1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1728 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to elections; amending 26 O.S. 2021,
7 Section 3-101, as amended by Section 2, Chapter 329,
8 O.S.L. 2023 (26 O.S. Supp. 2023, Section 3-101),
8 which relates to dates of elections held by political
9 subdivisions; modifying dates upon which certain
9 elections may be held; updating statutory reference;
10 updating statutory language; and providing an
10 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. 2021, Section 3-101, as
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15 amended by Section 2, Chapter 329, O.S.L. 2023 (26 O.S. Supp. 2023,
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16 Section 3-101), is amended to read as follows:
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17 Section 3-101. A. No election required to be conducted by any
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18 county election board shall be scheduled for a day other than
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19 Tuesday.
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20 B. Except as otherwise provided by law, no regular or special
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21 election to fill an elective office shall be held by any county,
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22 school district, technology center school district, municipality,
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23 fire protection district or other political subdivision authorized
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24 to call elections except as follows:
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 1 1. The second Tuesday of February March in any year other than
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2 a presidential election year;
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3 2. The first Tuesday of April in any date of the Presidential
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4 Preferential Primary election in a presidential election year as set
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5 forth in Section 20-101 of this title;
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6 3. The date of any regularly scheduled statewide state or
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7 federal election in an even-numbered year;
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8 4. The second Tuesday of September June and the second Tuesday
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9 of August in an odd-numbered year;
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10 5. The second Tuesday of November in an odd-numbered year; and
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11 6. The second Tuesday of June of in an odd-numbered year for a
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12 special election to fill a vacancy.
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13 C. Except as otherwise provided by law or by Section 1 of this
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14 act, no an election for any purpose other than to fill a vacancy in
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15 an elective office shall may only be held by any county, school
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16 district, technology center school district, municipality, fire
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17 protection district or other political subdivision authorized to
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18 call elections except on:
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19 1. The second Tuesday of January, February, May, June, July,
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20 August, September, October and November and the first Tuesday in
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21 March and April in odd-numbered years; provided, a municipality with
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22 a population in excess of two hundred fifty thousand (250,000)
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23 persons, according to the most recent Federal Decennial Census, may
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 1 also hold an election on the second Tuesday of December in odd-
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2 numbered years; and
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3 2. The second Tuesday of January and February, the first
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4 Tuesday in March and April, the third Tuesday in June, the fourth
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5 Tuesday in August, and the first Tuesday after the first Monday in
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6 November of any even-numbered year.
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7 D. In the event that a regular or special election date occurs
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8 on an official state holiday, the election shall be scheduled for
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9 the next following Tuesday. In the event that any day of a
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10 candidate filing period occurs on a Saturday, Sunday or any official
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11 state holiday, that day of the filing period shall be scheduled for
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12 the next business day.
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13 E. Notwithstanding any other provision of law or any provision
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14 of a municipal charter, any municipality, school district,
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15 technology center district, county, rural fire protection district,
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16 or any other entity seeking to hold a regular or special election to
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17 be conducted by a county election board on the same date as a
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18 regular or special federal or state election, shall file the
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19 resolution calling for the election with the county election board
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20 secretary no later than seventy-five (75) days prior to the election
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21 date. A candidate filing period of three (3) days, if so required
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22 by the resolution, shall begin no later than ten (10) days following
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23 the deadline to file the resolution with the secretary of the county
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24 election board; provided, the filing period for such municipal
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 1 office may be scheduled on the same dates as the filing period for
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2 state or federal office to be filled at such election.
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3 F. Any school district, technology center district,
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4 municipality, including any municipality governed by charter, rural
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5 fire protection district or any other entity seeking to hold a
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6 special election for the purpose of filling a vacancy shall schedule
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7 a candidate filing period of three (3) days to begin not more than
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8 twenty (20) days following the date the resolution calling the
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9 election is required to be filed with the secretary of the county
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10 election board.
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11 SECTION 2. This act shall become effective January 1, 2025.
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13 59-2-3144 TEK 1/16/2024 6:06:27 PM
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