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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1490 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to school district boards of
7 education; amending 26 O.S. 2021, Section 13A-110,
8 which relates to board of education vacancies;
8 directing persons elected to fill vacancies to begin
9 terms at certain meeting in July; amending 70 O.S.
9 2021, Section 5-107A, which relates to board of
10 education elections; directing the terms of elected
10 members to begin at certain meeting in July; updating
11 statutory language; updating statutory references;
11 and providing an effective date.
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13
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A-110, is
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16 amended to read as follows:
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17 Section 13A-110. A. Except as provided for in subsection F of
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18 this section, vacancies for members of the board of education of
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19 every school district or technology center school district shall be
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20 filled by appointment by the board.
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21 B. Except as provided for in subsection D of this section,
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22 persons appointed to fill such vacancies in the first half of the
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23 term of office for the board position shall serve only until the
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24 next succeeding election, at which time the office which they hold
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Req. No. 2278 Page 1
1 shall be placed on the ballot for the balance of the unexpired term.
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2 Vacancies filled by appointment following the delivery of the
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3 resolution calling for regular elections to the secretary of the
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4 county election board shall be filled until the regular elections
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5 the following year. Persons elected to fill unexpired terms shall
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6 begin those terms at the next first regular, special, or emergency
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7 meeting of the board of education held in July following the
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8 election. Persons appointed to fill such vacancies after the first
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9 half of the term of office for the board position shall serve for
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10 the balance of the unexpired term.
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11 C. Except as provided for in subsection D of this section, no
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12 person shall be appointed to a board of education who does not meet
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13 the eligibility qualifications needed to be a candidate for such
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14 position as provided for in Section 13A-106 of this title and
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15 Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma
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16 Statutes.
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17 D. If after the filing period is closed no candidate for an
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18 open position on a board of education of a school district has filed
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19 and therefore a vacancy is created, the vacancy shall be filled by
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20 appointment by the board. Persons appointed to fill such vacancies
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21 shall not be required to reside in the board or election district
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22 but shall be required to reside in the school district and to meet
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23 the other eligibility qualifications needed to be a candidate for
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24 the position as provided for in Section 13A-106 of this title and
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Req. No. 2278 Page 2
1 Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma
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2 Statutes. Persons appointed to fill vacancies as provided for in
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3 this subsection shall be eligible to serve only for the balance of
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4 the term.
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5 E. If the board of education does not fill the vacancy by
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6 appointment within sixty (60) days of the date the board declared
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7 the seat vacant, the board of education shall call a special
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8 election to fill the vacancy for the unexpired term. The special
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9 election shall be called on a date established by subsection B of
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10 Section 3-101 of this title, and the special filing period shall be
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11 scheduled as required in subsection D of Section 13A-109 of this
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12 title.
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13 F. If vacancies occur which result in a loss of a majority of
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14 members of the board of education of a school district or technology
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15 center school district, the Governor shall appoint a member or
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16 members necessary to constitute a quorum to the board of education
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17 pursuant to the authority granted by Section 13 of Article VI of the
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18 Oklahoma Constitution. Such appointment shall be consistent with
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19 the requirements of this section and shall only be for the remainder
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20 of the term of office.
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21 SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-107A, is
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22 amended to read as follows:
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23 Section 5-107A. The following provisions and the provisions of
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24 Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall
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Req. No. 2278 Page 3
1 govern the election of members of the board of education for a
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2 school district:
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3 A. For purposes of this section, temporary positions added to a
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4 board of education pursuant to Section 7-101 or 7-105 of this title
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5 and the chair of the board of education elected pursuant to Section
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6 1 5-107B of this act title shall not be considered in determining
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7 the size of the board. The number and term of each board of
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8 education shall be as follows:
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9 District Members Term (Years)
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10 Elementary 3 3
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11 Independent
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12 1. Districts having a five-member
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13 board 5 5
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14 2. Districts having a seven-
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15 member board unless an
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16 election is conducted
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17 pursuant to subsection C of
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18 this section 7 4
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19 B. In all school districts, the members of the board of
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20 education shall be elected as follows:
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21 1. a. Between August 1 and December 31 of the year following
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22 the submission by the United States Department of
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23 Commerce to the President of the United States of the
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24 official Federal Decennial Census, the board of
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1 education shall reapportion the territory of the
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2 school district into board districts. Beginning with
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3 the reapportionment following the 1990 Federal
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4 Decennial Census, all boundaries of board districts
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5 shall follow clearly visible, definable, and
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6 observable physical boundaries which are based upon
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7 criteria established and recognized by the Bureau of
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8 the Census of the United States Department of Commerce
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9 for purposes of defining census blocks for its
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10 decennial census and shall follow, as much as is
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11 possible, precinct boundaries. Board districts shall
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12 be compact, contiguous, and shall be as equal in
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13 population as practical with not more than a ten
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14 percent (10%) variance between the most populous and
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15 least populous board districts.
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16 b. School districts having fewer than one thousand eight
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17 hundred (1,800) students in average daily membership
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18 during the preceding school year may choose not to
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19 establish board districts and may nominate and elect
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20 all board members at large.
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21 c. Elementary school districts shall have board members
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22 elected at large.
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23 d. A city located in an independent school district
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24 having four or more wards and an outlying area with
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Req. No. 2278 Page 5
1 such outlying area comprising no more than twenty
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2 percent (20%) of the population of such independent
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3 school district, then such independent school district
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4 may adopt such wards and outlying area in lieu of the
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5 board districts provided for in subparagraph a of this
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6 paragraph, and at least one member of the board of
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7 education of such independent school district shall be
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8 a member of each ward; and
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9 2. One member of the board of education shall be elected by the
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10 electors of the school district to represent each such board
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11 district. Provided, however, that in any school district where the
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12 electors of each board district, rather than the electors of the
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13 entire school district, elect board members to represent that board
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14 district, that district shall elect board members in that manner.
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15 If during the term of office to which a person was elected, that
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16 member ceases to be a resident of the board district for which the
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17 person was elected, the office shall become vacant and such vacancy
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18 shall be filled as provided in Section 13A-110 of Title 26 of the
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19 Oklahoma Statutes; and
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20 3. In a school district having more than ten thousand (10,000)
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21 children in average daily membership, the following provision and
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22 the provisions of Section 13A-101 et seq. of Title 26 of the
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23 Oklahoma Statutes shall control as to the election of the members of
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24 the school district's board of education:
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1 a. There shall be held an election in which the electors
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2 of each board district in which a term is expiring or
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3 in which a vacancy exists shall select two candidates
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4 from among the candidates for board member to
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5 represent the board district,
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6 b. If, in the election, one candidate has a majority of
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7 all votes cast, then a run-off election is not
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8 required. If no candidate receives a majority of all
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9 votes cast, then the two candidates receiving the
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10 greatest number of votes shall become the candidates
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11 for the board district in the general election, and
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12 c. At the run-off election, all of the electors of the
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13 board district shall select one of the two candidates
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14 as the member of the board of education representing
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15 the board district.
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16 C. Any seven-member board shall have the option of reducing its
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17 board to a five-member board either after approval of a board
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18 resolution or a vote of the electors of the school district to take
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19 such action pursuant to Section 13A-109 of Title 26 of the Oklahoma
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20 Statutes. The election pursuant to a vote of the electors of the
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21 school district shall be called upon the submission of a petition
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22 requesting the election signed by ten percent (10%) of the school
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23 district electors in the school district, the percentage being
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24 applied to the highest number of voters voting in a regular school
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1 district election in the district in the preceding five (5) years as
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2 determined by the secretary of the county election board, who shall
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3 certify the adequacy of the number of signatures on the petition.
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4 If the question is put before the voters of the district, such
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5 election shall be held along with and at the same time and place as
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6 the next school election if all requirements of Section 13A-101 et
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7 seq. of Title 26 of the Oklahoma Statutes for such election are met.
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8 After such resolution or election, the board shall reapportion
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9 the district, determining by resolution or by lot which board member
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10 offices shall be abolished at the end of the current board member's
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11 term and which shall become one of the offices of the new board.
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12 Election of the resulting board members shall be carried out
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13 according to procedures stated in this section and Section 13A-101
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14 et seq. of Title 26 of the Oklahoma Statutes.
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15 School board members currently serving in offices abolished
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16 pursuant to this subsection shall continue serving until the end of
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17 their current terms as at-large members.
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18 D. Except for the chair of the board of education elected
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19 pursuant to Section 1 5-107B of this act title, offices of members
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20 of the board of education shall be designated by consecutive numbers
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21 and shall correspond with board districts when applicable.
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22 E. Except for those members elected prior to July 1, 1992, the
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23 terms of office of the members of a five-member board of education
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24 shall commence on the first regular, special, or emergency school
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Req. No. 2278 Page 8
1 board meeting held in July after the date of the annual school
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2 election and after the member has been certified as elected:
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3 Office No. 1 1991
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4 Office No. 2 1992
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5 Office No. 3 1993
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6 Office No. 4 1994
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7 Office No. 5 1995
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8 The terms of office of the members of a seven-member board of
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9 education shall be staggered, with one member being elected in 1991,
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10 two members being elected in 1992, two members being elected in
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11 1993, and two members being elected in 1994 and shall commence on
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12 the first regular, special, or emergency school board meeting after
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13 the date of the annual school election and after the member has been
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14 certified as elected; provided, in districts needing to elect two
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15 members in 1991 to maintain a full complement of board members, two
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16 members shall be elected in 1991, one for a full term and one for a
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17 one-year term, as determined by the local board. If a seven-member
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18 board is formed upon consolidation pursuant to Section 7-105 of this
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19 title, or upon annexation pursuant to Section 7-101 of this title,
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20 the formation agreement shall specify initial short terms as
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21 necessary to extend until the beginning of the regular terms for
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22 seven-member boards established herein.
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1 Upon reduction of a seven-member board pursuant to subsection C
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2 of this section, the terms of the five-member board shall be
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3 staggered pursuant to this subsection.
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4 One member of a three-member board of education shall be elected
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5 each year, and the terms of office shall commence on the first
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6 regular, special, or emergency school board meeting held in July
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7 after the member has been certified as elected.
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8 F. The term of office of each board member elected after July
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9 1, 1992, shall commence on the first regular, special, or emergency
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10 school board meeting held in July after the date of the annual
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11 school election and after the member has been certified as elected.
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12 Board members elected prior to July 1, 1992, may remain in office
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13 until their successor is elected and seated pursuant to Sections
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14 13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The
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15 remaining term of any member who completes the term for which the
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16 member was elected but not wishing to serve until the successor of
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17 the member takes office on the first regular, special, or emergency
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18 school board meeting held in July after the successor has been
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19 certified as elected, shall be filled by appointment by the
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20 remaining members of the board of education.
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21 SECTION 3. This act shall become effective November 1, 2026.
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23 60-2-2278 EB 1/9/2026 9:33:50 AM
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Req. No. 2278 Page 10Every fact on this page links to its source, starting with the official bill record.