§ 11-16-306. Presiding officer - Rules of order, conduct and decorum - Minutes - Ballots - Nomination and election of officials - False affidavits.

A.  Except as otherwise provided in this act, Section 16-301 et seq. of this title, the mayor shall be the presiding officer of town meetings, shall decide questions of order and shall make public declaration of votes taken.  Robert's Rules of Order shall govern all town meetings, except when such rules are inconsistent with Oklahoma law.  The presiding officer may establish other rules of conduct and decorum for the meetings consistent with the Oklahoma Town Meeting Act, Section 16-301 et seq. of this title.  When the office of mayor is vacant or if the mayor is unable to attend the town meeting, one of the members of the governing body shall be elected by the remaining members of the governing body to preside over the town meeting.

B.  The municipal clerk shall keep the minutes of the meeting.  The minutes shall separately record the number of votes for and against each candidate and each question and shall record the total number of votes cast for each position.  Paper ballots shall be preserved in the municipal clerk's office for a period of six (6) months following the town meeting at which said ballots were cast.

C.  Officials elected at town meetings shall be nominated and elected at large by the registered voters present from nominations taken from the floor.  Prior to accepting any nominations the presiding officer shall state the number of governing body offices to be elected for four-year terms and the number of governing body offices to be elected to fill unexpired terms, if any.  There shall be separate nominations and balloting for each designated term.  The nominee who receives a plurality of the votes cast for the office of the designated term shall be elected for that designated term.  If more than one office is to be filled for a designated term, the voters shall vote for the designated number of offices to be filled and, the nominees receiving the largest pluralities shall be elected to those offices.  All votes shall be taken by secret ballot; provided that if there is only one candidate for an office, he or she may be elected by acclamation upon proper motion.  In case of a tie vote, the municipal clerk shall immediately select the electee or electees by lot as follows:  The clerk shall write or print the names of the tied nominees on similar pieces of paper and place the papers in a container in view of the persons attending the town meeting.  The clerk shall designate a person, who shall not be one of the nominees, to draw one name for each office to be filled and the nominee or nominees whose names are so drawn shall be deemed elected.  All other papers in the container shall then be exposed for examination.  Only a registered voter who has been a registered voter at an address within the municipality for at least six (6) months prior to the date of the town meeting at which the elections are held shall be qualified for nomination for office.  To be eligible for election, any person who is nominated for office must swear under oath that he or she has been a registered voter at an address within the municipality for the last six (6) months.  Only qualified registered voters who are present at the town meeting at which the elections are held shall be eligible for nomination for municipal office, provided that a qualified registered voter who is not present may be nominated if he or she has agreed in writing to accept the office if elected and has sworn an affidavit that he or she has been a registered voter at an address within the municipality for the last six (6) months.  Any person who falsely swears or signs a false affidavit that the person is qualified for municipal office shall be guilty of a felony.

Added by Laws 1988, c. 105, § 6, eff. Nov. 1, 1988.  Amended by Laws 1989, c. 78, § 2, emerg. eff. April 17, 1989; Laws 1997, c. 133, § 128, eff. July 1, 1999.

Note

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 128 from July 1, 1998, to July 1, 1999.