reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-102. Provisions not applicable to municipalities governed by charter or subject to Oklahoma Town Meeting Act - Exception - Choice of election procedure - Residency requirements.

A. The provisions of Section 16-101 et seq. of this title shall not apply to any municipality which is governed by charter; provided, that elections for such municipalities which shall be conducted by the county election board shall be scheduled only on an election date identified by subsection B of Section 3-101 of Title 26 of the Oklahoma Statutes. However, such a municipality may, by indicating in its resolution calling an election, choose to follow any provision of state law governing elections conducted by a county election board when the municipality's charter or ordinances are silent on the matter addressed by such provision. In such instance, if the municipal election or any substantial portion thereof is not conducted by a county election board, the duties required of the county election board or its secretary shall be performed by the municipal authority designated by the municipal governing body and nothing herein shall be construed to require the county election board to perform any such duties. The residency requirements of Sections 16-109 and 16-110 of this title shall apply to all municipalities except to the extent that such residency requirements are governed by municipal charter.
B. The provisions of Sections 16-101 through 16-114 of this title shall not apply to any municipality subject to the provisions of the Oklahoma Town Meeting Act; provided, Section 16-103.1 of this title shall apply to such municipalities.
C. In the event that a municipality governed by charter schedules a regular or special election for a municipal office on the same date as an election involving state or federal offices, the provisions of subsection D of Section 3-101 of Title 26 of the Oklahoma Statutes shall apply.
D. After January 1, 2016, no county election board shall be required to conduct a regular or special election for any elective municipal office in any municipality governed by charter unless the resolution calling the election shall set a candidate filing period of three (3) days to begin not more than twenty (20) days from the date the resolution is required to be submitted to the county election board. In no case shall a resolution calling a regular or special election be submitted to the county election board less than sixty (60) days preceding the election date.
Added by Laws 1977, c. 256, § 16-102, eff. July 1, 1978. Amended by Laws 1987, c. 75, § 1, eff. July 1, 1987; Laws 1988, c. 105, § 21, eff. Nov. 1, 1988; Laws 2004, c. 545, § 25, eff. July 1, 2005; Laws 2011, c. 196, § 19, eff. Nov. 1, 2011; Laws 2015, c. 219, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-103.1. Withholding certain monies from city or town that fails to hold municipal election or biennial town meeting.

No monies shall be distributed pursuant to Section 1104 of Title 47 and Section 504 of Title 68 of the Oklahoma Statutes to any incorporated city or town which has failed to hold a general or special municipal election to elect officers as provided in Section 16-101 et seq. of this title or a biennial town meeting as provided by the Oklahoma Town Meeting Act, on the dates required by law for four (4) or more years, if a general or special municipal election, or for two consecutive biennial town meetings. Such monies shall be remitted to the county in which the incorporated city or town is located and deposited to the county highway fund of that county to be used as otherwise provided by law. An incorporated city or town shall henceforth send the county treasurer of the county in which it is located a copy of the municipality's notice of a biennial town meeting or resolution calling for its regular municipal elections, whichever is appropriate. The copy of the resolution shall include a notation by the county election board showing that the resolution was received and the date it was received.
Added by Laws 1984, c. 126, § 30, eff. Nov. 1, 1984. Amended by Laws 1987, c. 75, § 2, eff. July 1, 1987; Laws 1988, c. 105, § 22, eff. Nov. 1, 1988; Laws 1988, c. 152, § 3, eff. Nov. 1, 1988; Laws 2018, c. 66, § 1, eff. July 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-104. Conduct of general municipal elections.

The laws applicable to general elections shall govern general municipal elections except as otherwise provided. Municipal elected officials, including those from wards as well as at large, shall be elected at large by the registered voters of the entire municipality.
Laws 1977, c. 256, § 16-104, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-105. What candidate's name may be placed on general election ballot.

No candidate's name shall be printed upon the official ballot for a general municipal election unless such candidate shall have been nominated by some political party at the primary election or unless his name is presented as an independent candidate as provided in Section 16-110 of this title.
Laws 1977, c. 256, § 16-105, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-105.1. Elections to be nonpartisan - Primary elections in nonpartisan elections abolished.

Municipal elections shall be nonpartisan and all candidates shall file as independent candidates unless, prior to the date for notifying the county election board of the call for the election, the municipality has in effect an ordinance providing for a partisan primary election consistent with Section 16-101 et seq. of Title 11 of the Oklahoma Statutes. No primary elections shall be held in a nonpartisan election. Any election proclamation or notice of election providing for a primary election shall be deemed to be amended by operation of this act to delete the call for a primary election unless a copy of the ordinance authorizing the primary election is attached to the election resolution filed with the county election board. If such a copy is not attached, each candidate shall appear on the ballot as an independent candidate without party or other designation. Provided, any municipality which is governed by a charter may provide otherwise by charter or ordinance.
Added by Laws 1987, c. 75, § 3, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-106. Unopposed candidates in general election.

Any candidate who is unopposed for an office in a general municipal election shall be deemed elected and certified; and his name shall not appear on the general election ballot. If there is only one candidate for each of the offices which are to be filled at the election, and no questions are to be voted upon at the election, the general municipal election shall not be held.
Laws 1977, c. 256, § 16-106, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-107. Primary elections - When held.

A primary election shall be held in cities and towns on the second Tuesday of February in each odd-numbered year, at which time the several political parties shall nominate candidates for offices which are to be elected at the upcoming general municipal election.
Added by Laws 1977, c. 256, § 16-107, eff. July 1, 1978. Amended by Laws 1981, c. 292, § 1; Laws 2004, c. 545, § 26, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-108. Conduct of primary elections.

The general laws relating to primary elections shall govern partisan municipal primaries except as otherwise provided. Party candidates for municipal office, including those from wards as well as at large, shall be nominated at large by the registered voters of the respective parties of the entire municipality.
Added by Laws 1977, c. 256, § 16-108, eff. July 1, 1978. Amended by Laws 2004, c. 545, § 27, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-109. Eligibility and manner of becoming party candidate.

To be eligible to become a candidate for a political party nomination in a municipality’s partisan primary election, or an independent candidate in such municipality’s general election, a person must for at least six (6) months prior to filing a declaration of candidacy be a registered voter at an address within the municipality or in the ward if an office is from a ward. To become a candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in December and no later than 5:00 p.m. on the next succeeding Wednesday.
Added by Laws 1977, c. 256, § 16-109, eff. July 1, 1978. Amended by Laws 1981, c. 292, § 2; Laws 1987, c. 75, § 4, eff. July 1, 1987; Laws 2004, c. 545, § 28, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-110. Nonpartisan candidates.

A candidate may have his or her name printed upon the nonpartisan general municipal election ballot as candidate for any office to be filled at the election. To become a candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in February and no later than 5:00 p.m. on the next succeeding Wednesday. A candidate must also be a registered voter at an address within the municipality, or of the ward where the office is from a ward for at least six (6) months prior to filing a declaration of candidacy. Filing as a candidate in a nonpartisan municipal election or voting for such candidate shall not affect one’s party affiliation or regularity.
Added by Laws 1977, c. 256, § 16-110, eff. July 1, 1978. Amended by Laws 1981, c. 292, § 3; Laws 1987, c. 75, § 5, eff. July 1, 1987; Laws 2004, c. 545, § 29, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-111. Unopposed candidates in primary election.

Any candidate who is unopposed for an office in a partisan primary election shall be deemed nominated and so certified; and his or her name shall not appear on the primary election ballot. If there are unopposed candidates for each of the offices which are up for election, no primary election shall be held.
Added by Laws 1977, c. 256, § 16-111, eff. July 1, 1978. Amended by Laws 2004, c. 545, § 30, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-112. Special elections - Questions which may be submitted.

When the municipal governing body shall deem it advisable, it may, by resolution or ordinance, authorize the mayor to call a special election on a date established in Section 3-101 of Title 26 of the Oklahoma Statutes for the purpose of submitting to the registered voters of the municipality the question of issuing municipal bonds, of granting any franchise, or for any other purpose authorized by law.
Added by Laws 1977, c. 256, § 16-112, eff. July 1, 1978. Amended by Laws 2015, c. 380, § 4, eff. Jan. 1, 2016.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-113. Special election ballot - Preparation and arrangement.

The ballot for a special election shall be prepared by the secretary of the county election board and shall set forth the proposition or propositions to be voted upon, and if more than one proposition is submitted, they shall be arranged so that each proposition may be voted upon separately.
Laws 1977, c. 256, § 16-113, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-114. Conduct of special elections held for electing officers.

A. When the office of a municipal elected official is to be filled at a special partisan election, the resolution or order of the governing body calling the election shall contain the following facts:
1. A filing period of three (3) days which shall begin not more than twenty (20) days from the date the resolution or order is required to be filed with the county election board;
2. The date of the special primary election, not less than forty-five (45) days after the close of the filing period; and
3. The date of the special general election, not less than forty-five (45) days after the date of the primary election. A copy of the resolution or order shall be filed with the secretary of the county election board not less than sixty (60) days preceding the date of the special primary election. The election shall be conducted under the laws applicable to general municipal elections.
B. When the office of a municipal elected official is to be filled at a special nonpartisan election, the resolution or order of the governing body calling the election shall contain the following facts:
1. A filing period of three (3) days which shall begin not more than twenty (20) days from the date the resolution or order is required to be filed with the county election board;
2. The date of the special general election, not less than forty-five (45) days after the close of the filing period. A copy of the resolution or order shall be filed with the secretary of the county election board not less than sixty (60) days preceding the date of the special general election.
C. Special municipal elections may be called only on dates established by subsection B of Section 3-101 of Title 26 of the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 16-114, eff. July 1, 1978. Amended by Laws 1981, c. 292, § 4; Laws 1987, c. 75, § 6, eff. July 1, 1987; Laws 2004, c. 545, § 31, eff. July 1, 2005; Laws 2015, c. 219, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-201. Aldermanic cities with one councilmember per ward - Officers to be elected - Terms.

In a statutory aldermanic city with one (1) councilmember per ward, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from odd-numbered wards;
2. The mayor;
3. The clerk;
4. The marshal; and
5. The street commissioner.
At the next general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from even-numbered wards; and
2. The treasurer.
If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held. The term of the consolidated office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-201, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-202. First election held in aldermanic cities with one councilmember per ward.

At the first general municipal election held in the odd-numbered year following adoption of the aldermanic form of government with one (1) councilmember per ward, the officers to be elected and their terms are as follows:
1. Four-year terms: Councilmembers from odd-numbered wards; the mayor; the clerk; the marshal; and the street commissioner.
2. Two-year terms: Councilmembers from even-numbered wards; and the treasurer.
At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for four-year terms.
Laws 1977, c. 256, § 16-202, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-203. Aldermanic cities with two councilmembers per ward - Officers to be elected - Terms.

In a statutory aldermanic city with two councilmembers per ward, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
1. One (1) councilmember from each ward of the city;
2. The mayor;
3. The clerk;
4. The marshal; and
5. The street commissioner.
At the next general municipal election, the following officers are to be elected for four-year terms:
1. One councilmember from each ward of the city; and
2. The treasurer.
If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held. The term of the consolidated office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-203, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-204. First election held in aldermanic cities with two councilmembers per ward – Terms of office.

A. At the first general municipal election held in the odd-numbered year following adoption of the aldermanic form of government with two councilmembers per ward, the officers to be elected and their terms are as follows:
1. Four-year terms: One councilmember from each ward of the city; the mayor; the clerk; the marshal; and the street commissioner.
2. Two-year terms: One councilmember from each ward of the city; and the treasurer.
At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for four-year terms.
B. The governing body of a municipality with an aldermanic form of government shall provide that the office of the clerk, at the next election after the effective date of this act, be elected to one six-year term followed by four-year terms thereafter, if the clerk and the mayor are currently on the same election cycle.
Added by Laws 1977, c. 256, § 16-204, eff. July 1, 1978. Amended by Laws 2005, c. 97, § 1, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-205. Towns - Officers to be elected - Terms.

In a statutory town, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
1. Trustees from odd-numbered wards; and
2. The clerk.
At the next general municipal election, the following officers are to be elected for four-year terms:
1. Trustees from even-numbered wards; and
2. The treasurer.
If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held. The term of the consolidated office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-205, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-206. First election held in town.

At the first general municipal election held in the odd-numbered year following adoption of the town board of trustees form of government, the officers to be elected and their terms are as follows:
1. Four-year terms: Trustees from odd-numbered wards; and the clerk.
2. Two-year terms: Trustees from even-numbered wards; and the treasurer.
At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for four-year terms.
Laws 1977, c. 256, § 16-206, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-207. Aldermanic cities and towns - Appointment of certain officials after submission to vote.

A. The city council of any city may provide by ordinance for the submission to a vote of the registered voters of the city the question of providing for the appointment by the mayor, with the approval of the council, of the city marshal, the street commissioner, the city clerk, the city treasurer, or the city clerk-treasurer.
B. The board of trustees of any town may provide by ordinance for the submission to a vote of the registered voters of the town the question of providing for the appointment by the board of trustees of the town clerk, the town treasurer or the town clerk-treasurer.
C. The question of appointing each official shall be submitted separately on the ballot. The question providing for the appointment of the clerk or the treasurer may be consolidated into one question provided the two offices are to be consolidated into the office of clerk-treasurer. The question providing for the appointment of any official shall read substantially as follows:
Shall the (Marshal, Street Commissioner, Clerk, Treasurer, Clerk-Treasurer) be appointed by the (mayor, with the approval of the council, board of trustees)?
( ) Yes.
( ) No.
If a majority of the votes cast are in favor of appointment to the office, the appointive position shall take effect at the end of the current term of the office. In cities, the appointive officer shall be appointed and may be removed by the mayor, with the approval of the council. In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.
Laws 1977, c. 256, § 16-207, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-208. Council-manager cities - Officers to be elected - Terms.

In a statutory council-manager city, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from Wards One, Two and Five (if one).
At the next general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from Wards Three, Four and Six (if one); and
2. The councilmember at large.
Laws 1977, c. 256, § 16-208, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-209. First election held in council-manager city.

At the first general municipal election held in the odd-numbered year following adoption of the statutory council-manager form of government, the officers to be elected and their terms are as follows:
1. Four-year terms: Councilmembers from Wards One, Two and Five (if one).
2. Two-year terms: Councilmembers from Wards Three, Four and Six (if one); and the councilmember at large.
At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for four-year terms.
Laws 1977, c. 256, § 16-209, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-210. Strong-mayor-council cities - Officers to be elected - Terms.

In a statutory strong-mayor-council city, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from Wards One, Two and Five (if one).
At the next general municipal election, the following officers are to be elected for four-year terms:
1. Councilmembers from Wards Three, Four and Six (if one); and
2. The mayor.
Laws 1977, c. 256, § 16-210, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-211. First election held in strong-mayor-council city.

At the first general municipal election held in the odd-numbered year following adoption of the statutory strong-mayor-council form of government, the officers to be elected and their terms are as follows:
1. Four-year terms: Councilmembers from Wards One, Two and Five (if one).
2. Two-year terms: Councilmembers from Wards Three, Four and Six (if one); and the mayor.
At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for four-year terms.
Laws 1977, c. 256, § 16-211, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-212. Council-manager and strong-mayor-council cities - Form of general municipal election ballot.

The ballots for the general election in a statutory council-manager or statutory strong-mayor-council city shall be of the office block type, listing the names of independent candidates and party nominees for each office under the respective office without party designation or emblems as follows:
For Councilmember from Ward One
(Vote for One)
______ Name of independent candidate or party nominee
______ Name of independent candidate or party nominee
For Councilmember from Ward Two
(Vote for One)
______ Name of independent candidate or party nominee
______ Name of independent candidate or party nominee
Laws 1977, c. 256, § 16-212, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-213. Transitional provisions for municipalities not in conformance with general election or town meeting procedure.

A. If the term of an elected officer as set forth in the notice of the last election for the office will expire in an even-numbered year, a regular municipal election or town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, shall be held in order to elect a successor. The term of the successor shall be either three (3) or five (5) years as necessary in order to comply with the provisions of Section 16-101 et seq. of this title. Thereafter, the term of said office shall be four (4) years. Any such election or town meeting held in an even-numbered year shall be conducted in the manner provided by law applicable to municipal elections or town meetings, whichever is appropriate.
B. If the term of an elected officer as set forth in the notice of the last election for the office will expire in an odd-numbered year, but the term of office does not coincide with the offices named in Section 16-201 et seq. of this title, a regular municipal election or town meeting shall be held in order to elect a successor. The term of the successor shall be either two (2) or four (4) years as necessary in order to comply with the provisions of Section 16-101 et seq. of this title. Thereafter, the term of said office shall be four (4) years.
Amended by Laws 1984, c. 126, § 31, eff. Nov. 1, 1984; Laws 1988, c. 105, § 23, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-302. Municipalities required to hold town meetings - Election - Ordinance providing alternative procedure - Repeal of ordinance.

A. Except as otherwise provided in this act, Section 16-301 et seq. of this title, all municipalities with fewer than two thousand (2,000) residents, according to the latest Federal Decennial Census, that are not governed by charter, shall elect officers and consider questions raised by initiative or referendum, pursuant to Section 15-101 et seq. of this title, at biennial town meetings or special town meetings of the voters of each municipality as provided in this act. Provided, that a municipality of fewer than two thousand (2,000) residents may at any time adopt an ordinance requiring that its officers shall be elected and initiative and referendum questions shall be decided only through elections conducted by the county election board pursuant to Section 16-101 et seq. of this title. Any municipality that passes an ordinance pursuant to this section shall upon adoption of the ordinance provide a copy of the ordinance to the county election board of the county in which the municipality is located.
B. If the ordinance is repealed, elections of the municipality shall be at a town meeting. The municipality shall provide a copy of the repealer to the county election board of the county in which the municipality is located. If a municipality with fewer than two thousand (2,000) residents fails to hold its regular municipal elections as required by law, the municipality shall be subject to the provisions of the Oklahoma Town Meeting Act, Section 16-301 et seq. of this title; provided, further, that such municipality may adopt a resolution requiring that its elections be conducted by the county election board as provided in this section.
Added by Laws 1988, c. 105, § 2, eff. Nov. 1, 1988. Amended by Laws 1989, c. 78, § 1, emerg. eff. April 17, 1989; Laws 2013, c. 25, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-303. Time for town meeting - Purpose - Special town meetings.

In municipalities subject to the provisions of Section 16-301 et seq. of this title, a biennial town meeting of the voters shall be held on the first Tuesday in April in each odd-numbered year for the purpose of electing municipal officers and considering questions raised by initiative or referendum pursuant to Section 15-101 et seq. of this title.
In addition to the election proceedings of said meeting the mayor or presiding officer may upon compliance with the Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes and other provisions appropriate to the law, conduct regular business meetings or any other town business which would be in order and of interest to those citizens in attendance. Special town meetings for these purposes may be called at other times as provided in this act.
Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988; Amended by Laws 1990, c. 22, § 1, emerg. eff. March 29, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-304. Notice - Publication - Posting - Contents.

Notice of the biennial town meeting or special town meeting for the purposes of electing officers and considering initiative or referendum questions shall be given by the governing body of the municipality in accordance with the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes. The notice shall be signed by a majority of the members of the governing body.
In addition to the requirements of the Oklahoma Open Meeting Act, notice of the biennial town meeting and any special town meeting shall be given by publishing notice of the meeting stating the date, time, place and agenda in a newspaper of general circulation in the municipality at least ten (10) days before the date of the meeting. If there is no newspaper of general circulation in the municipality, the notice shall be given by posting a copy of the notice and agenda in at least five (5) public places in the municipality. The notice shall list the offices to be filled, including the number of officers to be elected for four-year terms and the number of officers to be elected to fill unexpired terms, and the questions to be voted on, if any.
Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-305. Presiding officer - Minutes - Officers - Voting - Registration requirements - False affidavits.

A. When a municipality fails to hold a biennial meeting on the first Tuesday of April in an odd-numbered year, the governing body shall immediately schedule and give notice of a special town meeting for the purpose of electing officers. Such notice shall be in accordance with Section 4 of this act.
B. If the governing body fails or refuses to hold a biennial or special town meeting for the purpose of electing officers, the board of county commissioners of the county in which the municipality is located shall call a town meeting for the purpose of electing officers. The sheriff, or his deputy, of the county in which the municipality is located shall attend any town meeting called by the board of county commissioners, and if the municipal officers fail to conduct the meeting, shall moderate the meeting.
Added by Laws 1988, c. 105, § 5, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-307. Voting eligibility - Town meeting pollbook - Illegal voting - Penalty.

A. The presiding officer at a town meeting shall follow reasonable and necessary procedures to ensure that persons who are not registered voters of the town do not vote. Registered voters shall be seated in a clearly marked area separate from persons not registered to vote.
B. To be eligible to vote at a town meeting, a person must be registered with the county election board at an address located within the municipality. Before being seated in the section reserved for registered voters, each voter shall sign his or her name in a town meeting pollbook, said signature to constitute a sworn affidavit on the part of the voter that he or she is eligible to vote at the election. The pollbook shall be prepared by the municipal clerk. For such purpose, the municipal clerk or designee of the municipal clerk shall be authorized to administer the oath or affirmation contained in the affidavit. The town meeting pollbook shall be on file in the office of the municipal clerk and shall be open to public inspection during reasonable office hours; provided, however, that such town meeting pollbooks may be digitized or electronically copied and stored by the municipal clerk at the end of six (6) months from the date of the election wherein such town meeting pollbook was used. Any person knowingly voting illegally or found guilty of casting more than one vote for any office or on any question considered at the meeting shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).
Added by Laws 1988, c. 105, § 7, eff. Nov. 1, 1988. Amended by Laws 2002, c. 447, § 1, emerg. eff. June 5, 2002; Laws 2016, c. 41, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-308. Election of municipal officers.

A person present at the meeting electing him or her to municipal office shall be treated as accepting, unless he or she declines before the meeting is adjourned. When not present, he or she shall be served as soon as possible with a written notice of election, signed and mailed by the municipal clerk. No person elected shall assume the duties of the office until he or she has signed the oath of office as required by law.
Added by Laws 1988, c. 105, § 8, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-309. Filing of list of municipal officers elected - Notification of changes in list.

The municipal clerk shall file with the secretary of the county election board a list of the names and addresses of the municipal officers elected and shall notify the secretary of the county election board of any changes in the list as filed.
Added by Laws 1988, c. 105, § 9, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-310. Contest of election by nominee.

Any person nominated for municipal office may, at any time before 5:00 p.m. of the third business day following the town meeting in which he or she was nominated, contest the correctness of the announced results of said election by filing a written petition with the district court of any county in which the municipality is located.
Added by Laws 1988, c. 105, § 10, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-311. Petition alleging fraud - Bond - Hearing - Answer - Judgment - Ineligibility for office - Liability of contestant - Damages.

When a petition alleging fraud is filed, said petition must be accompanied by a cash bond of Five Thousand Dollars ($5,000.00), running in favor of the contestee and conditioned upon payment of any and all liabilities or judgments arising from the contest so filed. In said petition, contestant must allege the specific act constituting such alleged fraud and the names of the alleged perpetrators of such fraud. If such petition is filed in the manner herein provided, the district judge of the county in which the alleged fraud occurred, or such other judge as may be assigned by the Supreme Court, shall hear and determine said issue without delay or continuance of more than one (1) day. On the day of such hearing, the contestee may file answer to such petition or may file cross petition, setting forth in detail, as required of a petitioner herein, such claim of fraud. An original petition or cross petition must be under oath and under penalty of perjury. The judge shall try and determine the issues formed by such pleadings and render such judgment as he or she may deem just and proper, according to the evidence submitted. The decision of said district judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished the officer who presided at the town meeting. In any case where fraud is proved on the part of a nominee, he or she shall be declared ineligible for the office for which he or she was nominated. In all cases where a petition is filed which alleges fraud, but after hearing said allegations are not reasonably sustained by competent evidence, the contestant shall be civilly liable in damages to the contestee for all damages sustained, including a reasonable attorney fee and all reasonable and proper costs of conducting such contest; and in the event it be alleged and found that such petition was frivolous in nature, the contestee may also be allowed punitive damages to be paid by said petitioner.
Added by Laws 1988, c. 105, § 11, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-312. Petition alleging irregularities other than fraud - Sufficiency of allegations - Hearing.

When a petition alleging irregularities other than fraud is filed, the petition must allege a sufficient number of irregularities and of such nature as to:
1. Prove that the contestant is lawfully entitled to be announced the winner; or
2. Prove that it is impossible to determine with mathematical certainty which nominee is entitled to be announced the winner. Proof of failure of the presiding officer to take the vote by a paper ballot shall be sufficient proof of this requirement.
If such allegations are not made, the petition shall be deemed frivolous by the presiding judge and shall be dismissed. Said petition must set forth specific allegations of irregularities. If said petition is filed in the manner herein provided, the district judge of the county or such other judge as may be assigned by the Supreme Court shall hear and determine said issue in the same manner as provided for a petition alleging fraud.
Added by Laws 1988, c. 105, § 12, eff. Nov. 1, 1988. Amended by Laws 1989, c. 78, § 3, emerg. eff. April 17, 1989
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-313. Impossibility of determining winner - Special town meeting to fill contested office.

In the event, after a hearing is conducted pursuant to Section 11 or 12 of this act, it is deemed impossible to determine who should be announced the winner, the judge shall notify the presiding officer of the town meeting of the same. It shall then be the duty of the presiding officer to call a special town meeting for the purpose of filling the contested office, provided that any nominee upon whom fraud has been proved shall not be a nominee in the new election.
Added by Laws 1988, c. 105, § 13, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-314. Omission of or noncompliance with notice requirements - Correction - Rectification of other errors and omissions - Validation of business of original action.

When any of the requirements of this act as to notice of a biennial or special town meeting have been omitted or not complied with, the omission or noncompliance, if the meeting and the business transacted at it is otherwise legal and within the scope of the municipal powers, may be corrected and legalized by a majority vote of the registered voters present at a regular town meeting or special town meeting of the municipality called for that purpose, with notice as required by Section 4 of this act. The question to be voted upon shall substantially be, "Shall the action taken at the meeting of this town held on (state date) in spite of the fact that (state error or omission), and any act or action of the municipal officers or agents pursuant thereto be readopted, ratified and confirmed?". Errors or omissions in the conduct of an original meeting which are not the result of an unlawful notice or noncompliance within the scope of the notice, may be rectified by a resolution of the governing body of the municipality passed by a majority of the members of the governing body at a regular meeting or a special meeting called for that purpose, stating that the defect was the result of oversight, inadvertence or mistake. When an error or omission of this nature has been thus corrected by resolution, all business within the terms of the action of the qualified voters shall be as valid as if the requirements had been initially complied with, on condition, however, that the original action thereby corrected by the governing body was in compliance with the legal exercise of its governing powers.
Added by Laws 1988, c. 105, § 14, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-16-315. Elections to be conducted by county election board - Option to be conducted at town meeting.

Whenever in Title 11 of the Oklahoma Statutes provisions are made for election of officers or consideration of questions at elections conducted by the county election board pursuant to Section 16-101 et seq. of Title 11 of the Oklahoma Statutes, such elections may be held or questions considered at biennial or special town meetings, if the municipality is subject to the provisions of this act.
Added by Laws 1988, c. 105, § 15, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-101. Borrowing or appropriating monies - Investments - Deposit of monies.

A. Any act of a municipal governing body which provides for the borrowing of monies or for appropriating monies shall not be valid unless a majority of the governing body of the municipality votes in favor of the action. The municipal governing body may not appropriate or draw any order on the treasurer for monies unless the same has been appropriated in the manner provided by law or ordered in pursuance of some object provided for by law.
B. A municipality may invest its funds in any bond, note, or other evidence of indebtedness issued by those agencies, authorities, instrumentalities, or public entities whose governing boards are appointed by the municipality or issued by any public trust of which it is sole beneficiary, excluding obligations which are industrial development bonds as defined in the provisions of Section 103 of the Internal Revenue Code of 1953, as amended, and regulations promulgated thereto.
C. If a municipality has established a system for the separate accounting of monies by fund sources that has been certified by the auditor of the municipality, the treasurer of such municipality acting as an officer of the municipality or as agent of any instrumentality or public trust of the municipality may deposit into one or more accounts of an authorized depository all monies coming into his custody. Unless otherwise provided for by law, interest earnings shall be prorated according to fund source.
Amended by Laws 1984, c. 126, § 32, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-103. Actions against municipality.

No costs may be recovered against a municipality, in any action brought against it, for any unliquidated claim which has not been presented to the governing body for auditing, nor for claims allowed in part unless the recovery shall be for a greater sum than the amount allowed with the interest due. No action may be maintained against a municipality in exercising or failing to exercise any corporate power or authority where such action would not lie against a private individual under like circumstances.
Laws 1977, c. 256, § 17-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-104. Liability for voting unlawful claims.

Any governing body member who intentionally votes to appropriate money or to allow any bill or claim which is not authorized by law shall be personally liable to the municipality for the amount of such money appropriated, or bills or claims allowed, with costs of suit, in an action before any court of competent jurisdiction.
Laws 1977, c. 256, § 17-104, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-105.1. Filing of audit or agreed-upon-procedures report - Form.

An auditor shall file with the State Auditor and Inspector, at the same time a certified copy of an audit or agreed-upon-procedures report is filed as required in Section 17-105 of this title, two copies of a prescribed form setting forth for the fiscal year audited the funds available to the municipality and the use of those funds. The form shall also include information relating to the duly constituted authorities of the municipality and shall be on a form approved by the State Auditor and Inspector. Copies of said audit and the form shall be made available for public inspection by the municipality and the State Auditor and Inspector. The State Auditor and Inspector may contract for the preparation and reporting of the information submitted on the form.
Added by Laws 1984, c. 125, § 2, emerg. eff. April 10, 1984. Amended by Laws 2005, c. 459, § 2, eff. July 1, 2005; Laws 2018, c. 45, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-106.1. Independent audit reports relating to federal awards compliance - Form required.

Independent auditor's reports relating to federal awards compliance will be in a form consistent with the auditors' reports in the most recent audit guide for state and local governments prepared by The American Institute of Certified Public Accountants. State agencies or other pass-through grantors of federal awards will not place auditing requirements on a municipality, in addition to the required reports and schedules of federal awards expended, without approval of the State Auditor and Inspector.
Added by Laws 1991, c. 124, § 3, eff. July 1, 1991. Amended by Laws 2005, c. 459, § 3, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-107. Failure to file audit or agreed-upon-procedures report.

If a municipality does not file a copy of its audit or agreed-upon-procedures report as provided in Section 17-105 of this title, the State Auditor and Inspector shall notify the Oklahoma Tax Commission which shall withhold from the municipality its monthly allocations of gasoline taxes until notified by the Office of the State Auditor and Inspector that the audit report has been filed. If a report is not filed within two (2) years after the close of the fiscal year in the case of an annual audit, or the second fiscal year of a biennial audit period, the funds being withheld shall be remitted by the Oklahoma Tax Commission to the Special Investigative Unit Auditing Revolving Fund created pursuant to Section 4 of this act.
Added by Laws 1977, c. 256, § 17-107, eff. July 1, 1978. Amended by Laws 1979, c. 30, § 2, emerg. eff. April 6, 1979; Laws 1993, c. 146, § 2; Laws 2005, c. 459, § 4, eff. July 1, 2005; Laws 2022, c. 254, § 3, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-107A. Special Investigative Unit Auditing Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Auditor and Inspector to be designated the "Special Investigative Unit Auditing Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Auditor and Inspector from funds withheld from a municipality's allocations of gasoline taxes as provided in Section 17-107 of Title 11 of the Oklahoma Statutes and all monies received from legislative appropriations for the purpose of conducting investigative municipal audits. All monies accruing to the credit of such fund are hereby appropriated and may be budgeted and expended by the State Auditor and Inspector for the purpose of offsetting expenses incurred from special investigative audit activities relating to municipal government. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2022, c. 254, § 4, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-17-109. Capital improvement fund - Authority to create.

The municipal governing body may create a capital improvement fund and place in the fund any money available to the municipality. Money in the fund may be accumulated from year to year. The fund shall be nonfiscal and shall not be considered in computing any levy when the municipality makes its estimate to the excise board for needed appropriations. Money in the capital improvement fund may be expended for any capital improvement.
Laws 1977, c. 256, § 17-109, eff. July 1, 1978; Laws 1991, c. 124, § 4, eff. July 1, 1991.