in any school district where the | | | 9|electors of each board district, rather than the electors of the | | | 10|entire school district, elect board members to represent that board | | | 11|district, that district shall elect board members in that manner. | | | 12| If during the term of office to which a person was elected, that | | | 13|member ceases to be a resident of the board district for which the | | | 14|person was elected, the office shall become vacant and such vacancy | | | 15|shall be filled as provided in Section 13A-110 of Title 26 of the | | | 16|Oklahoma Statutes; and | | | 17| 3. In a school district having more than ten thousand (10,000) | | | 18|children in average daily membership, the following provision and | | | 19|the provisions of Section 13A-101 et seq. of Title 26 of the | | | 20|Oklahoma Statutes shall control as to election of the members of the | | | 21|school district's board of education: | | | 22| a. There shall be held an election in which the electors | | | 23| of each board district in which a term is expiring or | | | 24| in which a vacancy exists shall select two candidates | | | Req. No. 8785 Page 6 ___________________________________________________________________________
1| from among the candidates for board member to | | | 2| represent the board district, | | | 3| b. If, in the election, one candidate has a majority of | | | 4| all votes cast, then a run-off election is not | | | 5| required. If no candidate receives a majority of all | | | 6| votes cast, then the two candidates receiving the | | | 7| greatest number of votes shall become the candidates | | | 8| for the board district in the general election, and | | | 9| c. At the run-off election, all of the electors of the | | | 10| board district shall select one of the two candidates | | | 11| as the member of the board of education representing | | | 12| the board district. | | | 13| C. Any seven-member board shall have the option of reducing its | | | 14|board to a five-member board either after approval of a board | | | 15|resolution or a vote of the electors of the school district to take | | | 16|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma | | | 17|Statutes. The election pursuant to a vote of the electors of the | | | 18|school district shall be called upon the submission of a petition | | | 19|requesting the election signed by ten percent (10%) of the school | | | 20|district electors in the school district, the percentage being | | | 21|applied to the highest number of voters voting in a regular school | | | 22|district election in the district in the preceding five (5) years as | | | 23|determined by the secretary of the county election board, who shall | | | 24|certify the adequacy of the number of signatures on the petition. | | | Req. No. 8785 Page 7 ___________________________________________________________________________
1|If the question is put before the voters of the district, such | | | 2|election shall be held along with and at the same time and place as | | | 3|the next school election if all requirements of Section 13A-101 et | | | 4|seq. of Title 26 of the Oklahoma Statutes for such election are met. | | | 5| After such resolution or election, the board shall reapportion | | | 6|the district, determining by resolution or by lot which board member | | | 7|offices shall be abolished at the end of the current board member's | | | 8|term and which shall become one of the offices of the new board. | | | 9| Election of the resulting board members shall be carried out | | | 10|according to procedures stated in this section and Section 13A-101 | | | 11|et seq. of Title 26 of the Oklahoma Statutes. | | | 12| School board members currently serving in offices abolished | | | 13|pursuant to this subsection shall continue serving until the end of | | | 14|their current terms as at-large members. | | | 15| D. Except for the chair of the board of education elected | | | 16|pursuant to Section
15-107B of this acttitle, offices of members | | | 17|of the board of education shall be designated by consecutive numbers | | | 18|and shall correspond with board districts when applicable. | | | 19| E. Except for those members elected prior to July 1, 1992, the | | | 20|terms of office of the members of a five-member board of education | | | 21|shall commence on the first regular, special or emergency school | | | 22|board meeting after the date of the annual school election and after | | | 23|the member has been certified as elected: | | | 24| Office No. 1 1991 | | | Req. No. 8785 Page 8 ___________________________________________________________________________
1| Office No. 2 1992 | | | 2| Office No. 3 1993 | | | 3| Office No. 4 1994 | | | 4| Office No. 5 1995 | | | 5| The terms of office of the members of a seven-member board of | | | 6|education shall be staggered, with one member being elected in 1991, | | | 7|two members being elected in 1992, two members being elected in 1993 | | | 8|and two members being elected in 1994 and shall commence on the | | | 9|first regular, special or emergency school board meeting after the | | | 10|date of the annual school election and after the member has been | | | 11|certified as elected; provided, in districts needing to elect two | | | 12|members in 1991 to maintain a full complement of board members, two | | | 13|members shall be elected in 1991, one for a full term and one for a | | | 14|one-year term, as determined by the local board. If a seven-member | | | 15|board is formed upon consolidation pursuant to Section 7-105 of this | | | 16|title, or upon annexation pursuant to Section 7-101 of this title, | | | 17|the formation agreement shall specify initial short terms as | | | 18|necessary to extend until the beginning of the regular terms for | | | 19|seven-member boards established herein. | | | 20| Upon reduction of a seven-member board pursuant to subsection C | | | 21|of this section, the terms of the five-member board shall be | | | 22|staggered pursuant to this subsection. | | | 23| One member of a three-member board of education shall be elected | | | 24|each year, and the terms of office shall commence on the first | | | Req. No. 8785 Page 9 ___________________________________________________________________________
1|regular, special or emergency school board meeting after the member | | | 2|has been certified as elected. | | | 3| F. The term of office of each board member elected after July | | | 4|1,© 2010-18 eCapitol, LLC. ALL RIGHTS RESERVED.
19922012, shall commence on the first regular, special or | | | 5|emergency school board meeting after the date of the annual school | | | 6|election and after the member has been certified as elected. Board| | | 7|Any board members elected prior to July 1, 19922012, whose term of | | | 8|office was shortened due to a change in election dates, may remain| | | 9| in office until their successor is elected and seated pursuant to| | | 10| Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma| | | 11| Statutes. The remaining term of any member who completescomplete | | | 12|the term for which the member was elected but not wishing to serve| | | 13| until the successor of the member takes office on the first regular,| | | 14| special or emergency school board meeting after the successor has| | | 15| been certified as elected, shall be filled by appointment by the| | | 16| remaining members of the board of educationas an at-large member. | | | 17| SECTION 4. This act shall become effective July 1, 2012. | | | 18| SECTION 5. It being immediately necessary for the preservation | | | 19|of the public peace, health and safety, an emergency is hereby | | | 20|declared to exist, by reason whereof this act shall take effect and | | | 21|be in full force from and after its passage and approval. | | | 22| | | | 23| 53-2-8785 AM 01/04/12 | | | 24| | | | Req. No. 8785 Page 10
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