School Laws of Oklahoma
Chapter 5 - Elections and Ethics
Article I: School Elections and Ethics
Section 708. Polling Places - Procedures. (26 O.S. § 13A-101)
A. Except as otherwise provided by law, the general election laws shall apply to all elections for school districts and technology center school districts. When it is impossible or impractical to apply the general election laws for school districts and technology center school districts, the Secretary of the State Election Board shall prescribe procedures consistent with the purposes of the general election laws.
B. All precincts totally or partially contained within the boundaries of a school district or a technology center school district shall be open for all elections held by such school district or technology center school district except as otherwise provided in this section. A school district or technology center school district may authorize any precinct which is only partially located within the boundaries of the district not to be opened by certifying to the county election board in the resolution calling for an election that no persons reside within that portion of the precinct contained within the boundaries of the district.
C. The Secretary of the State Election Board is authorized to promulgate rules setting forth procedures to allow the board of education of a school district or career technology school district to request that a precinct only partially located within the district’s boundaries, and in which there are one hundred (100) registered voters or less in the portion of the precinct located within the district, not to be opened. The procedures shall ensure that any registered voters affected are notified of the precinct closing and of other voting options.
Note: See Section 720 as to absentee ballots.
Note: A School District election cannot be scheduled for any date during the 20 days immediately preceding the date of a Primary, Runoff Primary or General Election (26 101, 26-102, 26-103)
The failure of a notice of school bond election to state locations of combined boxes and to include information about absentee voting was not sufficient to invalidate election because no prejudice was shown and no allegations were made that anyone failed to vote because of deficient notice. Fuller v. Board of Education of Elementary School Dist. No. 22, 875 P.2d 1156 (Okla. App. 1994)
To call for an election by petition of the people to vote on issues pertaining to imposition or repeal of an operating millage levy, statute requires a majority of the school district electors in an area vo-tech school district to sign the petition. December 2, 1988 (AG Op. No. 88-64)
Provisions of Oklahoma School Code regulating elections of school board members prevail over conflicting city charter provisions. November 20, 1981 (AG Op. No. 81-287)
Special election to secure vote that is merely advisory and not binding on board of education is not authorized by law. May 14, 1980 (AG Op. No. 80-82)
Oklahoma’s durational residence requirements for voter eligibility are unconstitutional. AG Op. April 20, 1972
Oklahoma Constitution provisions limiting right to vote on local support levy to property taxpayers violate Equal Protection Clause of the 14th Amendment to the U.S. Constitution: and all qualified electors are eligible to vote on the levy. AG Op. December 14, 1972
Elector allowing registration to expire becomes ineligible to vote in school district election. AG Op. April 29, 1971
Person owning land in school district and paying taxes thereon can be denied right to vote at local support levy election in district solely because he lives in another district. AG Op. February 5, 1970
Temporary absence does not deprive one of his residence. Jones v. Burkett, 346 P.2d 338 (Okla. 1959)
Residence is place where one’s habitation is fixed without present purpose of removing therefrom. Jones v. Burkett, 346 P.2d 338 (Okla. 1959)
School district electors of territory annexed to another school district become eligible to vote in district to which territory is annexed, immediately when annexation becomes final. AG Op. January 21, 1963
Certification by voter as to residence and registration sufficient, but election official can require other evidence, such as voter’s identification card, affidavit, etc. AG Op. October 5, 1961
Person living in annexed district can vote at school elections held in annexing district located in another county. AG Op. April 17, 1961
Section 709. Applicability. (26 O.S. § 13A-102)
Unless otherwise provided by law, all elections for every school district and technology center school district shall be conducted in accordance with provisions of this article.
Section 710. Election Dates - Board Member - Nominations - Levy or Levies - Special Elections. (26 O.S. § 13A-103)
A. The election of members of the board of education of every school district and technology center school district shall be conducted on the second Tuesday in February of each year, except in any year when a Presidential Preferential Primary is held in February, then the election shall be held on the same day as the Presidential Preferential Primary.
If no candidate receives more than fifty percent (50%) of the votes cast in the election provided for in this subsection, an election between the two candidates with the highest number of votes shall be conducted on the first Tuesday in April of that year.
B. Elections on the question of making a levy or levies for schools under Section 9, Section 9B or Section 10 of Article X of the Oklahoma Constitution shall be held on the second Tuesday in February of each year, except in any year when a Presidential Preferential Primary is held in February, then the election shall be held on the same day as the Presidential Preferential Primary.
C. The board of education of every school district or technology center school district may call a special election for the purpose of voting on any matter or question authorized by law.
The statute is unambiguous and authorizes the calling of a special election for the re-submission of a levy election which has failed. Protest Against Tax Levy of Ardmore Independent School No. 19, 1998 OK 43, 959 P.2d 580.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 711. Special Election Dates. (26 O.S. § 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.
Note: Amended by HB 1615, Sec. 4 of the 2011 Reg. Sess. Effective November 1, 2011.
Note: See Section 719 for prohibited dates.
Section 712. School Districts Located in More than One County - Certification. (26 O.S. § 13A-104)
For school districts and technology center school districts located in more than one county, the county election board located in the county wherein supervision of the district is located shall be responsible for certifying its elections. The Secretary of the State Election Board shall prescribe procedures for certification.
Section 713. Declaration of Candidacy. (26 O.S. § 13A-105)
Candidates for member of the board of education of every school district or technology center school district shall file declarations of candidacy in the same place and with the same officials as candidates for county office. The declaration of candidacy to be signed by the candidate shall have an attachment to be signed by the candidate listing the requirements of a candidate for election or reelection to a school board as set forth in Sections 13A-106 and 5-105a of this title and Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and the candidate shall swear or affirm that he or she is eligible to run for the office or serve in the office if elected. Candidates shall file on the first Monday in December through the following Wednesday. For school districts and technology center school districts located in more than one county, filing may be either in the county wherein supervision of the district is located or in the county where the candidate resides.
Section 713.1. Contest of Candidacy. (26 O.S. § 5-118)
Any candidate, hereafter referred to as petitioner, may contest the candidacy of any other candidate for the same office, hereafter referred to an contestee, by filing a written petition with the secretary of the election board with whom said candidate filed the declaration of candidacy. In the event only one candidate files for an office, a petition contesting the candidacy may be filed by any registered voter who is eligible to vote for the candidate.
If an incumbent member of a board of education fails to satisfy the 15-hour continuing education requirement during any full term of office, that board member is ineligible to run for reelection. If, however, no one challenges his/her candidacy and the member is reelected, the member is eligible to hold office. Once reelected, the school board member possesses a proper certificate of election, and the school board cannot refuse to seat the member. Even if the re-elected incumbent member holds office illegally, the actions taken by the board are valid. July 16, 2001 (AG Op. No. 01-33)
Section 714. Qualifications of Candidates - Eligible Voters. (26 O.S. § 13A-106)
A. To be eligible to be a candidate for member of the board of education of a school district or technology center school district, a person must have resided in the district or, if the board seat is in an independent district, have resided in that district for at least six (6) months preceding the first day of the filing period, and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the district for six (6) months preceding the first day of the filing period. Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education of a school district or technology center school district unless the person has been awarded a high school diploma or certificate of high school equivalency. In school districts that are divided into election districts, a candidate must have resided in the district for at least six (6) months preceding the first day of the filing period and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the election district for six (6) months preceding the first day of the filing period. Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education unless the person has been awarded a high school diploma or certificate of high school equivalency.
B. To be eligible to vote in a school district election or a technology center school district election, a person must be registered with the county election board at an address located within the geographical boundaries of the district. To be eligible to vote in an election district election within a school district, a person must be registered with the county election board at an address located within the geographical boundaries of the election district.
Resident of elementary school district is not eligible to be a candidate for or member of board of education of independent school district where resident’s children will attend high school. Candidate must be resident of district governed by board of education. May 4, 2000 (AG Op. No. 00-24)
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 715. Maps to be Provided. (26 O.S. § 13A-108)
The State Department of Education shall provide the State Election Board with information concerning the boundary lines of school districts within the state. The State Election Board shall provide the county election boards with maps of each county and of individual precincts within each county showing the boundary lines of school districts and with software for the Oklahoma Election Management System capable of assigning addresses within the county to the appropriate school district.
Section 716. Resolution Calling for Regular or Special Election. (26 O.S. § 13A-109)
A. The board of education of every school district and technology center school district shall notify, by resolution, the secretary of the county election board responsible for certifying its election of any regular or special election.
B. The resolution calling for an election or elections shall include, but shall not be limited to, the following information:
1. Date or dates of the election or elections;
2. Identification of the office or offices to be filled, qualifications of candidates for office and the length of term of each;
3. Information describing election districts within the school district, if applicable;
4. Ballot titles of the question or questions to be voted upon;
5. Information describing the persons eligible to vote in the election; and
6. All other information necessary for conducting the election or elections.
C. Resolutions calling for regular elections shall be delivered to the secretary of the county election board no fewer than fifteen (15) days preceding the first day of the filing period. The resolution shall contain all questions to be voted upon at the election to be held on the day as required in Section 13A-103 of this title.
D. Resolutions calling for special elections shall be delivered to the secretary of the county election board no fewer than sixty (60) days preceding the election.
E. In addition to notifying the secretary of the county election board of the election by resolution as required in this section:
1. For elections of members of the board of education of a school district, the board shall also publish a legal notice for each regular and special election in one issue of a legal newspaper of the county, as defined by Section 106 of Title 25 of the Oklahoma Statutes, in the county wherein the school district administrative office is located at least ten (10) days prior to the filing period and shall issue a news release of the upcoming filing period and election to a newspaper of general circulation in the county wherein the school district administrative office is located. The legal notice and press release shall include, but shall not be limited to, the dates of the filing period for the election or elections and the office or offices to be filled. The notice shall also be posted at the school district administrative offices and county election board offices; and
2. For elections of members of the board of education of a technology center school district, the board shall also publish a legal notice for each regular and special election in one issue of a legal newspaper of the county, as defined by Section 106 of Title 25 of the Oklahoma Statutes, in each county wherein the school district is a member in the technology center district at least ten (10) days prior to the filing period. Additionally, the technology center school district shall issue a news release of the upcoming filing period and election to a newspaper of general circulation in each county wherein the school district is a member in the technology center district. The legal notice and press release shall include, but shall not be limited to, the dates of the filing period for the election or elections and the office or offices to be filled. The notice shall also be posted in each county at the technology center school district administrative offices, if such office exists in the county, and county election board office in each county.
Section 717. Vacancy - How Filled. (26 O.S. § 13A-110)
A. Except for a vacancy in the position of the chair of the board elected pursuant to Section 1 of this act, vacancies for members of the board of education of every school district or technology center school district shall be filled by appointment by the board. Persons appointed to fill such vacancies in the first half of the term of office for the board position shall serve only until the next succeeding election, at which time the office which they hold shall be placed on the ballot for the balance of the unexpired term. Vacancies filled by appointment following the delivery of the resolution calling for regular elections to the secretary of the county election board shall be filled until the regular elections the following year. Persons elected to fill unexpired terms shall begin those terms at the next regular meeting of the board of education following the election. Persons appointed to fill such vacancies after the first half of the term of office for the board position shall serve for the balance of the unexpired term. No person shall be appointed to a board of education who does not meet the eligibility qualifications needed to be a candidate for such position as provided for in Sections 13A-106 of this title and Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma Statutes.
B. If the board of education does not fill the vacancy by appointment within sixty (60) days of the date the board declared the seat vacant, the board of education shall call a special election to fill the vacancy for the unexpired term.
C. In districts having a chair of the board elected by the electors of the district, a vacancy in the office of the chair of the board shall be filled by the vice-chair who shall continue to serve as the board member for the board district for which elected. The board shall call a special election to elect a chair of the board to serve the remainder of the unexpired term. The special election shall be held in conjunction with the next regular, district-wide school election, conducted pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes, that is held more than ninety (90) days after the vacancy occurs. The successful candidate in the special election shall assume office as provided for district board of education members and shall serve the remainder of the unexpired term.
If school board member is not a resident of the school district governed by the board, the board may declare a vacancy and appoint a new member to the board. If necessary, the attorney general or district attorney may file an action to remove an elementary school district resident elected to serve on the board of education of an independent school district. May 4, 2000 (AG Op. No. 00-24)
A board of education may schedule an election to fill a vacancy on the board prior to the end of the 60-day appointment period if, after due diligence, the board concludes that it cannot agree on an eligible and willing appointee. AG Inf. Op. June 26, 1997.
Vacancy in office of member of board of education of independent district occurs immediately when member accepts and qualifies for another office, and if vacancy is not filled by board within 70 days thereafter, an election to fill the vacancy should be called. AG Op. February 11, 1963
Resignation of member of board of education of independent district should be submitted to and accepted by the board. AG Op. May 5, 1961
Failure of member of board of education to attend meetings might constitute abandonment of office with resulting vacancy to be determined by board of education. AG Op. February 1, 1958
Where board of education has been reduced to 4 members any 3 members can meet and transact business, if all 4 members have been notified of meeting; and if only 3 members appear at such meeting, 2 of those present can take official binding act. AG Op. December 31, 1953
Fact of resignation of person from office of member of board of education of independent school district and that vacancy exists in said office determinable by remaining members of board and the board, as then constituted, is authorized to fill vacancy. Bowen v. Brock, 244 P.2d 546 (Okla. 1952)
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 718. Cost of Elections - Reimbursement to County Election Board. (26 O.S. § 13A-111)
A. At elections held concurrently with county and state elections, the board of education of every school district and technology center school district shall reimburse the county election board only for those costs exclusively attributable to the district.
B. At elections not held concurrently with county and state elections, the board of education of every school district and technology center school district shall reimburse the county election board for all costs of the election. If more than one entity holds an election concurrently, then costs shall be assessed proportionately.
Section 719. Election Date Prohibition. (26 O.S. § 20-101)
A. A Presidential Preferential Primary for recognized political parties shall be held on the first Tuesday in March in each of the years in which the President and Vice President of the United States are to be elected.
B. If one or more states having a mutual boundary with this state establish a single date for a regional primary, the State Election Board is authorized to change the date of the Oklahoma primary to the date established for the regional primary, as long as the date is not before the first Tuesday in March.
C. No county, municipality, school district or other entity authorized by law to call elections shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such Primary Election. However, this subsection shall not apply to home rule municipalities.
Note: Amended by HB 1614, Sec. 1 & SB 1615, Sec. 17 of the 2011 Reg. Sess. Effective November 1, 2011.
Section 720. Absentee Ballots. (26 O.S. § 14-101)
A. Absentee ballots shall be provided for any election conducted by a county election board. A charter municipality may adjust its filing period and election dates to allow sufficient time for the mailing and return of absentee ballots if the filing period or election dates provided in the municipality’s charter do not provide sufficient time for the mailing and return of absentee ballots.
B. Any election called by a charter municipality simultaneously with any other entity’s election held in any part of the municipality shall provide no less time for the mailing and return of absentee ballots than the least time provided by the other entity.
Section 721. Special Elections - Time Period. (26 O.S. § 12-116)
In the event the Governor or the Legislature shall call for a special statewide election on any measure to be submitted to a vote of the people, the election shall be held not fewer than seventy (70) days from the date the election is called. Such special statewide election may be on the same date as a primary or general election or may be on some other date set by the Governor or the Legislature. In the event the board of county commissioners or the governing body of a municipality or school district or technology center school district or any other governmental subdivision calls for a special election on any question, the election shall be held not fewer than sixty (60) days from the date the election is called; provided, that a special election called by a school or technology center school district to be held on the date of the annual school runoff election shall not be held fewer than forty-five (45) days from the date the special election is called. A special election to fill a vacancy for member of the board of education of a school district or to fill a vacancy for municipal office shall be scheduled not fewer than sixty (60) days from the date the election is called.
Note: Amended by SB 1615, Sec. 13 of the 2011 Reg. Sess. Effective November 1, 2010.
Notice for the calling of a special election to be held on the date of the annual school runoff election need only be given 45 days before special election is to be held, even if there is no runoff election for a board position. Protest Against Tax Levy of Ardmore Independent School No. 19, 1998 OK 43, 959 P.2d 580.
Section 722. Payment of Claims For Election Expenses. (26 O.S. § 3-105.1)
A. When any county, municipality, school district or other governmental entity authorizes an election to be conducted by the county election board, the secretary of the county election board shall, not less than thirty-five (35) days prior to the election, submit to the governmental entity for whom the election is authorized:
1. An itemized estimate of the number of precinct inspectors, judges, clerks, and absentee voting board members necessary for the election; and
2. An estimate of the compensation and employer’s share of any benefits to be provided to each precinct inspector, judge, and clerk, and absentee voting board members.
B. Not less than fifteen (15) days prior to the election, the county, municipality, school district or other governmental entity authorizing the election shall submit to the secretary of the county election board an amount of funds equal to the estimate of compensation and benefits for precinct inspectors, judges, clerks, and absentee voting board members as provided in subsection A of this section. If such amount is not submitted ten (10) days prior to the election, the secretary of the county election board shall not be required to hold the election. Upon receipt of the funds, the secretary of the county election board shall deposit the funds in the County Election Board Special Depository Account.
C. The secretary of the county election board shall issue vouchers for the compensation and benefits of precinct inspectors, judges, clerks, and absentee voting board members from the County Election Board Special Depository Account, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes. The secretary of the county election board shall provide the vouchers to the precinct inspector, except the voucher for the inspector and absentee voting board members, at the time the inspector receives supplies and ballots for the election. The vouchers shall be distributed to the appropriate precinct judges and clerks upon closing of the polls on the day of the election and to absentee voting board members upon completion of their prescribed duties, according to procedures to be prescribed by the Secretary of the State Election Board. Each precinct inspector, judge and clerk shall sign a form prescribed by the Secretary of the State Election Board acknowledging receipt of compensation and benefits. The inspector shall return the form, together with any unclaimed vouchers, to the county election board, together with the results of the election and other supplies and materials. At such time, the secretary of the county election board shall provide a voucher for payment to the inspector. The secretary of the county election board shall return any unclaimed vouchers to the county treasurer within seven (7) days after the election. If any additional vouchers for compensation and benefits are required, the secretary of the county election board shall issue such vouchers not less than seven (7) days after the election. In no event shall compensation be made until after services have been rendered.
D. As soon as practicable after conducting an election for a municipality, school district, or other governmental entity, except the state or county, the secretary of the county election board shall submit a claim to the governing body of the entity for whom the election was conducted. The claim shall itemize all expenses associated with the election, and shall deduct any amount paid by the municipality, school district or other governmental entity for the compensation and employer’s share of any benefits provided to precinct inspectors, judges, clerks, and absentee voting board members pursuant to the provisions of subsection B of this section. Upon receipt of such itemized claim, the governing body shall make payment to the county election board within thirty (30) days. Upon receipt of the payment, the secretary of the county election board shall deposit the payment in the County Election Board Special Depository Account. The secretary shall disburse payments for the expenses incurred in the election, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes.
E. The State Election Board shall provide the compensation and employer’s share of benefits for precinct inspectors, judges, clerks, and absentee voting board members in the payment made to the respective counties for elections for which said precinct inspectors, judges, clerks, and absentee voting board members are paid by the State Election Board, in the same manner as provided in subsections A and B of this section. For the foregoing elections, the county shall place in the County Election Board Special Depository Account an amount of funds equal to Two Dollars ($2.00) for each inspector, judge, and clerk at each election in the same manner as provided in subsections A and B of this section. The Secretary of the State Election Board shall prescribe a procedure by which the State Election Board or the county shall be reimbursed for any overpayment made to a county election board for compensation and employer’s share of benefits paid to precinct inspectors, judges, clerks, and absentee voting board members.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 723. Expenditure of Public Funds to Affect Elections. (26 O.S. § 16-119)
Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law.
It is not unlawful under 26 O.S. 16-119 for school board whose funding will be affected by outcome of an initiative or referendum election to make expenditure of funds for employee compensation contingent upon outcome of election. May 22, 1996 (AG Op. No. 96-23)
Public officer who voted to pay dues to private association for express purpose of such private association using such dues to support or oppose initiative or referendum would be subject to criminal liability under 26 O.S. 16-119. May 13,1996. (AG Op. No. 95-14)
There is no state statutory or constitutional authority for officials to use public funds to advocate specific election result. Generally, public funds cannot be used to promote specific election result unless factual circumstances create an exception. Use of public funds to oppose or support matters referred to voters by initiative or referendum is prohibited by 26 O.S., §16-119 which applies to school bond elections referred to voters by means of initiative or referendum. June 23, 1992 (AG Op. No. 91-27)
Section 723.0. Use of Public Funds, Property, Time, and Personnel to Influence Elections. (74 O.S. § 257:10-1-3)
(a) A person shall not use or authorize the use of public funds, property, or time, to participate or assist in the organization of or preparation for a fundraiser for a campaign or in any solicitation of funds for or against a candidate for state office or a ballot measure.
(b) A person shall not use or authorize the use of public funds, property, or time to produce, print, publish, broadcast, or otherwise disseminate material designed or timed to influence the results of an election for state office or a ballot measure, except political activities or statements inherent to or part of the function of a candidate or an elective officer or in the performance of a state officer’s or state employee’s duties or as allowed by law, regardless of the lack of specific reference to the election.
(c) Subsection (b) shall not prevent:
(1) use of a meeting room, auditorium or similar space in a public facility, provided that:
(A) if a fee is normally charged for use of the facility, the fee is the same for all candidates for state office, political parties or ballot measure committees for such use;
(B) the facility is not required for public purposes during the applicable time period;
(C) the same opportunity for use of the facility is given to all candidates for a particular office who request its use on a first-come-first-serve basis;
(D) the same opportunity for use of the facility is given to all political parties which request its use on a first-come-first-serve basis; and
(E) the same opportunity for use of the facility is given to all ballot measure committees which request its use on a first-come-first-serve basis;
(2) incidental use of public building sidewalks, common grounds, parking lots and areas within public buildings;
(3) the handing out of leaflets, brochures, or partisan or nonpartisan campaign materials on sidewalks, common grounds, or parking lots and within public buildings which are not used for the conduct of state government business; or
(4) any other activity the exercise of which is guaranteed by the Oklahoma Constitution or the United States Constitution.
(d) A person shall not authorize the use of state officers or state employees for the purposes set forth in Subsections (a) and (b) while in a uniform that identifies him or her as a state officer or state employee or during the hours that the state officer or state employee is officially in work status for a governmental entity.
(e) A person shall not print or distribute or cause to be printed or distributed, at public expense, a newsletter or other mass mailing of promotional material on behalf of an elective officer from the day the officer files a declaration of candidacy through the date of the election for the office.
(f) A person shall not solicit, verbally or in writing, in a facility ordinarily used for the conduct of state government business, a contribution from a state employee.
(g) A person shall not distribute or post, or cause to be distributed or posted, in a facility ordinarily used for the conduct of state government business, a communication designed to influence the outcome of an election for state office or a ballot measure.
(h) This section, except for Subsection (e), does not apply to:
(1) activities that are part of the ordinary conduct of the governmental entity; and
(2) nonpartisan voter registration activities.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 723.1. Political Subdivisions Ethics Act. (51 O.S. § 301)
Sections 15 through 39 of this act shall be known and may be cited as the “Political Subdivisions Ethics Act”.
Section 723.2. Legislative Intent. (51 O.S. § 302)
It is the intent of the Legislature that the law reflect the following items:
1. That the operation of government be properly conducted so that public officials are independent and impartial and that a public office is not used for private gain other than the remuneration provided by law. Public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist;
2. That the government attract those citizens best qualified to serve. Thus, the law against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when such interests conflict with the responsibility of such officials to the public;
3. That the campaign process in this state operate to ensure that the people of this state elect their representatives in an informed and equitable manner and that qualified persons become candidates for public office with full confidence in the ability of the process to protect them from wrongful allegations of unlawful election practices;
4. That the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and pending legislative actions at every level of government;
5. That these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflict of interest without creating unnecessary barriers to public service be implemented;
6. That no officer or employee of any political subdivision of this state have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activities; or incur any obligation of any nature that is in substantial conflict with the proper discharge of duties in the public interest; and
7. That all public officials and public employees are agents of the people and hold their positions for the benefit of the people. They are bound to uphold the Constitution of the United States and the Constitution of this state and to perform efficiently and faithfully their duties under the laws of the federal, state and local governments. Such officers and employees must observe, in their official acts, high standards of ethics regardless of personal consideration, recognizing that promoting the public interest and maintaining the respect for their government must be a foremost concern.
Section 723.3. Administration of Act. (51 O.S. § 303)
A. The provisions of the Political Subdivisions Ethics Act shall be administered as follows:
1. The Ethics Commission created in Section 1 of Article XXIX of the Oklahoma Constitution shall administer the Political Subdivisions Ethics Act with respect to candidates or candidate committees for county office, campaigns for or against county ballot measures and public officials and public employees elected or appointed to serve in county government;
2. The municipal clerk shall administer the Political Subdivisions Ethics Act with respect to candidates or candidate committees for municipal office, committees supporting or opposing candidates for municipal office and campaigns for or against municipal ballot measures other than those involving utility franchises; and
3. The clerk of the board of education shall administer the Political Subdivisions Ethics Act with respect to candidates or candidate committees for school district office or committees supporting or opposing candidates for school district office.
B. The municipal clerk and the clerk of the board of education shall not receive any complaints of violations of the Political Subdivisions Ethics Act and shall be limited to the duties prescribed in paragraphs 1, 2, 3, 4 and 5 of subsection A of Section 19 of this act.
Section 723.4. Definitions. (51 O.S. § 304)
As used in the Political Subdivisions Ethics Act:
1. “Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity through which business is conducted for profit;
2. “Calendar quarter” means each three-month period of a calendar year, beginning on January 1, April 1, July 1 and October 1 of each year;
3. “Campaign” means and includes all activities for or against the election of a candidate to a specific local office for a specific term from the date of the first contribution, the making of the first expenditure, the filing of a declaration of candidacy or a public announcement of intent to seek such election, whichever is first;
4. “Candidate” means a person who has filed a notification and declaration of candidacy for any public office with the secretary of any county election board. The term “candidate” shall include a person whose candidacy is unopposed, but shall not include any person who has withdrawn such notification and declaration of candidacy;
5. “Candidate committee” means the committee, consisting of one or more persons who may be the candidate only, designated by a candidate to promote the candidate’s candidacy and serve as the recipient of all contributions and the disburser of all expenditures for the candidate;
6. “Committee” means a candidate committee, political action committee, political party, or organization;
7. “Compensation” means money, service, facility or thing of value or financial benefit which is received or is to be received in return for or in connection with services rendered or to be rendered;
8. “Complainant” means a person filing a complaint pursuant to the provisions of Section 21 of this act;
9. “Contributor” means and includes every person or committee who makes a contribution;
10. “Contribution” means and includes any money, property, or in-kind services, including but not limited to, printing or engraving, radio or television time, billboards, advertising, subscription, forgiveness of indebtedness, personal or professional services or any other thing of value whatsoever which is given or loaned to be used in a campaign. The term “contribution” shall not include:
a. money loaned to a candidate in connection with his own campaign by a bank, savings and loan association or credit union which is to be repaid with interest at a rate comparable to that of loans for equivalent amounts for other purposes,
b. the value of services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, organization, political action committee or political party,
c. for purposes of the contribution limits set forth in Section 2 of this act, the transfer of any funds by a political action committee to another political action committee, provided the committee has been established as provided by law if the transferring committee and the receiving committee have been established, directly or indirectly, and are administered or financially supported, directly or indirectly, by a common organization, or
d. any payment or obligation incurred by a corporation, labor organization, membership organization, cooperative or corporation without capital stock for the establishment, administration, and solicitation of contributions to a separate segregated fund or political action committee to be utilized for political purposes;
11. “Commission” means the Ethics Commission;
12. “Election” means a Primary, Run-off Primary, General, or Special Election in which a candidate is on the ballot;
13. “Election board” means the appropriate county election board in reference to candidates who file a declaration of candidacy with the county election board;
14. “Expenditure” means a payment, distribution, contribution, loan, advance, compensation, reimbursement, fee deposit or gift of money securement, or any other thing of value, or services including but not limited to postage, telephone, telegraph, printing, advertising, travel, lodging, meals or entertainment for which payment is made with private or public funds, and includes a contract, promise or agreement to make an expenditure, whether or not legally enforceable;
15. “Family” means an individual, his or her spouse, if any, and all children under the age of eighteen (18) years residing in the same household;
16. “Governmental entity” means any department, commission, authority, council, board, bureau, committee, legislative body, agency, public trust, or other establishment of a political subdivision of this state;
17. “Income” means any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, gift, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense or any combination thereof; provided, the term “income” shall not include campaign contributions;
18. “Local office” means all elective offices for which declarations of candidacy are filed with the secretary of any county election board;
19. “Ministerial action” means an action that a person performs in a prescribed manner which involves no discretionary judgment;
20. “Organization” includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, union, education or action group or committee or entity with two or more persons having a joint or common political interest;
21. “Person” means an individual, corporation, association, firm, partnership, labor union or labor organization, committee, club or other organization, or a group of persons who are voluntarily acting in concert;
22. “Political action committee” means a combination of at least two individuals, or a person other than an individual:
a. with the primary or incidental purpose of supporting or opposing a candidate or political party, except those required to file with the Federal Election Commission or the Ethics Commission, and
b. which accepts contributions or makes expenditures aggregating at least Two Hundred Dollars ($200.00) during a calendar year;
23. “Political party” means any political party so recognized for the purpose of having candidates appear on the ballot;
24. “Public employee” means any person who is employed by and receives compensation from any governmental entity, but shall not mean independent contractors or public officials; of the state;
25. “Public official” means an elected or appointed official in the executive or legislative branch of a political subdivision of the state;
26. “Represent” or “representation” means any formal or informal attendance before, or any written or oral communication with, or the filing of documents with any governmental entity on behalf of a person or organization;
27. “Respondent” means a person named in a complaint filed pursuant to the provisions of Section 21 of this act;
28. “Source” means the name, address, and description of the principal business activity of a person or organization; and
29. “Substantial financial interest” means an interest that could result in directly or indirectly receiving a substantial pecuniary gain or sustaining a substantial pecuniary loss as a result of ownership or interest in a business entity, or as a result of salary, gratuity or other compensation or remuneration from any person, partnership, organization or association.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 723.5. Duties of Ethics Commission. (51 O.S. § 305)
The Ethics Commission shall:
1. Serve as the official repository for financial disclosure statements, campaign contributions and expenditures reports and such other documents filed by candidates or candidate committees for county office and public officials and public employees of county government as pertain to its duties;
2. Accept and file any information voluntarily supplied that exceeds the requirements of the Political Subdivisions Ethics Act; provided, the Commission shall not require the disclosure of any information other than as specifically provided by the Political Subdivisions Ethics Act;
3. Make available from its website forms upon which information shall be provided as required by the Political Subdivisions Ethics Act and copies of the Political Subdivisions Ethics Act for all candidates, committees, officials, and employees required to submit such forms;
4. Make campaign contributions and expenditures reports, political action committees' registrations and financial disclosure statements filed with it available during regular business hours to the public subject to the Oklahoma Open Records Act, Section 24A.1 et seq. of this title. No original or record copies of reports, registrations and statements shall be removed from the office of the Commission. No records or materials of the Commission shall be subject to the Oklahoma Open Records Act unless expressly provided for in this act;
5. Preserve such reports, registrations and statements in accordance with the Records Management Act, Section 201 et seq. of Title 67 of the Oklahoma Statutes, or for a period of at least two (2) years from date of receipt;
6. Issue ethics interpretations pertaining to the provisions of the Political Subdivisions Ethics Act when requested by any person or committee under the jurisdiction of the Commission and publish its ethics interpretations annually; provided, that failure of a person to request an ethics interpretation shall have no relevance in any subsequent proceeding under the Political Subdivisions Ethics Act. Provided further, such interpretation shall be binding on the Commission in any subsequent proceeding under the Political Subdivisions Ethics Act. Sufficient deletions shall be made by the Commission in published ethics interpretations to prevent the disclosure of the identity of the persons involved in the situations presented in the ethical interpretations;
7. Pursuant to a complaint filed under the provisions of Section 307 of this title and as specifically authorized by law, hold hearings, subpoena witnesses upon a vote of a majority of the members of the Commission, and compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of any books, papers, records, or other items relevant to the performance of the Commission's duties or exercise of its powers;
8. Enforce and collect such late filing fees as provided for by the Political Subdivisions Ethics Act. The Commission shall establish a procedure by which an employee of or person contracting with the Commission shall conduct a hearing regarding any late filing fee imposed upon written request. The hearing shall be conducted within thirty (30) days of the request. The decision of the person conducting the hearing may be appealed to the Commission upon written request; and
9. Initiate and continue programs for the purpose of educating officials, employees and citizens of political subdivisions of this state on matters of ethics and government service.
Section 723.6. Rules and Regulations. (51 O.S. § 306)
A. The Ethics Commission shall be authorized to promulgate rules and regulations pursuant to the Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes, for the purpose of carrying out its duties pursuant to the Political Subdivisions Ethics Act with respect to candidates and candidate committees for county office, for campaigns for county initiatives and referenda and for county officers and employees.
B. The Ethics Commission shall adopt rules and regulations providing standards for allowing registrations, reports and statements to be filed on magnetic media or in other machine-readable form with the Commission.
Section 723.7. Procedures for Complaints. (51 O.S. § 307)
A. Except as otherwise provided in this section, complaints alleging violations of the provisions of this act by persons, committees, candidates, public officials or public employees of county government shall be filed with the Ethics Commission. The Commission shall not accept a complaint alleging a violation by a candidate for local office other than county office. Such complaint must be filed by the complainant with the district attorney of the county in which the violation is alleged to have occurred.
B. The Commission shall not initiate any investigation or other proceedings except:
1. Pursuant to a complaint which meets the requirements of this section; or
2. Pursuant to the provisions of Section 23 of this act.
C. Complaints shall be made in writing and signed by the person making the complaint and shall be verified and notarized. Each complaint shall state specifically the sections of the Political Subdivisions Ethics Act that the person named in the complaint is alleged to have violated and the date of the alleged violation, which shall not be more than two (2) years before the date the complaint is filed. The Executive Director shall be authorized, without action of the Commission, to refuse to accept any complaint which does not meet the requirements of this section and shall notify the person filing the complaint of the reasons for such refusal. The Executive Director shall, without action of the Commission, forward any complaint filed with the Commission, over which the Court on the Judiciary has jurisdiction to the Court on the Judiciary. The Executive Director shall forward any complaint alleging a violation by a member of the Commission to the Council on Judicial Complaints, which shall be authorized to refer the complaint to the district attorney of the county in which the alleged violation occurred.
D. No person shall disclose the contents of a complaint, his or her intention to file a complaint, the fact that a complaint has been filed or his or her knowledge of another person’s intention to file a complaint; provided, the respondent may disclose the entire contents of a complaint and any related materials at any time in the proceedings. If the respondent so discloses, any provisions of this act prohibiting disclosure of information shall be waived and the complaint and all records and materials related thereto shall be open for public inspection.
E. No complaint alleging any violation of the provisions of Sections 24 through 31 of this act by a candidate or by any person in connection with a campaign for county office may be filed with, received by or initiated by the Commission during the period beginning on the first day of the period for filing declarations of candidacy for the office and ending on the day after certification of the results of the election at which the office is filled.
F. A copy of any complaint filed with the Commission that meets the requirements of subsection C of this section, and a general statement of the applicable laws with respect to the complaint, shall be sent by certified mail to the person named in the complaint. Such person shall have twenty (20) days from the day of receipt of the copy of the complaint to file a written response to the complaint. Upon written request by the person, the chairman of the Commission may extend the time for response an additional twenty (20) days.
G. A complaint may be withdrawn by the complainant at any time during the proceedings outlined in this section with the consent of the Commission and the respondent.
H. Upon the filing of a complaint, the Commission shall determine if the complaint may be resolved by action on the part of either party or by a conciliation agreement pursuant to the provisions of subsection Q of this section or if the complaint should be dismissed. If not, the Commission may cause an investigation to be conducted and may order a hearing to be held pursuant to the provisions of Article II of the Administrative Procedures Act. The respondent shall have the right to be present during any of the proceedings except the final deliberations and the right to appear with counsel and shall be notified that the investigation and hearing may result in a referral of the complaint to the appropriate authority for prosecution if a criminal penalty is provided in this act for the violation cited in the complaint. The complainant shall not be present except at such times as he may be required to provide testimony.
I. The rules of evidence shall apply to any hearings held pursuant to the provisions of this section.
J. All proceedings held pursuant to the provisions of this section shall be conducted in executive sessions. All records relating to any such complaint, review or investigation shall be confidential and not open for public inspection.
K. The Commission shall cause a record to be made of such proceedings and shall request a hearing officer to conduct the proceedings and advise the Commission as necessary. The hearing officer shall be an attorney licensed to practice law in this state. The Court Administrator shall designate hearing officers. The Executive Director or designee shall present the complaint and any evidence supporting the complaint. The Commission shall determine:
1. The order of the proceedings;
2. The order in which the Executive Director or designee and the respondent and his or her counsel are to put on testimony and evidence, cross-examine witnesses and present arguments; and
3. Such other matters as may be necessary to ensure orderly proceedings. The Commission may request the assistance of the hearing officer in making such determinations.
L. At the conclusion of the hearing, the Commission shall conduct final deliberations and shall determine if the complaint may be resolved by a conciliation agreement. No other person shall be present at such deliberations; provided, after such determination, the Commission may request the assistance of the Executive Director.
M. At the conclusion of final deliberations, the Commission shall set forth its determination in writing with findings of fact and conclusions of law. Such written decision with findings of fact and conclusions of law must contain one of the following orders:
1. A dismissal of the complaint;
2. An order reflecting the terms of a conciliation agreement with the respondent pursuant to the provisions of subsection Q of this section; or
3. For complaints alleging a violation of this act for which a criminal penalty is provided, an order referring the complaint and all material gathered by the Commission concerning the alleged violation to the appropriate authority for prosecution or action; provided, such referral shall only be made upon the affirmative vote of a majority of the members serving that there is probable cause to believe that the respondent committed a knowing and willful violation of the sections of the Political Subdivisions Ethics Act cited in the complaint. If the Commission refers the complaint for prosecution or action, the records of any proceedings held pursuant to the complaint shall be transcribed.
As used in this section, “appropriate authority” means the district attorney of the county in which the violation occurred. If uncertainty exists as to the county in which the violation occurred, the Commission may prosecute in, or refer complaints to the district attorney of, any county in which the evidence indicates the violation might have been committed.
N. If the appropriate authority declines to prosecute or take action, the investigation and order and all materials related thereto shall remain confidential. If the appropriate authority decides to prosecute or take action, the respondent shall be entitled to a copy of any report prepared by the Commission concerning the complaint and only that material presented at trial shall become open for public inspection. If the Commission dismisses the complaint, all materials related to the investigation shall be destroyed by the Commission six (6) months after the date of dismissal unless such materials are required for prosecution of filing a frivolous complaint pursuant to the provisions of Section 22 of this act.
O. In making a determination pursuant to the provisions of subsection M of this section, the Commission may exercise such discretion as it deems necessary to provide fairness to the accused and to maintain confidence in the public officials and employees who are subject to the provisions of this act.
P. Any person disclosing any material made confidential pursuant to the provisions of this section, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00). If the Commission upon a vote of a majority of the members serving determines that confidential information has been disclosed, it shall forward any materials related to such disclosure, along with any information it deems necessary, to the appropriate district attorney.
Q. A conciliation agreement to resolve any complaint filed-may be entered into by the Commission and the respondent at any time during the proceedings provided for in this section. A conciliation agreement, unless violated, shall be a bar to any other action by the Commission or the district attorney. A conciliation agreement shall not be made public unless such disclosure is made part of the agreement. A conciliation agreement may include a requirement that the respondent pay a civil penalty of up to Two Thousand Five Hundred Dollars ($2,500.00).
Such penalties shall be deposited with the State Treasurer to the credit of the General Revenue Fund. If the Commission finds, or either party alleges, that a conciliation agreement has been violated, the Commission shall conduct a hearing under the procedures specified in this section to determine if the conciliation agreement has been violated and, if so, if the complaint should be referred to the appropriate authority for prosecution. A conciliation agreement may be amended by the Commission.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 723.8. Frivolous Complaint. (51 O.S. § 308)
It shall be unlawful to file a frivolous complaint with the Ethics Commission. A person shall be deemed to have filed a frivolous complaint if:
1. The person has submitted or has caused or conspired with the complainant to submit substantially the same complaint to the Commission within the preceding six (6) months;
2. To the best of his or her knowledge, the complaint is not accurate or is not well grounded in fact; or
3. The complaint is made for an improper purpose, including harassment of any person named in the complaint.
If the Commission upon a vote of a majority of the members serving determines that a frivolous complaint has been filed, it shall forward the complaint, along with any information it deems necessary, to the appropriate district attorney. Any person convicted of filing a frivolous complaint shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00).
Section 723.9. Financial Disclosure by Public Officials. (51 O.S. § 318)
The Legislature hereby declares those persons elected and employed to administer the government on behalf of the people of the State of Oklahoma have a responsibility to make certain financial disclosures to demonstrate that fair and equitable treatment is given all governmental decisions.
Section 723.10. Financial Disclosure Required. (51 O.S. § 319)
[See note following § 723.12 on opinion excluding boards of education]
A. Any person elected to an office for which a declaration of candidacy is required to be filed with the county election board as provided in Section 5-103 of Title 26 of the Oklahoma Statutes, except any person required to file financial disclosure pursuant to the provisions of any federal law, shall file a Financial Disclosure Statement with the Ethics Commission on or before the fortieth day after each General Election.
B. Any candidate for an office for which a declaration of candidacy is required to be filed with the county election board as provided in Section 5-103 of Title 26 of the Oklahoma Statutes shall file a Financial Disclosure Statement with the Commission on or before the tenth day following the last day for filing the declaration of candidacy for the office.
C. A member of a board or commission as created by the Oklahoma Constitution or by statute except members of advisory committees to the legislative, executive, or judicial branches of state government, Foster Care Review Board members appointed pursuant to Section 1116.2 of Title 10 of the Oklahoma Statutes, and board members of guaranty associations created pursuant to state statute, shall file a Financial Disclosure Statement with the Commission upon initial appointment and not later than April 30 of each even-numbered year thereafter. The provisions of this subsection shall not be construed to require precinct inspectors, judges, clerks and counters to file Financial Disclosure Statements.
D. No individual shall be required to file more than one Financial Disclosure Statement in any calendar year.
E. Every person failing to file a Financial Disclosure Statement on or before the dates specified in this section shall be assessed by the Commission a late filing fee of up to One Hundred Dollars $100.00) for each day the statement remains unfiled; provided, the total amount of such fees assessed per report shall not exceed One Thousand Dollars ($1,000.00). Failure to file a Financial Disclosure Statement shall be deemed to be a separate offense for each day that the Statement remains unfiled after it becomes due. Fees collected pursuant to the provisions of this subsection shall be deposited with the State Treasurer to the credit of the General Revenue Fund. Such fees shall not be paid from campaign funds.
F. Every board and commission created by the Oklahoma Constitution or by state statute, except those exempted in subsection E of this section, shall designate an employee or member who shall be responsible for filing a list of employees and/or members of governing boards or commissions required under this section to file Financial Disclosure Statements on or before January 1 of each year. Names of individuals no longer required to file shall also be reported along with the effective date of the termination of their services.
Section 723.11. Extension of Filing Time. (51 O.S. § 320)
A. Except for those persons required to file a Financial Disclosure Statement pursuant to the provisions of subsection B of Section 33 of this act, any person who is required to file a Financial Disclosure Statement may effect one thirty-day extension of the time for filing such a statement by filing with the Ethics Commission, not more than ten (10) days before or ten (10) days after the date the Financial Disclosure Statement is due, a declaration of intention to defer the filing of the Financial Disclosure Statement.
B. All Financial Disclosure Statements required to be filed pursuant to the provisions of this act shall be certified.
C. The Commission shall retain the Financial Disclosure Statements according to the provisions of the Records Management Act, Section 201 et seq. of Title 67 of the Oklahoma Statutes; provided, all statements shall be retained by the Commission for at least two (2) years.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
Section 723.12. Financial Disclosure Statement. (51 O.S. § 321)
A. The Financial Disclosure Statement shall contain the following information for the preceding two (2) calendar years or for the period since the most recent Financial Disclosure Statement was filed:
1. Name or title of the office;
2. Name of the person filing the Financial Disclosure Statement;
3. Business address of the person;
4. Residential address of the person;
5. Occupation or business of the person prior to the election or employment for which the Financial Disclosure Statement is being filed;
6. Prior positions held as a public official, regardless of whether a salary or reimbursement was received for such service;
7. Names, business addresses, residential addresses and occupations of the spouse of the person and all living adult children if such spouse or children are doing business with the county;
8. A list of categories or industries from which income is received without reference to amounts or frequency of receipt of income. Provided, categories or industries from which less than One Thousand Dollars ($1,000.00) annually is received may be omitted. Such persons shall list special areas of practice in general subjective terms;
9. A list of categories or industries in which the person has had stock during the period for which the information on the Financial Disclosure Statement is required. Provided, categories or industries in which the person has stock valued at less than One Thousand Dollars ($1,000.00) at the time of filing the Financial Disclosure Statement may be omitted;
10. The name of any entity from which an honorarium or honoraria, valued at more than Two Hundred Dollars ($200.00) over and above actual expenses paid to the person, was received and the value of any such honorarium; and
11. The name of any registered lobbyist with whom the person has engaged in business from which income of over One Thousand Dollars ($1,000.00) was received.
B. The form for the Financial Disclosure Statement shall be as follows:
FINANCIAL DISCLOSURE STATEMENT
___________________________________________________________________________________________
NAME: (Last, First, Middle) Birth Date
__________________________________________________________________________________________
Business Address (Street or Box, City, State, Zip)
__________________________________________________________________________________________
Residential Address (Street or Box, City, State, Zip)
CHECK YOUR FILING STATUS: (mark only one box)
( ) An elected official.
( ) A candidate running in an election:
month __________________________________________ year _______________________________________
( ) A member of a board or commission.
Position you hold or have been appointed to:
(fill in all applicable blanks)
Position Title: ________________________________________________________________________________
County or agency of the office:
____________________________________________________________________________________________
Position number: ______________________________________________________________________________
Term begins: _____________________________________ ends:
Appointment date: _____________________________________________________________________________
Employment date: _____________________________________________________________________________
1. OCCUPATION OR BUSINESS: (current or prior to this election or appointment)
____________________________________________________________________________________________
2. PRIOR POSITIONS HELD AS A PUBLIC OFFICIAL: (List most recent positions first)
______________________________________________________________________________________
3. SPOUSE and ADULT CHILDREN: Give the following information for your spouse and all living adult children
(over 18 years of age) if your spouse or children are doing business with the county.
______________________________________________________________________________________
NAME RESIDENTIAL ADDRESS BUSINESS ADDRESS OCCUPATION
Check here ( ) if continued on attached sheet
______________________________________________________________________________________
4. INCOME: List categories or industries from which you receive $1,000 or more annually:
Check here ( ) if continued on attached sheet
______________________________________________________________________________________
5. STOCK: List categories or industries in which you have owned stock which is valued at $1,000 or more during the period for which this Financial Disclosure Statement is required:
CATEGORY OR INDUSTRY
CATEGORY OR INDUSTRY
CATEGORY OR INDUSTRY
Check here ( ) if continued on attached sheet
______________________________________________________________________________________
6. HONORARIA: List names of any entities from which you received an honorarium or honoraria valued at more than $200 over and above actual expenses and list the value of such honorarium or honoraria:
DATE
ENTITY
VALUE
Check here ( ) if continued on attached sheet
__________________________________________________________________________________________
7. LOBBYISTS: List any registered lobbyists with whom you have engaged in business from which income of over $1,000 was received:
LOBBYIST’S NAME
LOBBYIST’S NAME
Check here ( ) if continued on attached sheet
__________________________________________________________________________________________
Report additional information on plain 8 ½ x 11 paper using format of each question. Attach pages to this report. Put your name and the date on all attachments.
__________________________________________________________________________________________
To the best of my knowledge and belief, the above is a true and correct compilation:
SIGNATURE: (Person Filing Statement) Date
School board candidates and already elected members are not required to file financial disclosure statements with the Ethics Commission. Ethics Commission Interpretation Nos. 88-007 and 89-005.
Section 723.13. Penalties for Failure to Disclose. (51 O.S. § 322)
A. Any person who fails to file a Financial Disclosure Statement required in the Political Subdivisions Ethics Act, who knowingly gives false information in the Financial Disclosure Statement or who knowingly omits required information from the Financial Disclosure Statement shall be guilty of a misdemeanor. Each violation shall be a separate offense.
B. In addition to any penalty imposed pursuant to the provisions of subsection A of this section, the person shall not be permitted to perform the duties conferred upon him by law until the statement is properly filed.
Section 723.14. Restrictions on Financial Interests. (51 O.S. § 323)
No person who is a public official, director, officer or trustee of a governmental entity shall own any direct or indirect interest in any bond, obligation or security issued by or in the name of such governmental entity.
Note: Campaign Finance and Disclosure laws have not been fully included in the School Laws of Oklahoma. They are found at Title 21 Oklahoma Statutes, Sections 187 through 187.2 and Title 51 Oklahoma Statutes, Section 309 through 317.
School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article I: School Elections and Ethics | Return to Top of Page
