Bill Text For SB0347 - 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 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 347                         By: Paxton and Jett of the        |
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 6|                                         and                           |
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 7|                                         Martinez of the House         |
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10|       An Act relating to elections; stating purpose of                |
  |       certain prohibition; prohibiting scheduling of                  |
11|       regular or special election by certain entities for             |
  |       specified time period; amending 26 O.S. 2011, Section           |
12|       3-101, as last amended by Section 1, Chapter 110,               |
  |       O.S.L. 2018 (26 O.S. Supp. 2020, Section 3-101),                |
13|       which relates to scheduling of elections; providing             |
  |       an exception to certain scheduling requirements;                |
14|       providing for noncodification; and declaring an                 |
  |       emergency.                                                      |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     NEW LAW     A new section of law not to be          |
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20|codified in the Oklahoma Statutes reads as follows:                    |
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21|    For the purpose of implementation by the State Election Board      |
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22|and county election boards of new precincts associated with new        |
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23|district boundaries for United States Representative, State Senator,   |
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24|State Representative and County Commission districts following the     |
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arsid1651212 SB347 HFLR                                            Page 1
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 1|reapportionment of such districts, no county, school district,         |
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 2|technology center school district, municipality, fire protection       |
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 3|district or other political subdivision authorized to call elections   |
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 4|shall be permitted to schedule a regular or special election           |
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 5|conducted by a county election board on the second Tuesday of          |
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 6|December 2021, the second Tuesday of January 2022 or the first         |
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 7|Tuesday of March 2022.                                                 |
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 8|    SECTION 2.     AMENDATORY     26 O.S. 2011, Section 3-101, as      |
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 9|last amended by Section 1, Chapter 110, O.S.L. 2018 (26 O.S. Supp.     |
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10|2020, Section 3-101), is amended to read as follows:                   |
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11|    Section 3-101.  A.  No election required to be conducted by any    |
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12|county election board shall be scheduled for a day other than          |
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13|Tuesday.                                                               |
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14|    B.  Except as otherwise provided by law, no regular or special     |
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15|election to fill an elective office shall be held by any county,       |
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16|school district, technology center school district, municipality,      |
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17|fire protection district or other political subdivision authorized     |
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18|to call elections except as follows:                                   |
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19|    1.  The second Tuesday of February in any year;                    |
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20|    2.  The first Tuesday of April in any year;                        |
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21|    3.  The date of any regularly scheduled statewide state or         |
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22|federal election in an even-numbered year;                             |
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23|    4.  The second Tuesday of September in an odd-numbered year; and   |
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24|    5.  The second Tuesday of November in an odd-numbered year.        |
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arsid1651212 SB347 HFLR                                            Page 2
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 1|    C.  Except as otherwise provided by law or by Section 1 of this    |
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 2|act, no election for any purpose other than to fill an elective        |
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 3|office shall be held by any county, school district, technology        |
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 4|center school district, municipality, fire protection district or      |
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 5|other political subdivision authorized to call elections except on:    |
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 6|    1.  The second Tuesday of January, February, May, June, July,      |
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 7|August, September, October and November and the first Tuesday in       |
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 8|March and April in odd-numbered years; provided, a municipality with   |
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 9|a population in excess of two hundred fifty thousand (250,000)         |
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10|persons, according to the most recent federal decennial census, may    |
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11|also hold an election on the second Tuesday of December in             |
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12|odd-numbered years; and                                                |
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13|    2.  The second Tuesday of January and February, the first          |
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14|Tuesday in March and April, the last Tuesday in June, the fourth       |
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15|Tuesday in August, and the first Tuesday after the first Monday in     |
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16|November of any even-numbered year.                                    |
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17|    D.  In the event that a regular or special election date occurs    |
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18|on an official state holiday, the election shall be scheduled for      |
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19|the next following Tuesday.  In the event that any day of a            |
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20|candidate filing period occurs on a Saturday, Sunday or any official   |
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21|state holiday, that day of the filing period shall be scheduled for    |
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22|the next business day.                                                 |
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23|    E.  Notwithstanding any other provision of law or any provision    |
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24|of a municipal charter, any municipality, school district,             |
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arsid1651212 SB347 HFLR                                            Page 3
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 1|technology center district, county, rural fire protection district,    |
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 2|or any other entity seeking to hold a regular or special election to   |
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 3|be conducted by a county election board on the same date as a          |
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 4|regular or special federal or state election, shall file the           |
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 5|resolution calling for the election with the county election board     |
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 6|secretary no later than seventy-five (75) days prior to the election   |
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 7|date.  A candidate filing period of three (3) days, if so required     |
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 8|by the resolution, shall begin no later than ten (10) days following   |
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 9|the deadline to file the resolution with the secretary of the county   |
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10|election board; provided, the filing period for such municipal         |
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11|office may be scheduled on the same dates as the filing period for     |
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12|state or federal office to be filled at such election.                 |
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13|    F.  Any school district, technology center district,               |
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14|municipality, including any municipality governed by charter, rural    |
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15|fire protection district or any other entity seeking to hold a         |
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16|special election for the purpose of filling a vacancy shall schedule   |
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17|a candidate filing period of three (3) days to begin not more than     |
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18|twenty (20) days following the date the resolution calling the         |
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19|election is required to be filed with the secretary of the county      |
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20|election board.                                                        |
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21|    SECTION 3.  It being immediately necessary for the preservation    |
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22|of the public peace, health or safety, an emergency is hereby          |
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23|declared to exist, by reason whereof this act shall take effect and    |
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24|be in full force from and after its passage and approval.              |
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arsid1651212 SB347 HFLR                                            Page 4
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 2|COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated          |
  |03/31/2021 - DO PASS, As Coauthored.                                   |
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arsid1651212 SB347 HFLR                                            Page 5
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