{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-7-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-7-101","heading":"Boundaries - Petition or resolution to change -","body":"Election.\n\nA. Except as otherwise provided for in Section 7-105 of this\n\ntitle for conditional consolidated school districts, the territory\n\ncomprising all or part of a school district may be annexed to\n\nanother school district or to two or more districts, when approved\n\nat an annexation election called by the State Superintendent of\n\nPublic Instruction, but except as provided in subsection B of this\n\nsection, an annexation election may not be held unless the boards of\n\neducation of the affected districts concur therein. Provided, that\n\nsuch concurrence of the boards of education affected shall not be\n\nrequired in cases of mandatory annexation by the State Board of\n\nEducation:\n\n1. In pursuance of a petition for annexation signed by a\n\nmajority of the school district electors in the territory proposed\n\nto be annexed, hereinafter referred to as the area affected, said\n\nmajority being applied to the highest number of voters voting in a\n\nregular school district election in the district in the preceding\n\nfive (5) years as determined by the secretary of the county election\n\nboard, who shall certify the adequacy of the number of signatures on\n\nthe petition as provided in this section; or\n\n2. In pursuance of a resolution adopted by the board of\n\neducation of the district in which the area affected is situated.\n\nB. An annexation election shall be called by the State\n\nSuperintendent of Public Instruction without the concurrence of the\n\nboard of education of the school district which is proposed to be\n\nannexed, upon the filing of a petition with the State Superintendent\n\nof Public Instruction for annexation that is signed by a majority of\n\nthe school district electors in the territory proposed to be\n\nannexed, hereinafter referred to as the area affected, said majority\n\nbeing applied to the highest number of voters voting in a regular\n\nschool district election in the district in the preceding five (5)\n\nyears as determined by the secretary of the county election board,\n\nwho shall certify the adequacy of the number of signatures on the\n\npetition. The petition shall contain such information as the State\n\nSuperintendent of Public Instruction may require.\n\nC. Annexation elections held pursuant to this section shall be\n\nconducted pursuant to the following procedures:\n\n1. Such election shall be held not less than sixty (60) days\n\nnor more than ninety (90) days after the State Superintendent of\n\nPublic Instruction receives such petition, at some public place in\n\nthe school district in which the area affected is situated, between\n\nthe hours of 7 a.m. and 7 p.m., and notice thereof shall be given by\n\nthe State Superintendent of Public Instruction in the same manner as\n\nnotice of special elections of the school district electors of\n\nschool districts is given, provided, that the State Superintendent\n\nof Public Instruction shall not be required to call an election for\n\nthe purpose of annexing a part of a school district more than once\n\nduring any twelve-month period. Such elections shall be conducted\n\nby the county election board;\n\n2. The annexation shall be approved by a majority of the school\n\ndistrict electors voting at such election:\n\na. of an entire school district, or\n\nb. if a majority of the members of a board of education\n\nof a school district losing the territory concur with\n\nthe petitioners, or resolution, only the legal voters\n\nof the area so affected shall be eligible to vote at\n\nsuch election, or\n\nc. if the affected area is part of a school district with\n\nthirty thousand (30,000) or more average daily\n\nmembership, if the boundaries of the affected area is\n\nnot contiguous with the boundaries of the rest of the\n\ndistrict, and if the boundary of the noncontiguous\n\naffected area is a least two (2) miles from the\n\nnearest boundary of the rest of the district, only the\n\nlegal voters of the area so affected shall be eligible\n\nto vote at such election. Provided, if there is an\n00) or more average daily\n\nmembership, if the boundaries of the affected area is\n\nnot contiguous with the boundaries of the rest of the\n\ndistrict, and if the boundary of the noncontiguous\n\naffected area is a least two (2) miles from the\n\nnearest boundary of the rest of the district, only the\n\nlegal voters of the area so affected shall be eligible\n\nto vote at such election. Provided, if there is an\n\nincorporated city located wholly within the separate\n\nnoncontiguous affected area, the annexation election\n\nbeing held shall not effect the area within the\n\nboundaries of the incorporated area unless a majority\n\nof the school district electors within the boundaries\n\nof the incorporated area also file a petition\n\nrequesting annexation as required in subsection B of\n\nthis section.\n\nIf the area proposed to be annexed constitutes less than two percent\n\n(2%) of the total area of the school district in which such area is\n\nlocated, and there are no qualified electors residing in such area,\n\nno election shall be held. In such instance the board of education\n\nof the school district wherein the area proposed to be annexed is\n\nlocated and the board of education of the school district to which\n\nsuch area is proposed to be annexed shall each adopt a resolution\n\napproving such annexation and shall transmit certified copies of\n\nboth resolutions to the State Superintendent of Public Instruction\n\nwho shall, within five (5) days after receiving copies of such\n\nresolutions, make an order declaring the annexation as approved in\n\nthe resolutions. Copies of the annexation order shall be\n\ntransmitted to the State Board of Education, Oklahoma Tax\n\nCommission, county clerk, county treasurer, county assessor and to\n\nthe boards of education of the school districts involved;\n\n3. The annexation shall be approved by a majority of the school\n\ndistrict electors of the area affected, voting at such election, if\n\nthe area affected is an area within a school district in which, as a\n\nresult of condemnation proceedings by the federal government, a\n\nmajority of the pupils of said area have attended school, for at\n\nleast one school term, in the district to which the petition\n\nrequests annexation;\n\n4. If the annexation of an entire district is approved, as\n\nprovided for in this section, the State Superintendent of Public\n\nInstruction shall, within five (5) days after such election, issue\n\nan order declaring the annexation as requested in the petition or\n\nresolution for annexation to the State Board of Education, Oklahoma\n\nTax Commission, county clerk, county treasurer and county assessor\n\nin each county in which any of the territory of the disorganized\n\ndistrict lies, but the annexation shall not become effective until\n\nthe time for filing an appeal, as hereinafter provided, has expired.\n\nIn the event a majority of the electors voting at such election do\n\nnot vote for the annexation, the State Superintendent of Public\n\nInstruction shall, within five (5) days after such election, issue\n\nan order denying the annexation to the State Board of Education,\n\nOklahoma Tax Commission, county clerk, county treasurer and county\n\nassessor in each county in which any of the territory of the\n\ndisorganized district lies. Within ten (10) days after the order of\n\nthe State Superintendent of Public Instruction is issued, twenty-\n\nfive percent (25%) of the school district electors who were eligible\n\nto vote at the annexation election may appeal to the district court\n\nof the county in which the territory proposed to be annexed, or the\n\nlargest part thereof if such territory lies in more than one county,\n\nis situated, and thereafter all proceedings shall be stayed until\n\nthe district court has rendered judgment. The proceedings shall be\n\ngiven precedence over all other civil matters. In the event the\n\ncourt issues a final order upholding a partial annexation, the\n\neffective date of said partial annexation shall be July 1 following\nargest part thereof if such territory lies in more than one county,\n\nis situated, and thereafter all proceedings shall be stayed until\n\nthe district court has rendered judgment. The proceedings shall be\n\ngiven precedence over all other civil matters. In the event the\n\ncourt issues a final order upholding a partial annexation, the\n\neffective date of said partial annexation shall be July 1 following\n\nthe final order. All pending annexation proceedings are hereby\n\nexempted from this act. The State Board of Education shall be\n\nrequired to change the boundary lines as described in the\n\ndeclaration after all litigation has expired;\n\n5. Upon the effective date of the annexation of an entire\n\nschool district to one or more school districts, the board of\n\neducation of the school district whose territory was annexed shall\n\nbe declared abolished by the State Superintendent of Public\n\nInstruction. If a school district to which the territory was\n\nannexed currently has a five-member board of education, that school\n\ndistrict board of education shall have the option of forming a\n\nseven-member board of education pursuant to the provisions of\n\nSection 5-107A of this title upon the effective date of the\n\nannexation; and\n\n6. If an independent district annexes to an elementary district\n\nnot maintaining a high school, both boards of education are\n\nabolished. The Governor shall appoint three members of the newly\n\nformed district to the board of education and these members shall\n\nappoint the remaining two members.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"26d8f4901d5456eb8e2162dc75e6aa6bb6f4c22137c3500b5406d25b1e5f78ac","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-699","next":"us-ok/okla.-stat.-tit.-70-70-7-101.1"},"notice":"GroundRules: Original legal text. Not legal advice."}