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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 709 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to boards of education; amending 26
7 O.S. 2021, Section 13A-105, which relates to filing
8 declarations of candidacy; clarifying filing dates
8 for candidates in a regular election; providing for
9 candidate filing in a special election; amending 26
9 O.S. 2021, Section 13A-110, which relates to board of
10 education vacancies; directing vacancies to be filled
10 by election; removing language providing for
11 vacancies to be filled by appointment; providing
11 special election process to fill vacancy; removing
12 language regarding appointment of members; removing
12 language requiring a special election if vacancy is
13 not filled within certain time period; providing an
13 effective date; and declaring an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A-105, is
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18 amended to read as follows:
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19 Section 13A-105. Candidates for member of the board of
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20 education of every school district or technology center school
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21 district shall file declarations of candidacy in the same place and
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22 with the same officials as candidates for county office. The
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23 declaration of candidacy to be signed by the candidate shall have an
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24 attachment to be signed by the candidate listing the requirements of
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Req. No. 1382 Page 1
1 a candidate for election or reelection to a school board as set
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2 forth in Sections 13A-106 and 5-105a of this title and Sections 5-
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3 110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and
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4 the candidate shall swear or affirm that he or she is eligible to
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5 run for the office or serve in the office if elected. Candidates
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6 for a school board office to be filled in the regular election as
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7 provided in subsection A of Section 13A-103 of this title shall file
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8 on the first Monday in December through the following Wednesday.
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9 Candidates for a school board office to be filled in a special
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10 election shall file on a Monday through the following Wednesday that
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11 is at least ten (10) days after the seat has been declared vacant.
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12 For school districts and technology center school districts located
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13 in more than one county, filing may be either in the county wherein
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14 supervision of the district is located or in the county where the
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15 candidate resides.
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16 SECTION 2. AMENDATORY 26 O.S. 2021, Section 13A-110, is
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17 amended to read as follows:
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18 Section 13A-110. A. Except as provided for in subsection F of
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19 this section, vacancies Vacancies for members of the board of
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20 education of every school district or technology center school
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21 district shall be filled by appointment by the board election for
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22 the balance of the unexpired term.
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23 B. Except as provided for in subsection D of this section,
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24 persons appointed to fill such vacancies in the first half of the
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Req. No. 1382 Page 2
1 term of office for the board position shall serve only until the
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2 next succeeding election, at which time the office which they hold
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3 shall be placed on the ballot for the balance of the unexpired term.
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4 Vacancies filled by appointment following the delivery of the
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5 resolution calling for regular elections to the secretary of the
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6 county election board shall be filled until the regular elections
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7 the following year. upon notification of a vacancy, the board of
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8 education shall make a vacancy declaration at its next regularly
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9 scheduled meeting, set the filing dates for declarations of
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10 candidacy, and adopt the resolution calling for a special election
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11 as provided for in Section 13A-109 of this title. If the vacancy is
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12 declared within the first fourteen (14) days of November, the board
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13 of education shall use the regular election process provided for in
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14 subsection A of Section 13A-103 of this title to fill the office.
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15 If the vacancy is declared at any other time of the year, the board
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16 of education shall call for a special election as provided for in
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17 subsection C of Section 13A-103 of this title and Section 13A-109 of
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18 this title. The special election shall be called on a date
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19 established by subsection B of Section 3-101 of this title, and the
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20 special filing period shall be scheduled as required in subsection D
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21 of Section 13A-109 of this title. Persons elected to fill unexpired
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22 terms shall begin those terms at the next regular meeting of the
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23 board of education following the election. Persons appointed to
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24 fill such vacancies after the first half of the term of office for
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1 the board position shall serve for the balance of the unexpired
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2 term.
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3 C. Except as provided for in subsection D of this section, no
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4 person shall be appointed elected to a board of education who does
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5 not meet the eligibility qualifications needed to be a candidate for
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6 such position as provided for in Section 13A-106 of this title and
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7 Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma
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8 Statutes.
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9 D. If after the filing period is closed no candidate for an
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10 open position on a board of education of a school district has filed
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11 and therefore a vacancy is created, the vacancy shall be filled by
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12 appointment by the board. Persons appointed to fill such vacancies
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13 shall not be required to reside in the board or election district
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14 but shall be required to reside in the school district and to meet
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15 the other eligibility qualifications needed to be a candidate for
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16 the position as provided for in Section 13A-106 of this title and
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17 Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma
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18 Statutes. Persons appointed to fill vacancies as provided for in
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19 this subsection shall be eligible to serve only for the balance of
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20 the term.
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21 E. If the board of education does not fill the vacancy by
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22 appointment within sixty (60) days of the date the board declared
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23 the seat vacant, the board of education shall call a special
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24 election to fill the vacancy for the unexpired term. The special
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1 election shall be called on a date established by subsection B of
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2 Section 3-101 of this title, and the special filing period shall be
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3 scheduled as required in subsection D of Section 13A-109 of this
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4 title.
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5 F. If vacancies occur which result in a loss of a majority of
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6 members of the board of education of a school district or technology
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7 center school district, the Governor shall appoint a member or
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8 members necessary to constitute a quorum to the board of education
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9 pursuant to the authority granted by Section 13 of Article VI of the
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10 Oklahoma Constitution. Such appointment shall be consistent with
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11 the requirements of this section and shall only be for the remainder
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12 of the term of office.
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13 SECTION 3. This act shall become effective July 1, 2025.
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14 SECTION 4. It being immediately necessary for the preservation
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15 of the public peace, health, or safety, an emergency is hereby
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16 declared to exist, by reason whereof this act shall take effect and
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17 be in full force from and after its passage and approval.
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Req. No. 1382 Page 5Every fact on this page links to its source, starting with the official bill record.