Bill Text For HB2338 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
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 5|HOUSE BILL NO. 2338                  By: Roberts (Sean)                |
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  |                        COMMITTEE SUBSTITUTE                           |
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  |       An Act relating to elections; amending 19 O.S. 2011,            |
10|       Section 321, as amended by Section 1, Chapter 190,              |
  |       O.S.L. 2012 (19 O.S. Supp. 2018, Section 321), which            |
11|       relates to districts of county commissioners;                   |
  |       modifying reapportionment date; amending 26 O.S.                |
12|       2011, Section 5-110, which relates to filing period             |
  |       for declarations of candidacy; modifying filing                 |
13|       period dates; providing for supplemental candidate              |
  |       filing period; authorizing extension of deadline upon           |
14|       declaration of emergency; amending 26 O.S. 2011,                |
  |       Section 5-115, which relates to withdrawals from                |
15|       primary; modifying date of filing of certain notice;            |
  |       amending 26 O.S. 2011, Section 8-103, which relates             |
16|       to certificates of election; modifying date of                  |
  |       issuance of certificate of election; and declaring an           |
17|       emergency.                                                      |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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21|    SECTION 1.     AMENDATORY     19 O.S. 2011, Section 321, as        |
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22|amended by Section 1, Chapter 190, O.S.L. 2012 (19 O.S. Supp. 2018,    |
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23|Section 321), is amended to read as follows:                           |
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arsid7174600 HB2338 HFLR                                           Page 1
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 1|    Section 321.  A.  Each county shall be divided by the board of     |
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 2|county commissioners into three (3) compact districts, as equal in     |
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 3|population as practicable and numbered respectively one, two, and      |
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 4|three.  One commissioner shall be elected from each of said            |
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 5|districts by the voters of the district, as provided for by law.       |
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 6|    B.  1.  Each county shall be reapportioned by the board of         |
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 7|county commissioners on or before October June 1 following the final   |
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 8|official publication of the Federal Decennial Census to the State of   |
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 9|Oklahoma for the purposes of legislative redistricting.  The           |
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10|reapportionment shall be recorded in a resolution adopted by the       |
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11|commissioners.  The resolution shall include an effective date for     |
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12|the reapportioned county commissioner districts.  The effective date   |
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13|shall be January 1 of the following year.                              |
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14|    2.  Beginning with the reapportionment following the 1990          |
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15|Federal Decennial Census, all boundaries of county commissioner        |
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16|districts shall follow clearly visible, definable and observable       |
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17|physical boundaries which are based upon criteria established and      |
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18|recognized by the Bureau of the Census of the United States            |
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19|Department of Commerce for purposes of defining census blocks for      |
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20|its decennial census.                                                  |
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21|    3.  If the commissioners fail to reapportion the county as         |
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22|required by this subsection, the commissioners shall be subject to     |
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23|the provisions of Sections 91 through 105 of Title 51 of the           |
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arsid7174600 HB2338 HFLR                                           Page 2
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 1|Oklahoma Statutes and it shall be the duty of the county excise        |
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 2|board to perform the reapportionment.                                  |
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 3|    C.  There is hereby established a depository for county            |
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 4|commissioner district boundary maps and reapportionment resolutions    |
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 5|within the Office of Geographic Information within the Oklahoma        |
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 6|Conservation Commission.                                               |
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 7|    SECTION 2.     AMENDATORY     26 O.S. 2011, Section 5-110, is      |
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 8|amended to read as follows:                                            |
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 9|    Section 5-110.  A.  Declarations of Candidacy provided herein      |
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10|must be filed with the secretary of the appropriate election board     |
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11|no earlier than from 8:00 a.m. to 5:00 p.m. on the second Wednesday    |
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12|of April of any even-numbered year and no later than 5:00 p.m. on      |
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13|the next succeeding Friday first Monday in December through the        |
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14|following Wednesday.  Such Declarations of Candidacy may be            |
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15|transmitted by United States mail, but in no event shall the           |
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16|secretary of any election board accept such Declarations after the     |
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17|time prescribed by law.                                                |
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18|     B.  A supplemental candidate filing period shall be held from     |
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19|8:00 a.m. to 5:00 p.m. on the second Wednesday of April through the    |
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20|following Friday for members of a newly formed recognized political    |
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21|party pursuant to Section 1-108 of this title to file a Declaration    |
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22|of Candidacy.                                                          |
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23|    C.  Upon a declaration of emergency issued by the Governor, the    |
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24|Secretary of the State Election Board shall have the authority to      |
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arsid7174600 HB2338 HFLR                                           Page 3
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 1|extend the deadline of the candidate filing period described in        |
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 2|subsection A of this section.                                          |
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 3|    SECTION 3.     AMENDATORY     26 O.S. 2011, Section 5-115, is      |
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 4|amended to read as follows:                                            |
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 5|    Section 5-115.  Any candidate may withdraw as a candidate only     |
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 6|upon the filing of a written notice of withdrawal as a candidate       |
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 7|with the secretary of the election board which accepted such           |
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 8|candidate's declaration of candidacy.  Such notice shall be signed     |
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 9|by the candidate or a lawfully appointed personal representative or    |
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10|a lawfully appointed special administrator of any deceased             |
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11|candidate, whose signature shall be notarized by a notary public,      |
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12|and shall be filed on or before 5:00 p.m. on the second business day   |
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13|following the close of the supplemental candidate filing period        |
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14|prescribed by law provided in Section 5-110 of this title.             |
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15|    SECTION 4.     AMENDATORY     26 O.S. 2011, Section 8-103, is      |
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16|amended to read as follows:                                            |
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17|    Section 8-103.  The county election board shall certify a list     |
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18|of successful candidates for county offices and shall provide          |
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19|Certificates of Election to the same following the General Election,   |
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20|except that Certificates of Election may be issued to unopposed        |
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21|candidates after 5 p.m. on the second day following the close of the   |
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22|supplemental candidate filing period provided in Section 5-110 of      |
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23|this title.  The State Election Board shall certify a list of          |
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24|successful candidates for offices for which the Board accepts          |
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arsid7174600 HB2338 HFLR                                           Page 4
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 1|filings of Declarations of Candidacy and shall provide Certificates    |
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 2|of Election to the same following the General Election, except that    |
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 3|Certificates of Election may be issued to unopposed candidates after   |
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 4|5 p.m. on the second day following the close of the supplemental       |
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 5|candidate filing period provided in Section 5-110 of this title.       |
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 6|    SECTION 5.  It being immediately necessary for the preservation    |
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 7|of the public peace, health or safety, an emergency is hereby          |
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 8|declared to exist, by reason whereof this act shall take effect and    |
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 9|be in full force from and after its passage and approval.              |
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11|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/12/2019 - DO PASS,   |
  |As Amended.                                                            |
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arsid7174600 HB2338 HFLR                                           Page 5
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