ENROLLED SENATE
BILL NO. 1698	By:	Sykes of the Senate

			and

		Banz of the House

An Act relating to elections; requiring local entity to ensure compliance with certain provisions; amending 26 O.S. 2011, Sections 3-101 and 13-102, which relate to election dates and resolutions; requiring filing of election resolution by certain date; specifying date requirements for candidate filing period; providing for codification; and declaring an emergency.

SUBJECT:  Local elections

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-301.1 of Title 26, unless there is created a duplication in numbering, reads as follows:

Any local entity seeking to hold an election on the same date as a state or federal election shall ensure that the election board can comply with the provisions of the Let the Troops Vote Act of 2011, including, but not limited to, submitting the resolution calling for the election, conducting a candidate filing period and conducting any related elections not conducted by the county election board on dates that ensure such compliance.

SECTION 2.     AMENDATORY     26 O.S. 2011, Section 3-101, is amended to read as follows:

Section 3-101.  A.  No election required to be conducted by any county election board shall be scheduled for a day other than Tuesday.

B.  Except as otherwise provided by law, no special election shall be held by any county, school district, technology center school district, municipality or other entity authorized to call elections except on:

1.  The second Tuesday of January, February, May, June, July, August, September, October and November and the first Tuesday in March and April in odd-numbered years;

2.  The second Tuesday of January and February, the first Tuesday in March and April, the last Tuesday in June, the fourth Tuesday in August, and the first Tuesday after the first Monday in November of any even-numbered year.

C.  In the event that a regular or special election date occurs on an official state holiday, the election shall be scheduled for the next following Tuesday.

D.  Notwithstanding any other provision of law or any provision of a municipal charter, any municipality, school district, technology center district, county, rural fire protection district, or any other entity seeking to hold a regular or special election to be conducted by a county election board on the same date as a regular or special federal or state election, shall file the resolution calling for the election with the county election board secretary no later than seventy-five (75) days prior to the election date.  A candidate filing period, if so required by the resolution, shall begin no later than ten (10) days following the deadline to file the resolution with the secretary of the county election board; provided, the filing period for such municipal office may be scheduled on the same dates as the filing period for state or federal office to be filled at such election.

SECTION 3.     AMENDATORY     26 O.S. 2011, Section 13-102, is amended to read as follows:

Section 13-102.  A.  Not fewer than fifteen (15) days before the filing period for any regular municipal election, or in the event of a special election, not fewer than sixty (60) days before such election, the governing board of any municipality shall submit a resolution to the secretary of the county election board conducting such election.  Such resolution shall contain the following facts:

1.  The dates of the election or elections;

2.  The offices to be filled or the questions to be voted upon at such election or elections;

3.  Qualifications for such offices;

4.  Designation of which offices shall be filled by voting by ward and which offices shall be filled by voting at large;

5.  Indication of whether the election will be partisan or nonpartisan;

6.  For charter cities where the charter is silent, indication of any portion of state law which will apply; and

7.  Any other information necessary for conducting said election or elections.

B.  In the event that a municipality governed by charter schedules a regular or special election for a municipal office on the same date as an election involving state or federal offices, the filing period for such municipal office shall be scheduled on a Monday, Tuesday and Wednesday not less than fifteen (15) days nor more than twenty (20) days following the date of the resolution or order; provided, the filing period for such municipal office may be scheduled on the same dates as the filing period for state or federal office to be filled at such election.

SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the Senate the 8th day of March, 2012.

	
	Presiding Officer of the Senate

Passed the House of Representatives the 5th day of April, 2012.

	
	Presiding Officer of the House
	of Representatives