Okla. Stat. tit. 70, § 70-7-101

Election.

A. Except as otherwise provided for in Section 7-105 of this

title for conditional consolidated school districts, the territory

comprising all or part of a school district may be annexed to

another school district or to two or more districts, when approved

at an annexation election called by the State Superintendent of

Public Instruction, but except as provided in subsection B of this

section, an annexation election may not be held unless the boards of

education of the affected districts concur therein. Provided, that

such concurrence of the boards of education affected shall not be

required in cases of mandatory annexation by the State Board of

Education:

1. In pursuance of a petition for annexation signed by a

majority of the school district electors in the territory proposed

to be annexed, hereinafter referred to as the area affected, said

majority being applied to the highest number of voters voting in a

regular school district election in the district in the preceding

five (5) years as determined by the secretary of the county election

board, who shall certify the adequacy of the number of signatures on

the petition as provided in this section; or

2. In pursuance of a resolution adopted by the board of

education of the district in which the area affected is situated.

B. An annexation election shall be called by the State

Superintendent of Public Instruction without the concurrence of the

board of education of the school district which is proposed to be

annexed, upon the filing of a petition with the State Superintendent

of Public Instruction for annexation that is signed by a majority of

the school district electors in the territory proposed to be

annexed, hereinafter referred to as the area affected, said majority

being applied to the highest number of voters voting in a regular

school district election in the district in the preceding five (5)

years as determined by the secretary of the county election board,

who shall certify the adequacy of the number of signatures on the

petition. The petition shall contain such information as the State

Superintendent of Public Instruction may require.

C. Annexation elections held pursuant to this section shall be

conducted pursuant to the following procedures:

1. Such election shall be held not less than sixty (60) days

nor more than ninety (90) days after the State Superintendent of

Public Instruction receives such petition, at some public place in

the school district in which the area affected is situated, between

the hours of 7 a.m. and 7 p.m., and notice thereof shall be given by

the State Superintendent of Public Instruction in the same manner as

notice of special elections of the school district electors of

school districts is given, provided, that the State Superintendent

of Public Instruction shall not be required to call an election for

Oklahoma Statutes - Title 70. Schools Page 477

the purpose of annexing a part of a school district more than once

during any twelve-month period. Such elections shall be conducted

by the county election board;

2. The annexation shall be approved by a majority of the school

district electors voting at such election:

a. of an entire school district, or

b. if a majority of the members of a board of education

of a school district losing the territory concur with

the petitioners, or resolution, only the legal voters

of the area so affected shall be eligible to vote at

such election, or

c. if the affected area is part of a school district with

thirty thousand (30,000) or more average daily

membership, if the boundaries of the affected area is

not contiguous with the boundaries of the rest of the

district, and if the boundary of the noncontiguous

affected area is a least two (2) miles from the

nearest boundary of the rest of the district, only the

legal voters of the area so affected shall be eligible

to vote at such election. Provided, if there is an
00) or more average daily

membership, if the boundaries of the affected area is

not contiguous with the boundaries of the rest of the

district, and if the boundary of the noncontiguous

affected area is a least two (2) miles from the

nearest boundary of the rest of the district, only the

legal voters of the area so affected shall be eligible

to vote at such election. Provided, if there is an

incorporated city located wholly within the separate

noncontiguous affected area, the annexation election

being held shall not effect the area within the

boundaries of the incorporated area unless a majority

of the school district electors within the boundaries

of the incorporated area also file a petition

requesting annexation as required in subsection B of

this section.

If the area proposed to be annexed constitutes less than two percent

(2%) of the total area of the school district in which such area is

located, and there are no qualified electors residing in such area,

no election shall be held. In such instance the board of education

of the school district wherein the area proposed to be annexed is

located and the board of education of the school district to which

such area is proposed to be annexed shall each adopt a resolution

approving such annexation and shall transmit certified copies of

both resolutions to the State Superintendent of Public Instruction

who shall, within five (5) days after receiving copies of such

resolutions, make an order declaring the annexation as approved in

the resolutions. Copies of the annexation order shall be

transmitted to the State Board of Education, Oklahoma Tax

Commission, county clerk, county treasurer, county assessor and to

the boards of education of the school districts involved;

3. The annexation shall be approved by a majority of the school

district electors of the area affected, voting at such election, if

the area affected is an area within a school district in which, as a

result of condemnation proceedings by the federal government, a

Oklahoma Statutes - Title 70. Schools Page 478

majority of the pupils of said area have attended school, for at

least one school term, in the district to which the petition

requests annexation;

4. If the annexation of an entire district is approved, as

provided for in this section, the State Superintendent of Public

Instruction shall, within five (5) days after such election, issue

an order declaring the annexation as requested in the petition or

resolution for annexation to the State Board of Education, Oklahoma

Tax Commission, county clerk, county treasurer and county assessor

in each county in which any of the territory of the disorganized

district lies, but the annexation shall not become effective until

the time for filing an appeal, as hereinafter provided, has expired.

In the event a majority of the electors voting at such election do

not vote for the annexation, the State Superintendent of Public

Instruction shall, within five (5) days after such election, issue

an order denying the annexation to the State Board of Education,

Oklahoma Tax Commission, county clerk, county treasurer and county

assessor in each county in which any of the territory of the

disorganized district lies. Within ten (10) days after the order of

the State Superintendent of Public Instruction is issued, twenty-

five percent (25%) of the school district electors who were eligible

to vote at the annexation election may appeal to the district court

of the county in which the territory proposed to be annexed, or the

largest part thereof if such territory lies in more than one county,

is situated, and thereafter all proceedings shall be stayed until

the district court has rendered judgment. The proceedings shall be

given precedence over all other civil matters. In the event the

court issues a final order upholding a partial annexation, the

effective date of said partial annexation shall be July 1 following
argest part thereof if such territory lies in more than one county,

is situated, and thereafter all proceedings shall be stayed until

the district court has rendered judgment. The proceedings shall be

given precedence over all other civil matters. In the event the

court issues a final order upholding a partial annexation, the

effective date of said partial annexation shall be July 1 following

the final order. All pending annexation proceedings are hereby

exempted from this act. The State Board of Education shall be

required to change the boundary lines as described in the

declaration after all litigation has expired;

5. Upon the effective date of the annexation of an entire

school district to one or more school districts, the board of

education of the school district whose territory was annexed shall

be declared abolished by the State Superintendent of Public

Instruction. If a school district to which the territory was

annexed currently has a five-member board of education, that school

district board of education shall have the option of forming a

seven-member board of education pursuant to the provisions of

Section 5-107A of this title upon the effective date of the

annexation; and

6. If an independent district annexes to an elementary district

not maintaining a high school, both boards of education are

abolished. The Governor shall appoint three members of the newly

Oklahoma Statutes - Title 70. Schools Page 479

formed district to the board of education and these members shall

appoint the remaining two members.