1| SENATE FLOOR VERSION | | March 24, 2021 | 2| | | | 3|ENGROSSED HOUSE | |BILL NO. 1963 By: Nollan and Dills of the | 4| House | | | 5| and | | | 6| Stanley of the Senate | | | 7| | | | 8| | | | 9| An Act relating to elections; amending 26 O.S. 2011, | | Section 13A-110, as last amended by Section 1, | 10| Chapter 356, O.S.L. 2016 (26 O.S. Supp. 2020, Section | | 13A-110), which relates to vacancies of certain | 11| boards of education; requiring Governor appointment | | for certain vacancies that result in a loss of a | 12| majority of board of education members; and providing | | an effective date. | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. AMENDATORY 26 O.S. 2011, Section 13A-110, as | | | 17|last amended by Section 1, Chapter 356, O.S.L. 2016 (26 O.S. Supp. | | | 18|2020, Section 13A-110), is amended to read as follows: | | | 19| Section 13A-110. A.
VacanciesExcept as provided for in | | | 20|subsection F of this section, vacancies for members of the board of | | | 21|education of every school district or technology center school | | | 22|district shall be filled by appointment by the board. | | | 23| B. Except as provided for in subsection D of this section, | | | 24|persons appointed to fill such vacancies in the first half of the | | | arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR Page 1 ___________________________________________________________________________
1|term of office for the board position shall serve only until the | | | 2|next succeeding election, at which time the office which they hold | | | 3|shall be placed on the ballot for the balance of the unexpired term. | | | 4| Vacancies filled by appointment following the delivery of the | | | 5|resolution calling for regular elections to the secretary of the | | | 6|county election board shall be filled until the regular elections | | | 7|the following year. Persons elected to fill unexpired terms shall | | | 8|begin those terms at the next regular meeting of the board of | | | 9|education following the election. Persons appointed to fill such | | | 10|vacancies after the first half of the term of office for the board | | | 11|position shall serve for the balance of the unexpired term. | | | 12| C. Except as provided for in subsection D of this section, no | | | 13|person shall be appointed to a board of education who does not meet | | | 14|the eligibility qualifications needed to be a candidate for such | | | 15|position as provided for in Section 13A-106 of this title and | | | 16|Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma | | | 17|Statutes. | | | 18| D. If after the filing period is closed no candidate for an | | | 19|open position on a board of education of a school district has filed | | | 20|and therefore a vacancy is created, the vacancy shall be filled by | | | 21|appointment by the board. Persons appointed to fill such vacancies | | | 22|shall not be required to reside in the board or election district | | | 23|but shall be required to reside in the school district and to meet | | | 24|the other eligibility qualifications needed to be a candidate for | | | arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR Page 2 ___________________________________________________________________________
1|the position as provided for in Section 13A-106 of this title and | | | 2|Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma | | | 3|Statutes. Persons appointed to fill vacancies as provided for in | | | 4|this subsection shall be eligible to serve only for the balance of | | | 5|the term. | | | 6| E. If the board of education does not fill the vacancy by | | | 7|appointment within sixty (60) days of the date the board declared | | | 8|the seat vacant, the board of education shall call a special | | | 9|election to fill the vacancy for the unexpired term. The special | | | 10|election shall be called on a date established by subsection B of | | | 11|Section 3-101 of this title, and the special filing period shall be | | | 12|scheduled as required in subsection D of Section 13A-109 of this | | | 13|title. | | | 14| F. If vacancies occur which result in a loss of a majority of | | | 15|members of the board of education of a school district or technology | | | 16|center school district, the Governor shall appoint a member or | | | 17|members necessary to constitute a quorum to the board of education | | | 18|pursuant to the authority granted by Section 13 of Article VI of the | | | 19|Oklahoma Constitution. Such appointment shall be consistent with | | | 20|the requirements of this section and shall only be for the remainder | | | 21|of the term of office. | | | 22| SECTION 2. This act shall become effective November 1, 2021. | | | 23|COMMITTEE REPORT BY: COMMITTEE ON RULES | |March 24, 2021 - DO PASS | 24| | | | arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR Page 3