Difference between revisions of "School bond and tax elections in Oklahoma"

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===Election dates===
 
===Election dates===
  
Oklahoma school districts must normally hold elections to issue bonds on the second Tuesday of each February except for years when a Presidential Preference Primary is held. <ref>[http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 710.A-Oklahoma Education Code)</ref>
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Oklahoma school districts must normally hold elections to issue bonds on the second Tuesday of each February except for years when a Presidential Preference Primary is held.<ref>[http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 710.A-Oklahoma Education Code)</ref>
  
 
===Needed majority===
 
===Needed majority===
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===Special elections===
 
===Special elections===
  
School districts can hold special elections as long as the special elections are in the allowed parameters set by Oklahoma law.  School districts can only hold special elections on the second Tuesday of January, February, May, June, July, August, September, October, November and December and the first Tuesday in March and April in odd-numbered years.  During even numbered years, special elections can be on the second Tuesday of January, February, May, and December and the first Tuesday in March and April.  Also, during even numbered years special elections can be held in the last Tuesday in July, the fourth Tuesday in August, and the first Tuesday after the first Monday in November.  The exception is in a year when a Presidential Preferential Primary Election is held in February.  If the special election is held during a year of a Presidential Preference primary, the date for the special elections shall be the same date as the Presidential Preferential Primary. <ref>[http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 711.B-Oklahoma Education Code)</ref>
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School districts can hold special elections as long as the special elections are in the allowed parameters set by Oklahoma law.  School districts can only hold special elections on the second Tuesday of January, February, May, June, July, August, September, October, November and December and the first Tuesday in March and April in odd-numbered years.  During even numbered years, special elections can be on the second Tuesday of January, February, May, and December and the first Tuesday in March and April.  Also, during even numbered years special elections can be held in the last Tuesday in July, the fourth Tuesday in August, and the first Tuesday after the first Monday in November.  The exception is in a year when a Presidential Preferential Primary Election is held in February.  If the special election is held during a year of a Presidential Preference primary, the date for the special elections shall be the same date as the Presidential Preferential Primary.<ref>[http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 711.B-Oklahoma Education Code)</ref>
  
 
If a bond election gets defeated, there is a mandatory four month cooling off period.  The four month requirement does not apply to levy caps.<ref>[http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=90228 "Oklahoma Education Code" Oklahoma Bond Issue Law (Referenced Statute O.S.70§15-102)</ref>
 
If a bond election gets defeated, there is a mandatory four month cooling off period.  The four month requirement does not apply to levy caps.<ref>[http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=90228 "Oklahoma Education Code" Oklahoma Bond Issue Law (Referenced Statute O.S.70§15-102)</ref>

Latest revision as of 20:35, 10 March 2014

School bonds
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School bond and tax elections in Oklahoma happpen under three circumstances:
  • To issue new bonds.
  • To issue new bond taxes.
  • To exceed the state's five mill levy limit.

Laws affecting school finance

Oklahoma bond issue

Under Oklahoma law, school districts are required to issue a ballot question to the voters to approve the issuance of new bonds. Under law, bonds can be used for transportation, textbooks, technology equipment, building new facilities or repairing existing facilities.[1] For transportation and technology uses of bonds, the bonds cannot exceed ten percent of the district's total taxable valuation of property.[2][3]

Five mill levy limit

Oklahoma like Michigan and Ohio use the mill rate formula to determine its property tax cap. Under the Oklahoma Constitution, the five mill levy limit is protected. Under, Article X, Section 9B of the Oklahoma Constitution, the five mill limit counts for all valuation of taxable property in any school district.[4]

Under Oklahoma law, the five mill limit is separate for new construction, issuing new bond taxes, or to extend what is called an incentive levy.[5] All total property taxes including school and municipal property taxes cannot exceed fifteen mills.[6]

School districts can use new bond funds for capital improvements, including purchasing prospective building sites. In addition, bonds can be used towards constructing, purchasing, improving, equipping real property and buildings.[7]

Incentive levy

Oklahoma has an incentive levy for school districts. For a school district to have an incentive levy, the levy must be approved by the voters and made available every year until the voters have a successful repeal of the incentive levy. If the district's voters approved such levy for three consecutive elections, the levy must be made available until repeal.[8]

Conduct of the bond election, limitations, rules

Authority conducting elections

The local county election commission is responsible for holding school bond elections in Oklahoma.[9]

Election dates

Oklahoma school districts must normally hold elections to issue bonds on the second Tuesday of each February except for years when a Presidential Preference Primary is held.[10]

Needed majority

A 3/5 majority is required in order to pass a school bond election.[11] A simple majority is required to pass a referendum involving levy caps mandated by the Oklahoma Constitution.[12]

Special elections

School districts can hold special elections as long as the special elections are in the allowed parameters set by Oklahoma law. School districts can only hold special elections on the second Tuesday of January, February, May, June, July, August, September, October, November and December and the first Tuesday in March and April in odd-numbered years. During even numbered years, special elections can be on the second Tuesday of January, February, May, and December and the first Tuesday in March and April. Also, during even numbered years special elections can be held in the last Tuesday in July, the fourth Tuesday in August, and the first Tuesday after the first Monday in November. The exception is in a year when a Presidential Preferential Primary Election is held in February. If the special election is held during a year of a Presidential Preference primary, the date for the special elections shall be the same date as the Presidential Preferential Primary.[13]

If a bond election gets defeated, there is a mandatory four month cooling off period. The four month requirement does not apply to levy caps.[14]

Wording of measures

Under Oklahoma Initiative and Referendum law, there are strict standards for the wording of ballot measures. Under Oklahoma law, the measures must be clear, written in 200 words or less, with a Yes vote for the referendum and No vote against the referendum.[15]

Required notice of bond election

Regular elections

Fifteen days at minimum must elapse after a school district approves calling a resolution for a election till the first day of the filing period for initiatives in Oklahoma.[16]

Special elections

A minimum of sixty days must elapse when a school district approves a resolution calling a special election till the actual date of the election.[17]

See also

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External links

References

  1. "Oklahoma Legislature" Oklahoma School Bond Law(Referenced Statute 70§15-101, Oklahoma Statutes)
  2. "Oklahoma Legislature" Oklahoma School Bond Law(Referenced Statute 70§15-106, Oklahoma Statutes)
  3. "Oklahoma Legislature" Oklahoma School Bond Law(Referenced Statute 70§15-106.1, Oklahoma Statutes)
  4. "Oklahoma Legal" Oklahoma Constitution(Article X, Section 9B)
  5. "Oklahoma Legal" Oklahoma Constitution(Article X, Section 9B (A))
  6. "Oklahoma Legal" Oklahoma Constitution(Article X, Section 9(A))
  7. "Oklahoma Legal" Oklahoma Constitution(Article X, Section 9B (A))
  8. "Oklahoma Legal" Oklahoma Constitution(Article X, Section 9B (B))
  9. "OSCN" Oklahoma Election Law(Referenced Statute Article XIII, Section 13-101 Oklahoma Election Code)
  10. [http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 710.A-Oklahoma Education Code)
  11. [1](Referenced Section Title 70 Chapter 1 Article XV Section 15-103))
  12. [2](Referenced Section Article X, Section 9B of the Oklahoma Constitution)
  13. [http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 711.B-Oklahoma Education Code)
  14. [http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=90228 "Oklahoma Education Code" Oklahoma Bond Issue Law (Referenced Statute O.S.70§15-102)
  15. "Oklahoma Referendum Law" Wording of Measures(Referenced Statute Title 34, Section 9 Oklahoma I and R Law)
  16. [http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 716 A-Oklahoma Education Code)
  17. [http://sde.state.ok.us/Law/LawBook/law/Chapter5/C_5-A_I.htm "Oklahoma Education Code" (Referenced Statute 716 B-Oklahoma Education Code)