Bill Text For SB0962 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 962                         By: Treat and Bullard of the      |
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 4|                                         McCall of the House           |
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 7|       An Act relating to school district elections;                   |
  |       amending 26 O.S. 2011, Sections 13A-103, as amended             |
 8|       by Section 1, Chapter 9, O.S.L. 2018 and 13A-105 (26            |
  |       O.S. Supp. 2020, Section 13A-103), which relate to              |
 9|       election dates and declaration of candidacy;                    |
  |       modifying permissible dates for certain elections;              |
10|       modifying dates for filing for certain office; and              |
  |       providing an effective date.                                    |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     26 O.S. 2011, Section 13A-103, as    |
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15|amended by Section 1, Chapter 9, O.S.L. 2018 (26 O.S. Supp. 2020,      |
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16|Section 13A-103), is amended to read as follows:                       |
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17|    Section 13A-103.  A.  1.  The general election of members of the   |
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18|board of education of every school district and technology center      |
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19|school district shall be conducted on the first second Tuesday of      |
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20|April November of each odd-numbered year, and on the first Tuesday     |
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21|after the first Monday of November in each even-numbered year.         |
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22|    2.  The primary election of members of the board of education of   |
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23|every school district and technology center school district, if        |
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24|necessary, shall be conducted on the second Tuesday in February        |
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 1|September of each odd-numbered year, except in any year when a         |
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 2|Presidential Preferential Primary is held in February, then the        |
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 3|election shall be held on the same day as the Presidential             |
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 4|Preferential Primary and on the fourth Tuesday of August in each       |
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 5|even-numbered year.                                                    |
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 6|    3.  If only two candidates qualify to have their names appear on   |
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 7|the ballot, the names of both candidates shall appear on the ballot    |
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 8|at the board of education general election.                            |
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 9|    4.  If more than two candidates qualify to have their names        |
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10|appear on the ballot, the names of all such candidates shall appear    |
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11|on the ballot at the board of education primary election.  A           |
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12|candidate receiving more than fifty percent (50%) of the votes cast    |
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13|in the board of education primary election shall be elected to the     |
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14|office.  If no candidate receives more than fifty percent (50%) of     |
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15|the votes cast in the board of education primary election, then the    |
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16|two candidates with the highest number of votes shall appear on the    |
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17|ballot at the board of education general election.                     |
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18|    B.  Elections on the question of making a levy or levies for       |
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19|schools under Section 9, Section 9B or Section 10 of Article X of      |
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20|the Oklahoma Constitution shall be held on the second Tuesday in       |
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21|February of each year, except in any year when a Presidential          |
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22|Preferential Primary is held in February, then the election shall be   |
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23|held on the same day as the Presidential Preferential Primary.         |
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 1|    C.  The board of education of every school district or             |
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 2|technology center school district may call a special election for      |
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 3|the purpose of voting on any matter or question authorized by law.     |
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 4|    SECTION 2.     AMENDATORY     26 O.S. 2011, Section 13A-105, is    |
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 5|amended to read as follows:                                            |
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 6|    Section 13A-105.  Candidates for member of the board of            |
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 7|education of every school district or technology center school         |
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 8|district shall file declarations of candidacy in the same place and    |
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 9|with the same officials as candidates for county office.  The          |
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10|declaration of candidacy to be signed by the candidate shall have an   |
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11|attachment to be signed by the candidate listing the requirements of   |
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12|a candidate for election or reelection to a school board as set        |
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13|forth in Sections 13A-106 and 5-105a of this title and Sections        |
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14|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and    |
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15|the candidate shall swear or affirm that he or she is eligible to      |
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16|run for the office or serve in the office if elected.  Candidates      |
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17|shall file no earlier than 8:00 a.m. on the first Monday second        |
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18|Wednesday in December April through no later than 5:00 p.m. on the     |
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19|following Wednesday next succeeding Friday.  For school districts      |
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20|and technology center school districts located in more than one        |
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21|county, filing may be either in the county wherein supervision of      |
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22|the district is located or in the county where the candidate           |
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23|resides.                                                               |
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24|    SECTION 3.  This act shall become effective January 1, 2023.       |
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 1|    Passed the Senate the 10th day of March, 2021.                     |
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  |                                    Presiding Officer of the Senate    |
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 5|    Passed the House of Representatives the ____ day of __________,    |
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 6|2021.                                                                  |
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  |                                     Presiding Officer of the House    |
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