SECTION 155:10-1-5. Elected Directors; election procedures

  Notification of election. Three directors shall be elected for a term of three years. The elected positions are numbered 1, 2 and 3 with succeeding terms, so that one term expires each year. A district director will continue to serve until re-elected or a successor is certified by the Commission.

(1)   Date of election. An election for District Director shall be held each year on the first Tuesday in June; provided there are two or more eligible candidates.

(2)   Notice of Filing Period. The filing period for the position of District Director shall begin at the start of business on May 1 through the close of business on May 14 of each year. Each District shall give notice of such filing period in all newspapers of general circulation in the District twice, with an interval of seven days, within the first three weeks of April. Such notice shall contain data as prescribed by the Commission. The Commission shall assume the cost of such notice. The District shall send a copy of such notice and certification signed by the newspaper to the Commission office.

(3)   Notification and declaration of candidacy. To declare as a candidate for District Director, individuals shall fill out a notification of candidacy as prescribed by the Commission. The District shall accept notice from all persons who fill out the notice and shall forward it to the Commission upon the close of the filing period. If the individual does not have a cooperator agreement with said district, an application for cooperator agreement must be made as prescribed by the Commission.

(4)   Receipt of notification of candidacy. Upon receipt of the notifications of candidacy, the Commission shall determine eligibility of the candidate(s). The Commission shall notify the appropriate District of its findings of eligibility.

(A)   If only one candidate files notification of candidacy, and is determined eligible by the Commission, no election will be held and the candidate will be declared elected to the position.

(B)   If two or more candidates file notification of candidacy, and are determined eligible by the Commission, an election shall be held and the District shall prepare for such election.

(C)   If no one files notification of candidacy during the filing period, the District shall recommend to the Commission an individual for appointment on a form as prescribed by the Commission to the elected position. However, the current director shall continue to serve until a successor is appointed.

(5)   Board Meeting to prepare for election. If it is determined by the Commission that two or more candidates are eligible, the District shall hold a special meeting if the regularly meeting has already been held to:

(A)   recommend polling places (see Polling Places),

(B)   appoint the District Election Committee (see District Election Committee), and

(C)   determine the newspapers to publish the Notice of Election.

(6)   Election procedures.

(A)   Polling Places. In determining the location of the polling places, the following criteria shall be used and all polling places shall be approved by the Commission:

(i)   One shall be in the city/town of the District office;

(ii)   Additional locations may be at such sites throughout the District boundaries so as to provide accessibility to all geographic areas in the district.

(B)   District Election Committee; precinct committees.

(i)   The Board of Directors shall appoint a District Election Committee of three to have charge of the election in the District. Members of the District Election Committee shall be responsible only to the Commission and shall be authorized representatives of the Commission. If more than one polling place is approved by the Commission, the District Election Committee shall appoint a Precinct Committee consisting of three members to supervise the election at each additional polling place. The District Election Committee will supervise and be responsible for conducting the election. The District Election Committee and the Precinct Committees, if needed, shall abide by instructions as prescribed by the Commission.

(ii)   The Board of Directors and/or their immediate families cannot serve on either the District Election Committee or the Precinct Election Committee as set out in this paragraph.

(iii)   Members of the Committees shall be paid a rate in accordance with the County Election Board and shall receive mileage at the State Travel Reimbursement Act rate.

(C)   Notification of election. Each District holding an election shall publish such information in all newspapers of general circulation in the district at least two times with an interval of seven days. Such publication should be completed five days prior to the election, and such notice shall contain data as prescribed by the Commission.

(7)   Election results. Election results shall be sent to the Commission office upon completion of tabulation and on forms as prescribed by the Commission. The Commission will certify the election results and will forward certification to the appropriate District. Ninety days after the newly elected Director is certified by the Commission, the ballots shall be destroyed provided no challenge of election is pending.

(8)   Runoff election. If two or more candidates receive the same number of majority votes cast, a runoff election will be held within thirty days from the date of the first election and in the same manner as the first election.

(9)   Challenge of election results. Any candidate can contest the correctness of the announced results by filing a written petition with the District Election Committee before 4:30 p.m.on the Friday following the election.

(A)   Recount of ballots. Any person demanding a recount of ballots shall deposit with the District Election Committee an amount set forth by the Commission. If a change in the winner is noted, then deposited funds will be returned to the challenger. If no change in the winner is noted, then all expenses shall be deducted from the deposited funds and the balance of said deposit, if any, shall be returned to the challenger.

(B)   Certification of voters. Any person demanding that voters be certified as registered voters within the boundaries of the district shall deposit with the District Election Committee an amount set forth by the Commission. If a change in the winner is noted, then deposited funds will be returned to the challenger. If no change in the winner is noted, then all expenses shall be deducted from the deposited funds and the balance of said deposit, if any, shall be returned to the challenger.

(10)   Taking office. The newly elected Directors shall assume their duties on July 1^st of each year or as soon thereafter as qualified by the Commission for a term of three years and shall be administered a Loyalty Oath and an Oath of Office. Copies of the oaths shall be filed in accordance with state law.

(11)   Vacant elected position. If a vacancy is created for any reason during the elected term, the Commission shall appoint a successor to fill the unexpired term of such elected Director; however, the elected director shall continue to serve until a qualified successor is appointed.

[Source: Amended at 26 Ok Reg 786, eff 4-25-09]