2006 Oklahoma Code - Title 26. — Elections

OKLAHOMA STATUTES

TITLE 26.

ELECTIONS

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§261101.  General elections.

On the first Tuesday succeeding the first Monday of November, 1976, and every four (4) years thereafter, a General Election shall be held, at which time electors for President and Vice President shall be elected.  On said date, and every two (2) years thereafter, United States Senators and United States Representatives, whose terms expire before the next succeeding General Election, and state, district and county officers, whose terms expire before the next succeeding General Election, shall be elected.  No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such General Election.

Laws 1974, c. 153, § 1101, operative Jan. 1, 1975; Laws 1977, c. 134, § 1.  

§26-1-102.  Primary elections.

A Primary Election shall be held on the last Tuesday in July of each even-numbered year, at which time each political party recognized by the laws of Oklahoma shall nominate its candidates for the offices to be filled at the next succeeding General Election, unless otherwise provided by law.  No candidate's name shall be printed upon the General Election ballot unless such candidate shall have been nominated as herein provided, unless otherwise provided by law; provided further that this provision shall not exclude the right of a nonpartisan candidate to have his or her name printed upon the General Election ballots.  No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such primary election.

Added by Laws 1974, c. 153, § 1-102, operative Jan. 1, 1975.  Amended by Laws 1977, c. 134, § 2; Laws 2003, c. 162, § 2.


§26-1-103.  Runoff primary election.

If at any Primary Election no candidate for the nomination for office of any political party receives a majority of all votes cast for all candidates of such party for the office, no candidate shall be nominated by such party for the office, but the two candidates receiving the highest number of votes at such election shall be placed on the official ballot as candidates for such nomination at a Runoff Primary Election to be held on the fourth Tuesday of August in the same year.  No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such Runoff Primary Election.

Added by Laws 1974, c. 153, § 1-103, operative Jan. 1, 1975.  Amended by Laws 1977, c. 134, § 2; Laws 2003, c. 162, § 3.


§261104.  Closed primaries  Independent voters.

A.  No registered voter shall be permitted to vote in any Primary Election or Runoff Primary Election of any political party except the political party of which his registration form shows him to be a member, except as otherwise provided by this section.

B.  1.  A recognized political party may permit registered voters designated as Independents pursuant to the provisions of Section 4112 of this title to vote in a Primary Election or Runoff Primary Election of the party.

2.  The state chairman of the party shall, between November 1 and 30 of every oddnumbered year, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party.  If the state chairman notifies the Secretary of the State Election Board of the party's intention to so permit, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held in the following two (2) calendar years.  If the state chairman of one party notifies the Secretary of the State Election Board of the party's intent to so permit, the notification period specified in this paragraph shall be extended to December 15 for the state chairman of any other party to so notify or to change prior notification.  A registered voter designated as Independent shall not be permitted to vote in a Primary Election or Runoff Primary Election of more than one party.

3.  Failure to so notify the Secretary of the State Election Board shall serve to prohibit registered voters designated as Independents from voting in a Primary Election or Runoff Primary Election of the party.

4.  A group of persons seeking to form a recognized political party pursuant to the provisions of Section 1108 of this title shall, upon filing of the petitions seeking recognition of the political party with the Secretary of the State Election Board, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party.  If the party is recognized and the group of persons seeking recognition of the party notifies the Secretary of the State Election Board of such intention, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held prior to January 1 of the following evennumbered year.

Amended by Laws 1987, c. 72, § 1, eff. Nov. 1, 1987.  

§26-1-105.  Substitute candidates.

A.  In the event of the death of a political party's nominee for office prior to the date of the General Election, a substitute candidate will be permitted to have his name placed on the General Election ballot as follows:

1.  If the nominee was a candidate for county office, the political party's central committee of said county shall notify the secretary of the county election board of the name of an alternative candidate to be placed on the General Election ballot.  Such notice shall be submitted in writing, within five (5) days after said death has occurred and shall be signed by at least two duly authorized members of the political party's county central committee.

2.  If the nominee was a candidate who filed his Declaration of Candidacy with the State Election Board, the state central committee of the party affected shall notify the Secretary of the State Election Board of the name of an alternative candidate to be placed on the General Election ballot.  Such notice shall be submitted in writing, within five (5) days after said death has occurred and shall be signed by at least two duly authorized members of the political party's state central committee.

3.  If said death should occur five (5) days or more following the Runoff Primary Election date, a special General Election shall be called by the Governor and shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title,  except that there shall be no filing period or special Primary Election and the candidates in the special General Election shall be the substitute candidate named by the central committee and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.

B.  In the event of the death of a candidate who was unopposed for election, a Special Election shall be called by the Governor.  Said Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.

Added by Laws 1974, c. 153, § 1-105, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 1, emerg. eff. June 6, 1983; Laws 1990, c. 190, § 1, eff. Sept. 1, 1990.


§26-1-106.  Determining dates.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

In determining the date of any event pertaining to elections which date is fixed by statute as occurring a certain number of days before or after an election, neither the day of the election nor the day of the event shall be counted.  If the date set by law for an event pertaining to an election falls on an official holiday, the Secretary of the State Election Board shall have the authority to move the event to a preceding business day or to the next succeeding business day as appropriate for completion of the event.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

In determining the date of any event pertaining to elections which date is fixed by statute as occurring a certain number of days before or after an election, neither the day of the election nor the day of the event shall be counted.

Laws 1974, c. 153, § 1-106, operative Jan. 1, 1975.  Amended by Laws 2004, c. 545, § 1, eff. July 1, 2005.


§261107.  Recognized political parties.

Recognized political parties shall include parties whose candidates' names appeared on the General Election ballot in 1974, and those parties which shall be formed according to law.

Laws 1974, c. 153, § 1107, operative Jan. 1, 1975.  

§26-1-108.  Formation of new political parties.

A group of persons may form a recognized political party at any time except during the period between June 1 and November 15 of any evennumbered year if the following procedure is observed:

1.  Notice of intent to form a recognized political party must be filed in writing with the Secretary of the State Election Board at any time except during the period between March 1 and November 15 of any evennumbered year.

2.  After such notice is filed, petitions seeking recognition of a political party, in a form to be prescribed by the Secretary of the State Election Board, shall be filed with such Secretary, bearing the signatures of registered voters equal to at least five percent (5%) of the total votes cast in the last General Election either for Governor or for electors for President and Vice President.  Each page of such petitions must contain the names of registered voters from a single county.  Petitions may be circulated a maximum of one (1) year after notice is filed, provided that petitions shall be filed with such Secretary no later than May 1 of an evennumbered year.  Such petitions shall not be circulated between May 1 and November 15 of any evennumbered year.

3.  Within thirty (30) days after receipt of such petitions, the State Election Board shall determine the sufficiency of such petitions.  If such Board determines there are a sufficient number of valid signatures of registered voters, the party becomes recognized under the laws of the State of Oklahoma with all rights and obligations accruing thereto.

Added by Laws 1974, c. 153, § 1-108, operative Jan. 1, 1975.  Amended by Laws 1985, c. 269, § 1; Laws 2003, c. 485, § 1; Laws 2004, c. 53, § 6, emerg. eff. April 1, 2004.


§26-1-109.  Party ceases to be recognized.

A.  Any recognized political party whose nominee for Governor or nominees for electors for President and Vice President fail to receive at least ten percent (10%) of the total votes cast for said offices in any General Election shall cease to be a recognized political party.  Said party may regain recognition only by following the procedure prescribed for formation of new political parties.  The State Election Board shall proclaim the fact of a party's failure to receive a sufficient number of votes and shall order that said party cease to be recognized.

B.  Any recognized political party that ceases to be recognized under provisions of this section shall be designated as a political organization.  Such political organization designation shall terminate four (4) years from the date that the political party ceases to be recognized or when the political organization regains recognition as a political party, whichever is earlier.

Added by Laws 1974, c. 153, § 1-109, operative Jan. 1, 1975.  Amended by Laws 1999, c. 88, § 1, emerg. eff. April 13, 1999.


§26-1-110.  Changes in party affiliation.

A.  The Secretary of the State Election Board shall, within sixty (60) days after such proclamation by the State Election Board, change to Independent the party affiliation in the Oklahoma Election Management System of each registered voter of a political party which ceases to be a recognized political party.

B.  The Secretary of the State Election Board shall change to Independent the party affiliation in the Oklahoma Election Management System of each registered voter of a political organization which ceases to be a political organization.

Added by Laws 1974, c. 153, § 1-110, operative Jan. 1, 1975.  Amended by Laws 1990, c. 331, § 1, eff. July 1, 1990; Laws 1999, c. 88, § 2, emerg. eff. April 13, 1999; Laws 2000, c. 358, § 2, eff. July 1, 2000.


§26-1-111.  Repealed by Laws 1991, c. 129, § 5, eff. April 1, 1992.

§262101.  State Election Board  Number of members.

The State Election Board shall be composed of three (3) members, each of whom shall be appointed by the Governor upon advice and consent of the Senate.

Amended by Laws 1983, c. 9, § 178, emerg. eff. March 17, 1983.  

§262101.1.  Appointment of members from certain political parties.

No later than February 15, 1983, and every four (4) years thereafter, the state central committee of the political party having the largest number of registered voters, based upon the latest January 1 registration report, shall submit to the Governor a list of ten (10) nominees for membership on the State Election Board, and the state central committee of the political party having the second largest number of registered voters, based upon the latest January 1 registration report, shall submit to the Governor a list of five (5) nominees for membership on the State Election Board.  The Governor shall be confined to the lists of names submitted by each party and shall appoint two (2) members of the State Election Board from the political party with the largest number of registered voters, and one (1) member of the State Election Board from the political party with the second largest number of registered voters.  Appointments shall be made no later than March 1, 1983, and every four (4) years thereafter.

Laws 1981, c. 286, § 2, emerg. eff. June 29, 1981.  

§262101.2.  Vacancy by death or resignation  Filling.

In the event of a vacancy created by death or resignation, the Governor shall, within thirty (30) days after such vacancy occurs, appoint, upon the advice and consent of the Senate, a member of the same party to fill the unexpired term from a list of five (5) nominees submitted by the party's state central committee within fifteen (15) days after said vacancy occurs.

Laws 1981, c. 286, § 3, emerg. eff. June 29, 1981.  

§262101.3.  Failure of political parties to submit nominees.

Should a state central committee fail to submit nominees within the period prescribed, the Governor shall make his appointment from within the ranks of said party.

Laws 1981, c. 286, § 4, emerg. eff. June 29, 1981.  

§262101.4.  Vacancy by failure to attend meetings  Filling.

A vacancy shall occur when a member fails to attend five (5) consecutive meetings of the Board or when a member changes his party affiliation.  It shall be the duty of the other two (2) members of the Board to notify the Governor and the state central committee affected should such a vacancy occur.  Said vacancy shall be filled in the manner hereinbefore provided.

Laws 1981, c. 286, § 5, emerg. eff. June 29, 1981.  

§262101.5.  Chairman and Vice Chairman of State Election Board to continue as members  Appointment of third member.

The Chairman and Vice Chairman of the State Election Board on the effective date of this act shall continue to serve as members of the State Election Board representing their respective political parties until their successors are appointed and qualified.  Within thirty (30) days after the effective date of this act, the Governor shall appoint the third member of the State Election Board in the manner prescribed for filling vacancies.

Laws 1981, c. 286, § 6, emerg. eff. June 29, 1981.  

§262101.6.  Secretary for State Election Board  Salary.

The Secretary of the Senate shall serve as Secretary of the State Election Board at a salary established annually by the Legislature.  However, the Secretary shall not be a member of the State Election Board.

Laws 1981, c. 286, § 7, emerg. eff. June 29, 1981.  

§262101.7.  Election of officers  Terms.

On the first Monday in April, 1983, and every four (4) years thereafter, the State Election Board shall meet upon the call of the Secretary to elect a Chairman and Vice Chairman. Terms of the Chairman, Vice Chairman and member shall begin at that time.

Laws 1981, c. 286, § 8, emerg. eff. June 29, 1981.  

§26-2-101.9.  Travel and expense.

Members of the State Election Board shall be paid Fifty Dollars ($50.00) per diem for each meeting for the purpose of conducting hearings required by law, and Thirty-five Dollars ($35.00) per diem for other meetings, and shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.

Added by Laws 1992, c. 247, § 1, emerg. eff. May 21, 1992.


§262106.  State Election Board duties.

The State Election Board shall perform such duties as may be prescribed by law.

Laws 1974, c. 153, § 2106, operative Jan. 1, 1975.  

§26-2-107.  Secretary's duties.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

The Secretary of the State Election Board shall be the administrative officer of the State Election Board and shall have general supervisory authority over county election boards and shall have the authority to provide administrative supervision to any county election board, as well as the authority to stand in the place of the secretary of the county election board for the purpose of employing county election board personnel when a vacancy exists in the office of the secretary of the county election board.  The Secretary shall have the authority to employ and fix the salaries and duties of such personnel as may be necessary to perform the duties of the State Election Board.  The Secretary may promulgate, repeal or modify such rules or regulations as the Secretary deems necessary to facilitate and assist in achieving and maintaining uniformity in the application, operation and interpretation of the state and federal election laws and a maximum degree of correctness, impartiality and efficiency in administration of the election laws; provided, however, that such rules or regulations, to be binding and effective, must have been officially adopted by the Secretary of the State Election Board; the procedure and adoption of such rules and regulations shall be subject to the provisions of the Administrative Procedures Act.  The Secretary shall promote and encourage voter registration and voter participation in elections.  The Secretary shall be the chief state election official responsible for coordination of state responsibilities under the National Voter Registration Act of 1993 and under the Help America Vote Act of 2002.  The Secretary shall have the authority to implement programs for confirmation of voter registration and for removal of ineligible voters in compliance with general Oklahoma election law and requirements of the National Voter Registration Act of 1993.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

The Secretary of the State Election Board shall be the administrative officer of the State Election Board and shall have general supervisory authority over county election boards and shall have the authority to provide administrative supervision to any county election board, as well as the authority to stand in the place of the secretary of the county election board for the purpose of employing county election board personnel when a vacancy exists in the office of the secretary of the county election board.  The Secretary shall have the authority to employ and fix the salaries and duties of such personnel as may be necessary to perform the duties of the State Election Board.  The Secretary may promulgate, repeal or modify such rules or regulations as the Secretary deems necessary to facilitate and assist in achieving and maintaining uniformity in the application, operation and interpretation of the state and federal election laws and a maximum degree of correctness, impartiality and efficiency in administration of the election laws; provided, however, that such rules or regulations, to be binding and effective, must have been officially adopted by the Secretary of the State Election Board; the procedure and adoption of such rules and regulations shall be subject to the provisions of the Administrative Procedures Act.  The Secretary shall promote and encourage voter registration and voter participation in elections.  The Secretary shall be the chief state election official responsible for coordination of state responsibilities under the National Voter Registration Act of 1993.  The Secretary shall have the authority to implement programs for confirmation of voter registration and for removal of ineligible voters in compliance with general Oklahoma election law and requirements of the National Voter Registration Act of 1993.

Added by Laws 1974, c. 153, § 2-107, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 2, emerg. eff. June 1, 1979; Laws 1992, c. 247, § 2, emerg. eff. May 21, 1992; Laws 1994, c. 260, § 1, eff. Jan. 1, 1995; Laws 2003, c. 485, § 2; Laws 2004, c. 545, § 2, eff. July 1, 2005.


§262107.1.  Contracts for inspections, training and other functions.

The Secretary of the State Election Board is hereby authorized to enter into contracts with the secretary, assistant secretary, chief clerk or other personnel of a county election board, or other persons with similar qualifications, for such purposes as conducting inspections of county election boards, training and other functions which he deems necessary.

Added by Laws 1986, c. 270, § 3, operative July 1, 1986.  

§262108.  Offices of State Election Board.

The State Election Board shall maintain an office or offices continuously in the seat of government.

Laws 1974, c. 153, § 2108, operative Jan. 1, 1975.  

§262109.  Maintenance of records  Records public.

The Secretary of the State Election Board shall maintain the records of the office, and such records shall be open for public inspection during regular office hours unless otherwise provided by law.

Laws 1974, c. 153, § 2109, operative Jan. 1, 1975.  

§262110.  County election boards  Number of members.

A county election board shall be appointed in each of the seventyseven counties of Oklahoma and shall be composed of three (3) members.

Laws 1974, c. 153, § 2110, operative Jan. 1, 1975.  

§26-2-111.  Appointment of members and alternates - Terms - Parties to submit nominations - Vacancies.

The State Election Board shall appoint two members of each county election board, and two alternates, to serve terms of four (4) years each.  No later than April 15, 1975, and every four (4) years thereafter, the county central committees of the two political parties with the largest number of registered voters in the state, based upon the latest January 15 registration report, shall each submit to the State Election Board a nominee for membership on the county election board and a nominee to serve as the alternate.  The nominations must be submitted in writing and signed by at least two members of each county central committee.  The State Election Board shall be confined to the nominees in making appointments, one from each party, to the county election board and one from each party to serve as the alternate.  The appointments shall be made no later than May 1, 1975, and every four (4) years thereafter.  If a county central committee fails to submit nominees by April 15, the State Election Board shall appoint a member and alternate to the county election board from the ranks of such party within the county.  Alternates shall serve on the county election board at any meeting that the member for whom the person is an alternate is unable to attend.  In the event of a vacancy, the State Election Board shall, within sixty (60) days after such vacancy occurs, appoint a member of the same party to fill the unexpired term, based on a nomination submitted by the party's county central committee in the manner hereinbefore provided within thirty (30) days after the vacancy occurs.  Should a county central committee fail to submit a nominee within the prescribed period of time, the State Election Board shall appoint a member of the county election board from the ranks of said party within the county.  Vacancies shall occur when a member fails to attend five consecutive meetings of the board or when a member changes the member's party affiliation.  It shall be the duty of the other two members of the board to notify the Secretary of the State Election Board should such vacancy occur.  Said vacancy shall be filled in the manner hereinbefore provided.

Added by Laws 1974, c. 153, § 2-111, operative Jan. 1, 1975.  Amended by Laws 1993, c. 316, § 3, eff. Sept. 1, 1993; Laws 2000, c. 358, § 3, eff. July 1, 2000.


§262111.1.  Secretaries of county election boards  Appointment  Terms.

The State Election Board shall appoint the secretary of each county election board for a term of two (2) years beginning May 1, 1983, and every two (2) years thereafter; provided, however, that on October 1, 1981, a secretary shall be appointed in each county for the balance of a term of two (2) years ending April 30, 1983.

Laws 1981, c. 329, § 8, emerg. eff. June 30, 1981.  

§262111.2.  Election of officers of county election boards.

On the first Monday in June, 1983, and every four (4) years thereafter, the county election board shall meet upon call of the secretary to elect a chairman and vice chairman.  The secretary can be elected neither chairman nor vice chairman but shall be a voting member of the county election board.

Laws 1981, c. 329, § 9, emerg. eff. June 30, 1981.  

§262112.  Secretary appointed by State Election Board.

The State Election Board shall appoint the secretary of each county election board.  The State Election Board shall have the authority to remove the secretary of any county election board at any time.

Laws 1974, c. 153, § 2112, operative Jan. 1, 1975.  

§262114.  Removal of chairman and vice chairman.

The State Election Board shall have the authority to remove any chairman or vice chairman of any county election board at any time.

Laws 1974, c. 153, § 2114, operative Jan. 1, 1975.  

§26-2-115.  Compensation of chair and vice-chair.

The chair and vice-chair of each county election board shall be paid Thirty-five Dollars ($35.00) per diem in lieu of subsistence for each meeting of the county election board and shall be allowed mileage reimbursement at the rate prescribed for travel by state employees.  The per diem and mileage reimbursement shall be paid by the State Election Board, except for meetings chargeable to other governmental units as provided by law; provided, the State Election Board shall not pay such reimbursement for more than forty meetings per fiscal year.

Added by Laws 1974, c. 153, § 2-115, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 2, emerg. eff. June 6, 1983; Laws 1988, c. 101, § 1, emerg. eff. April 1, 1988; Laws 2000, c. 358, § 4, eff. July 1, 2000.


§262116.  Duties of county election board.

The county election board shall perform such duties as may be prescribed by law.

Laws 1974, c. 153, § 2116, operative Jan. 1, 1975.  

§26-2-117.  Secretary's Duties - Appointment of assistant secretary and chief clerk - Compensation.

The secretary of the county election board shall be the administrative officer of the county election board and shall have general supervisory authority over the several precinct election boards within the county.  In counties having seventeen thousand five hundred or more registered voters, the secretary shall have the authority to employ and/or terminate an assistant secretary and such other employees as are necessary to perform the duties of the county election board.  In counties having fewer than seventeen thousand five hundred registered voters, the secretary shall employ a chief clerk and such other employees as are necessary to perform the duties of the county election board.  In the event a vacancy exists in the office of the secretary of the county election board, the Secretary of the State Election Board shall have the authority to stand in the place of the secretary of the county election board for the purpose of employing necessary county election board personnel.  The secretary shall be charged with the operational responsibilities of the board, including, but not limited to, supervision, defining job positions and responsibilities of the employees, preparation of the annual budget, preparation and filing of all reports, and the implementation of policy, findings and actions lawfully prescribed or determined by the county election board.  The minimum salary of the assistant secretary shall be equal to ninety percent (90%) of the scheduled salary of the secretary in the same county, but shall not exceed the salary of the highest salaried first or chief deputy or assistant to any county officer, excluding the under sheriff, in the same county.  The minimum salary of the chief clerk shall be equal to the hourly rate paid of the salary of the highest salaried first or chief deputy or assistant to any county officer in the same county, excluding the undersheriff, or ninety percent (90%) of the scheduled salary of the secretary in the same county, whichever is lower.  The salary limitation contained in this section shall not operate to reduce the salary of any person employed as an assistant secretary or chief clerk on May 1, 2003.  Salaries of additional personnel, including personnel employed temporarily, shall not exceed the salary of the assistant secretary or chief clerk and shall be comparable to salaries paid for the same positions in other offices within the county.  The salaries of the assistant secretary, chief clerk and other personnel shall be paid from county funds on a monthly basis.  In the event that the secretary, assistant secretary, chief clerk, or any other essential county election board employee must be away from work for a period of time due to personal illness, family illness, or family emergency, the county shall be required to fund compensation of appropriate temporary personnel during the employee's absence.

Added by Laws 1974, c. 153, § 2-117, operative Jan. 1, 1975.  Amended by Laws 2003, c. 485, § 3; Laws 2004, c. 307, § 1, emerg. eff. May 17, 2004.


§26-2-118.  Compensation of secretaries.

A.  The secretary of each county election board shall be paid an annual salary to be determined by the following schedule.  However, the salary of a county election board secretary shall not fall below the level of the April 30, 2003, salary, and the salary of any person who is reappointed to the position of county election board secretary shall not fall below the salary received in the immediately preceding term, regardless of the number of active registered voters in the county.  A county election board secretary serving on April 30, 2004, shall not receive a salary increase if said secretary is paid an amount greater than the salary indicated in this section according to the number of registered voters in said county.  A county election board secretary shall not receive a salary increase while the county is under the administrative supervision of the State Election Board.

Beginning May 1, 2003, the annual salary, payable monthly shall be:

Registered Voters Salary

  0 to 10,000 $ $21,588.28

  10,001 to 15,000 $ $22,388.28

  15,001 to 17,500 $ $26,252.45

  17,501 to 25,000 $ $29,429.93

  25,001 to 50,000 $ $35,846.94

  50,001 to 75,000 $ $45,174.66

  75,001 to 150,000 $ $50,611.26

150,001 or more $ $56,043.00

B.  The salary and fringe benefits paid to each secretary shall be paid from county funds on a monthly basis and shall be reimbursed from funds appropriated by the Legislature for that purpose at a rate of not to exceed one hundred thirty-five percent (135%) of the above-specified salaries.  Claims for said reimbursement shall be filed according to procedures prescribed by the Secretary of the State Election Board and approved by the Director of State Finance.  Said claims for reimbursement shall only be paid for actual expenditures made by the county.  The number of registered voters, for the purposes of this section, shall be determined by the number of registered voters, excluding inactive voters, in the county on January 1, 1979, and every two (2) years thereafter.

Added by Laws 1974, c. 153, § 2-118, operative Jan. 1, 1975.  Amended by Laws 1975, c. 103, § 1, emerg. eff. May 2, 1975; Laws 1976, c. 228, § 5, emerg. eff. June 15, 1976; Laws 1978, c. 232, § 1, eff. July 1, 1978; Laws 1979, c. 240, § 3, eff. July 1, 1979; Laws 1980, c. 306, § 2, emerg. eff. June 17, 1980; Laws 1981, c. 329, § 5, eff. July 1, 1981; Laws 1982, c. 298, § 4, emerg. eff. May 28, 1982; Laws 1985, c. 261, § 4, emerg. eff. July 15, 1985; Laws 1987, c. 203, § 50, operative July 1, 1987; Laws 1988, c. 247, § 7, operative July 1, 1988; Laws 1989, c. 369, § 38, operative July 1, 1989; Laws 1990, c. 264, § 46, operative July 1, 1990; Laws 1991, c. 299, § 7, operative July 1, 1991; Laws 1992, c. 332, § 4, eff. July 1, 1992; Laws 1995, c. 315, § 1, eff. July 1, 1995; Laws 1996, c. 57, § 2, eff. July 1, 1996; Laws 1997, c. 384, § 13, eff. July 1, 1997; Laws 2000, c. 37, § 9, eff. Oct. 1, 2000; Laws 2001, c. 381, § 24, eff. July 1, 2001; Laws 2002, c. 447, § 2, emerg. eff. June 5, 2002; Laws 2003, c. 154, § 1, emerg. eff. April 30, 2003; Laws 2005, c. 248, § 5, eff. July 1, 2005.


§262119.  Appropriations to county election boards.

In addition to the salary paid the secretary and assistant secretary of chief clerk, it shall be the mandatory duty of the county excise board to appropriate annually adequate funds for operating expenses of the county election board in the discharge of its duties and responsibilities.

Laws 1974, c. 153, § 2119, operative Jan. 1, 1975.  

§262121.  Offices of county election boards.

It shall be the mandatory duty of the county commissioners of each county to furnish, at county expense, in each county seat a suitable office for the county election board.  Said office shall provide adequate space for storage of election records and supplies, voting devices, ballot boxes and adequate space for the exercise of other functions required by law of the county election board and shall be equipped with suitable furniture and office equipment and a telephone.  Said office shall be convenient to the public, shall have furniture, furnishings and fixtures and other equipment comparable to other county offices within the county, and necessary to the operation of said office.

Laws 1974, c. 153, § 2121, operative Jan. 1, 1975; Laws 1991, c. 321, § 1, eff. March 1, 1992.


§26-2-122.  Maintenance of records - Records public.

The secretary of the county election board shall maintain the records of the office, and such records shall be open for public inspection during regular office hours unless otherwise provided by law.  The county election board office shall be open a minimum of  six (6) consecutive hours per day, excluding Saturdays, Sundays and holidays.  The hours open for all election boards shall include 11:30 a.m. through 1:00 p.m. each regular work day.

Added by Laws 1974, c. 153, § 2-122, operative Jan. 1, 1975.  Amended by Laws 1981, c. 329, § 7, emerg. eff. June 30, 1981; Laws 1995, c. 315, § 2, eff. July 1, 1995.


§262123.  Precinct election boards  Number of members.

Each precinct election board within each county shall be composed of three (3) members.

Laws 1974, c. 153, § 2123, operative Jan. 1, 1975.  

§26-2-124.  Judge and clerk appointed by County Election Board - Terms - Parties to submit lists - Vacancies.

The county election board shall appoint two members of each precinct election board, to serve terms of four (4) years each.  No later than June 15, 1975, and every four (4) years thereafter, the county central committees of the two parties with the highest number of registered voters in the state, based on the latest January 15 registration report, shall submit a list of three nominees for each precinct to the county election board.  The county election board shall be confined to the list of nominees submitted by either party and shall appoint one member of each precinct election board from each party no later than July 1, 1975, and every four (4) years thereafter.  If no list is submitted by a county central committee for any precinct by the specified date, or if the nominees for a precinct are unable to serve, then the county election board shall appoint one member of said precinct election board from the ranks of said party within the precinct.  Terms shall begin July 1, 1975, and every four (4) years thereafter.  In the event of a vacancy, the county election board shall fill the unexpired term from the last list previously submitted by the county central committee.  If there is no prior list, then the vacancy shall be filled from within the ranks of the same party within the affected county.  The county election board shall designate one member as judge and the other as clerk for each precinct.

Added by Laws 1974, c. 153, § 2-124, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 4, emerg. eff. June 1, 1979; Laws 1998, c. 357, § 4, eff. Jan. 1, 1999.


§262125.  Inspector appointed by county election board.

Each county election board shall appoint the inspector for each precinct election board within the county.  The board shall have the authority to remove any inspector in the county at any time.

Laws 1974, c. 153, § 2125, operative Jan. 1, 1975. d

§262126.  Inspector's duties.

The inspector shall be the principal administrative officer of the precinct election board.

Laws 1974, c. 153, § 2126, operative Jan. 1, 1975.  

§262127.  Duties of precinct election boards.

The precinct election board shall perform such duties as may be prescribed by law.

Laws 1974, c. 153, § 2127, operative Jan. 1, 1975.  

§262128.  Appointment of counters.

Counters for each precinct in each county shall be appointed by the county election board only as authorized by the State Election Board for any election.  Insofar as is possible, no more than onehalf (1/2) of the counters in any precinct shall be members of the same party.

Laws 1974, c. 153, § 2128, operative Jan. 1, 1975.  

§262128.1.  Additional precinct election board members.

In anticipation of large numbers of voters in specific precincts at any election, the Secretary of the State Election Board may authorize the secretary of any county election board to appoint additional precinct election board members, in multiples of three, to assist the regular precinct election officials in processing voters.  The Secretary of the State Election Board shall prescribe procedures to be used in such cases.

Added by Laws 1985, c. 193, § 9, eff. Nov. 1, 1985. d

§26-2-128.2.  Additional workers.

When authorized by the Secretary of the State Election Board, the secretary of the county election board may employ additional precinct board employees to assist the precinct election board members with specific tasks.  Such additional workers, when authorized and employed, shall be compensated at the same rate as the judge and clerk.

Added by Laws 2003, c. 485, § 4.


§26-2-129.  Compensation of inspectors, judges, clerks and counters.

The inspector shall be paid Ninety-five Dollars ($95.00) for each election and shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act for mileage incurred to receive or return ballots and materials for the election.  Judges, clerks and counters shall be paid Eighty-five Dollars ($85.00) for each election.  Precinct officials assigned to work a polling place ten (10) miles or more from their home, shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act for mileage incurred from their home to and from their assigned polling place.  An additional Two Dollars ($2.00) per election shall be paid to each inspector, judge, clerk and counter of a precinct from the funds of the county.  Compensation provided herein shall be paid for any state, county, municipal or school district election; provided, however, that compensation for elections conducted concurrently shall not exceed in total the amount herein prescribed.  Said compensation shall be paid by the State Election Board for all regular Primary, Runoff Primary and General Elections, all statewide special elections and all special elections for United States Representatives or United States Senators and State Senators or State Representatives.

Added by Laws 1974, c. 153, § 2-129, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 5, eff. July 1, 1980; Laws 1981, c. 286, § 1, eff. July 1, 1981; Laws 1995, c. 315, § 3, eff. July 1, 1995; Laws 1998, c. 357, § 5, eff. Jan. 1, 1999; Laws 2000, c. 358, § 5, eff. July 1, 2000; Laws 2005, c. 248, § 6, eff. July 1, 2005.


§262130.  Removal of judges, clerks and counters.

The county election board shall have the authority to remove any precinct judge, clerk or counter at any time.

Laws 1974, c. 153, § 2130, operative Jan. 1, 1975. d

§26-2-131.  Eligibility for membership on county and precinct election boards.

To be eligible for membership on a county or precinct election board, one must be a registered voter of the county in which he will serve and demonstrate competence to perform his duties.  Persons thus qualified and appointed shall be trained in their duties in a manner prescribed by the Secretary of the State Election Board.

Added by Laws 1974, c. 153, § 2-131, operative Jan. 1, 1975.  Amended by Laws 1976, c. 90, § 1, emerg. eff. May 6, 1976; Laws 1995, c. 290, § 1, eff. Nov. 1, 1995; Laws 1997, c. 176, § 1, eff. Nov. 1, 1997.


§26-2-132.  Disqualification of board members.

No person shall serve on a county election board, precinct election board or absentee voting board at any election in which he or she is a candidate for office, or is a deputy or regular employee of a candidate for office.  No person shall serve on a precinct election board or absentee voting board at any election in which he or she is related within the third degree by either consanguinity or affinity to a candidate for office on the ballot in the precinct.  In the event a member of a precinct election board is disqualified for one of the aforementioned reasons, it shall be the duty of the secretary of the county election board to appoint a suitable replacement for the official for said election.  Any person so disqualified shall resign the office or position no later than ten (10) days following the close of the filing period during which such candidacy was filed.

A member of the county election board shall not participate in or carry out any duties or functions associated with the office during the actual conduct of a contest of candidacy or recount if the  member is related within the third degree by either consanguinity or affinity to a candidate who is the petitioner or contestee in the contest of candidacy or who is a candidate in an election being recounted.  In the event of such a contest or recount, the alternate for the member shall carry out the duties of the office during the actual conduct of the contest of candidacy or recount.  The Secretary of the State Election Board shall appoint a replacement for the secretary to carry out the duties or functions of the office, including voting as a member of the county election board, during the actual conduct of the contest of candidacy or recount.

Added by Laws 1974, c. 153, § 2-132, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 3, emerg. eff. June 6, 1983; Laws 1993, c. 316, § 5, eff. Sept. 1, 1993; Laws 1994, c. 55, § 1, eff. Sept. 1, 1994; Laws 1995, c. 290, § 2, eff. Nov. 1, 1995; Laws 1997, c. 176, § 2, eff. Nov. 1, 1997.


§262133.  Legal defense services.

A.  The members of the State Election Board and all persons employed within the organizational framework of the State Election Board shall be entitled to free defense services by the Attorney General in any civil suit resulting from alleged acts or omissions which the Attorney General has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the State Election Board and the state.

B.  All members of county election boards and all persons employed or appointed within the organizational framework of county election boards, including members of precinct election boards, shall be entitled to free defense services by the district attorney in any civil suit resulting from alleged acts or omissions which the district attorney has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the county election board, the county and the state.

C.  The fact that the Attorney General or district attorney omits to provide such defense as provided within this act shall not be admissible in any such civil suit and any mention of such fact shall be deemed grounds for mistrial.

Laws 1976, c. 90, § 6, emerg. eff. May 6, 1976; Laws 1994, c. 260, § 2, eff. Jan. 1, 1995.


§26-3-101.  Elections to be on Tuesdays - Scheduling of special elections - State holidays.

A.  No election required to be conducted by any county election board shall be scheduled for a day other than Tuesday.

B.  Except as otherwise provided by law, no special election shall be held by any county, school district, technology center school district, municipality or other entity authorized to call elections except 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 and the second Tuesday of January, February, May, and December, the first Tuesday in March and April, the last Tuesday in July, the fourth Tuesday in August, and the first Tuesday after the first Monday in November of any even-numbered year; except in any year when a Presidential Preferential Primary Election is held in February, the date for the special elections shall be the same date as the Presidential Preferential Primary Election.

C.  In the event that a regular or special election date occurs on an official state holiday, the election shall be scheduled for the next following Tuesday.

Added by Laws 1974, c. 153, § 3-101, operative Jan. 1, 1975.  Amended by Laws 1991, c. 129, § 1, eff. April 1, 1992; Laws 1992, c. 247, § 3, emerg. eff. May 21, 1992; Laws 1997, c. 176, § 3, eff. Nov. 1, 1997; Laws 2001, c. 33, § 23, eff. July 1, 2001; Laws 2003, c. 485, § 5; Laws 2005, c. 224, § 1, eff. July 1, 2005.


§26-3-101.1.  Oklahoma Election Management System defined.

As used in this title, Oklahoma Election Management System shall mean the computers and computer data maintained and operated by the State Election Board and the county election boards.

Added by Laws 1990, c. 331, § 2, eff. July 1, 1990.


§263102.  Forms provided by State Election Board.

All forms required by law for state and county elections, except such forms as are applicable only to county elections, shall be provided by the State Election Board.

Laws 1974, c. 153, § 3102, operative Jan. 1, 1975.  

§263103.  Registration forms provided by State Election Board.

Forms required for implementation of registration and election laws shall be prescribed by the Secretary of the State Election Board of a uniform character suitable for the voting system in use.

Laws 1974, c. 153, § 3103, operative Jan. 1, 1975.  

§26-3-104.  Costs - Payment from county or state funds.

The cost of rent for polling places, absentee ballot boxes, locks and keys, voting booths and United States flags shall be paid from county funds.  The costs of notice and acknowledgement mailings as required in Sections 8 and 14 of this act shall be paid from county funds.  The cost of central registries, maps and other materials required to be maintained by the county election board shall be paid from county funds.  The cost of other supplies necessary for the conduct of state elections shall be paid from state funds.  The purchase and maintenance of computer hardware, software, voting devices and related supplies used in the Oklahoma Election Management System shall be paid from state funds.  The cost of confirmation mailings required in Section 21 of this act shall be paid from state funds.

Added by Laws 1974, c. 153, § 3-104, operative Jan. 1, 1975.  Amended by Laws 1990, c. 331, § 3, eff. July 1, 1990; Laws 1991, c. 321, § 2, eff. March 1, 1992; Laws 1994, c. 260, § 3, eff. Jan. 1, 1995.


§263105.  Costs of county elections.

All costs for any county election not held concurrently with a state election shall be paid from county funds.

Laws 1974, c. 153, § 3105, operative Jan. 1, 1975.  

§26-3-105.1.  Election personnel - Compensation and benefits - Election expenses.

A.  When any county, municipality, school district or other governmental entity authorizes an election to be conducted by the county election board, the secretary of the county election board shall, not less than thirty-five (35) days prior to the election, submit to the governmental entity for whom the election is authorized:

1.  An itemized estimate of the number of precinct inspectors, judges, clerks, and absentee voting board members necessary for the election; and

2.  An estimate of the compensation and employer's share of any benefits to be provided to each precinct inspector, judge, clerk, and absentee voting board member.

B.  Not less than fifteen (15) days prior to the election, the county, municipality, school district or other governmental entity authorizing the election shall submit to the secretary of the county election board an amount of funds equal to the estimate of compensation and benefits for precinct inspectors, judges, clerks, and absentee voting board members as provided in subsection A of this section.  If such amount is not submitted ten (10) days prior to the election, the secretary of the county election board shall not be required to hold the election.  Upon receipt of the funds, the secretary of the county election board shall deposit the funds in the County Election Board Special Depository Account.

C.  The secretary of the county election board shall issue vouchers for the compensation and benefits of precinct inspectors, judges, clerks, and absentee voting board members from the County Election Board Special Depository Account, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes.  The secretary of the county election board shall provide the vouchers to the precinct inspector, except the voucher for the inspector and absentee voting board members, at the time the inspector receives supplies and ballots for the election.  The vouchers shall be distributed to the appropriate precinct judges and clerks upon closing of the polls on the day of the election and to absentee voting board members upon completion of their prescribed duties, according to procedures to be prescribed by the Secretary of the State Election Board.  Each precinct inspector, judge or clerk shall sign a form prescribed by the Secretary of the State Election Board acknowledging receipt of compensation and benefits.  The inspector shall return the form, together with any unclaimed vouchers, to the county election board, together with the results of the election and other supplies and materials.  At such time, the secretary of the county election board shall provide a voucher for payment to the inspector.  The secretary of the county election board shall return any unclaimed vouchers to the county treasurer within seven (7) days after the election.  If any additional vouchers for compensation and benefits are required, the secretary of the county election board shall issue such vouchers not less than seven (7) days after the election.  In no event shall compensation be made until after services have been rendered.

D.  As soon as practicable after conducting an election for a municipality, school district, or other governmental entity, except the state or county, the secretary of the county election board shall submit a claim to the governing body of the entity for whom the election was conducted.  The claim shall itemize all expenses associated with the election, and shall deduct any amount paid by the municipality, school district or other governmental entity for the compensation and employer's share of any benefits provided to precinct inspectors, judges, clerks, and absentee voting board members pursuant to the provisions of subsection B of this section.  Upon receipt of such itemized claim, the governing body shall make payment to the county election board within thirty (30) days.  Upon receipt of the payment, the secretary of the county election board shall deposit the payment in the County Election Board Special Depository Account.  The secretary shall disburse payments for the expenses incurred in the election, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes.

E.  The State Election Board shall provide the compensation and employer's share of benefits for precinct inspectors, judges, clerks, and absentee voting board members in the payment made to the respective counties for elections for which said precinct inspectors, judges, clerks, and absentee voting board members are paid by the State Election Board, in the same manner as provided in subsections A and B of this section.  For the foregoing elections, the county shall place in the County Election Board Special Depository Account an amount of funds equal to Two Dollars ($2.00) for each inspector, judge, and clerk at each election in the same manner as provided in subsections A and B of this section.  The Secretary of the State Election Board shall prescribe a procedure by which the State Election Board or the county shall be reimbursed for any overpayment made to a county election board for compensation and employer's share of benefits paid to precinct inspectors, judges, clerks, and absentee voting board members.

Added by Laws 1984, c. 210, § 4, operative Jan. 1, 1985.  Amended by Laws 1986, c. 1, § 1, eff. July 1, 1986; Laws 1995, c. 290, § 3, eff. Nov. 1, 1995; Laws 1998, c. 357, § 6, eff. Jan. 1, 1999; Laws 1999, c. 88, § 3, emerg. eff. April 13, 1999.


§263105.2.  Distribution of vouchers by mail.

In lieu of the procedure for distribution of vouchers for precinct inspectors, judges, clerks, and absentee voting board members provided in Section 3-105.1 of this title, the secretary of the county election board may distribute the vouchers by United States mail.  When vouchers are distributed by United States mail, the vouchers shall be distributed by mailing no later than the Tuesday next succeeding the day of the election.

Added by Laws 1988, c. 101, § 3, emerg. eff. April 1, 1988.  Amended by Laws 1995, c. 290, § 4, eff. Nov. 1, 1995; Laws 1998, c. 357, § 7, eff. Jan. 1, 1999.


§26-3-106.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§263107.  State Election Board Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Election Board to be designated "The State Election Board Revolving Fund."  The fund shall consist of monies received by the State Election Board pursuant to statutory provisions, but not including appropriated funds.  The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Secretary of the State Election Board.  Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Board without legislative appropriation.  Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Board and approved for payment by the Director of State Finance.

Laws 1974, c. 153, § 3107, operative Jan. 1, 1975; Laws 1979, c. 47, § 11, emerg. eff. April 9, 1979.  

§26-3-107.1.  State Election Board System Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma State Election Board to be designated the "State Election Board Election System Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received from federal payments unless otherwise provided by federal law or regulation, or any other source.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Election Board for authorized purposes.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 2003, c. 155, § 2, emerg. eff. April 30, 2003.


§26-3-107.2.  State Election Board Help America Vote Act Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma State Election Board to be designated the "State Election Board Help America Vote Act Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received from federal grants related to the Help America Vote Act of 2002 unless otherwise provided by federal law or regulation, or any other source.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Election Board for authorized purposes.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 2003, c. 155, § 3, emerg. eff. April 30, 2003.


§26-3-108.  County Election Board Special Depository Account.

A special depository account, to be designated "County Election Board Special Depository Account", shall be used in each county for receipt and disbursement of monies received by said county election board pursuant to statutory provisions, but not including appropriated funds.  The special depository account shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the secretary of the county election board.  Said special depository account shall be established and administered pursuant to Section 68l et seq. of Title 19 of the Oklahoma Statutes.  Expenditures of forfeited filing fees from said fund may be made by the secretary of the county election board for any lawful purpose.

Added by Laws 1974, c. 153, § 3-108, operative Jan. 1, 1975.  Amended by Laws 1997, c. 176, § 4, eff. Nov. 1, 1997.


§26-3-108.1.  Reimbursement of State Election Board for computer supplies.

County election boards are authorized to reimburse the State Election Board for computer supplies consumed for the benefit of schools, municipalities and other local entities for the conduct of the local elections.  Such reimbursement shall be deposited in the State Election Board Revolving Fund.

Added by Laws 1992, c. 247, § 4, emerg. eff. May 21, 1992.


§263109.  Training for county election board personnel.

Prior to the General Election of 1976, and every two (2) years thereafter, the Secretary of the State Election Board shall cause to be conducted a training program for the members and employees of each county election board.  The Secretary of the State Election Board shall cause regular inspections to be made of each county election board to achieve uniformity in administration of the election laws.

Laws 1974, c. 153, § 3109, operative Jan. 1, 1975.  

§263110.  Reimbursement for training.

The Secretary of the State Election Board shall be authorized to conduct a statewide or regional training program for members and employees of county election boards, in which event said members and employees shall be paid, from state funds, reimbursement for expenses at the rate provided by the State Travel Reimbursement Act.

Laws 1974, c. 153, § 3110, operative Jan. 1, 1975; Laws 1979, c. 240, § 6, emerg. eff. June 1, 1979.  

§26-3-111.  Training for precinct election board and voter registration personnel.

In each even-numbered year, the Secretary of the State Election Board shall cause to be conducted a training program in each county for precinct inspectors, judges, and clerks.  Persons attending such training programs shall be paid Twenty-five Dollars ($25.00) by the state, after completing such training, through a procedure prescribed by the Secretary of the State Election Board that conforms as nearly as practicable with Section 3-105.1 of this title and shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act to be paid from county funds.  The Secretary shall prescribe procedures for training of motor license agents, officials of voter registration agencies and others responsible for voter registration activities.

Added by Laws 1974, c. 153, § 3-111, operative Jan. 1, 1975.  Amended by Laws 1994, c. 260, § 4, eff. Jan. 1, 1995; Laws 2000, c. 358, § 6, eff. July 1, 2000.


§263112.  Precinct election board instruction booklets.

The Secretary of the State Election Board, for each statewide election, shall cause each precinct election board to be provided with a booklet of instructions for conducting the election.

Laws 1974, c. 153, § 3112, operative Jan. 1, 1975.  

§26-3-113.  Instructions to voters.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Instructions to voters describing the manner for casting one's vote shall be posted outside each polling place and inside each voting booth.  Said instructions shall be prescribed by the Secretary of the State Election Board and shall include all information required by federal or state law.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Instructions to voters describing the manner for casting one's vote shall be posted outside each polling place and inside each voting booth.  Said instructions shall be prescribed by the Secretary of the State Election Board.

Added by Laws 1974, c. 153, § 3-113, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 3, eff. March 1, 1992; Laws 2004, c. 545, § 3, eff. July 1, 2005.


§263114.  Public information.

It shall be the duty of the secretary of each county election board to disseminate information about voter registration, the dates and time of elections, locations of polling places, and other data as he deems necessary to inform the general public of same.  Sample ballots shall be made available to the general public.

Laws 1974, c. 153, § 3114, operative Jan. 1, 1975; Laws 1994, c. 260, § 5, eff. Jan. 1, 1995.


§263115.  Establishment of precincts  Map of precinct required.

It shall be the duty of each county election board to establish boundaries for voting precincts in the county.  A large map showing said precincts shall be maintained in the county election board office at all times.

Laws 1974, c. 153, § 3115, operative Jan. 1, 1975.  

§263116.  Precinct boundaries.

A.  The boundary line of any precinct shall not cross the boundary line of any district court judicial district electoral division or any congressional, legislative or county commissioner district.

B.  Boundaries of all precincts shall enclose a contiguous area and follow clearly visible, definable and observable physical boundaries which are based upon criteria established and recognized by the Bureau of the Census of the United States Department of Commerce for purposes of defining census blocks for its decennial census, provided that no municipal boundary that is not such a visible, definable and observable physical boundary shall be used as a precinct boundary.

Laws 1974, c. 153, § 3116, operative Jan. 1, 1975; Laws 1979, c. 240, § 7, emerg. eff. June 1, 1979; Laws 1990, c. 213, § 2, emerg. eff. May 18, 1990; Laws 1993, c. 362, § 8, eff. Sept. 1, 1993.


§263117.  Precincts within municipalities.

If the governing board of any municipality requests in writing that precinct boundaries be altered to conform to ward boundaries of said municipality, the county election board may, at its discretion, make such alterations if such alterations conform to the requirements contained in Sections 3-116 and 3-118 of this title; provided, however, that all expenses incurred in making such alterations shall be paid by the municipality.

Laws 1974, c. 153, § 3117, operative Jan. 1, 1975.  Amended by Laws 1990, c. 213, § 3, emerg. eff. May 18, 1990.


§263118.  Changes in precincts  Notice  Transfer of affected voters' registration.

The county election board in each county may change the boundaries of, abolish or consolidate any precinct, subject to the limitations provided by law, by observing the following procedure:

1.  No precinct shall be created, divided, abolished or consolidated, or any boundary otherwise changed between January 1 of any year which last digit is nine and December 31 of any year which last digit is zero.

2.  After January 1, 1992, a county election board shall only change a precinct by dividing or consolidating a precinct into two or more precincts in a manner which will conform to designated census geography except when it becomes necessary for reasons of a lack of an adequate available polling place, or when road conditions hinder or impede a voter's ability to vote, or to accomplish reapportionment, it becomes necessary to consolidate a part of a precinct with adjacent precincts, a part or parts may be consolidated.

3.  Changes may not become effective until notices of such changes have been posted and mailed as provided in this paragraph for thirty (30) days.  One notice shall be posted at the door of the polling place for the affected precinct, one notice posted at the door of the county courthouse and one notice shall be mailed to the State Election Board.

4.  The registration of each registered voter affected by such change shall be transferred as provided by law by the secretary of the county election board without any request from said voter.

5.  Each registered voter whose registration is transferred as hereinbefore provided shall be notified of such transfer in writing by the secretary of the county election board.  At the same time, the voter shall be issued a new voter identification card and shall be instructed to destroy his former voter identification card.

Laws 1974, c. 153, § 3118, operative Jan. 1, 1975.  Amended by Laws 1990, c. 213, § 4, emerg. eff. May 18, 1990.


§26-3-118.1.  Changes in precincts prohibited pending reapportionment - Deadline for changes following reapportionment.

A.  Beginning on the effective date of this act, and until the enactment of the 1991 legislative apportionment, the county election board in each county shall not change the boundaries of, abolish or consolidate any precinct or subprecincts.

B.  By March 1, 1992, the county election board in each county shall have changed the boundary of any precinct or subprecinct to comply with Section 3-116 of Title 26 of the Oklahoma Statutes.

Added by Laws 1990, c. 213, § 5, emerg. eff. May 18, 1990.  Repealer by Laws 1990, c. 213, § 6, as amended by Laws 1991, c. 311, § 1, will be effective October 1, 1992.


§26-3-119.  Creation of subprecincts.

A.  Except as provided in subsection B of this section, if fewer than two hundred registered voters are affected, an area constituting the maximum area possible without crossing boundaries of any district court judicial district electoral division or any congressional, legislative or county commissioner district may be designated as a subprecinct.

B.  In metropolitan statistical areas, if fewer than three hundred registered voters are affected, an area constituting the maximum area possible without crossing boundaries of any district court judicial district electoral division or any congressional, legislative or county commissioner district may be designated as a subprecinct.

C.  Registration records shall be maintained for subprecincts in like manner as for other precincts.  Subprecincts need not have a polling place separate from another precinct, nor shall they be required to have a precinct election board.  The secretary of the county election board may authorize registered voters of a subprecinct to vote at a specific adjacent precinct.  Provided, separate election materials shall be there afforded for the subprecinct in order that a separate certification will be made of the subprecinct's election results.  Appropriate ballots shall be issued to the voters of the subprecinct.

Added by Laws 1974, c. 153, § 3-119, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 8, emerg. eff. June 1, 1979; Laws 1991, c. 321, § 4, eff. March 1, 1992; Laws 1993, c. 362, § 9, eff. Sept. 1, 1993; Laws 2004, c. 545, § 4, eff. July 1, 2005; Laws 2005, c. 1, § 20, eff. July 1, 2005.


NOTE:  Laws 2004, c. 307, § 2 repealed by Laws 2005, c. 1, § 21, eff. July 1, 2005.


§263120.  Polling places  Tort liability.

Except as otherwise provided for by law, there shall be one (1) polling place for each precinct, said polling place to be located within the geographic boundaries of such precinct.  The State Election Board shall be authorized to adopt rules and regulations providing exceptions to the aforesaid requirement.  Persons, businesses, churches and any other nongovernmental entities providing space for use as a polling place shall not be held liable for any torts arising from any incident occurring in such space during the period when such space is used as a polling place.

Laws 1974, c. 153, § 3120, operative Jan. 1, 1975; Laws 1979, c. 240, § 9, emerg. eff. June 1, 1979; Laws 1981, c. 296, § 1, eff. July 1, 1981; Laws 1992, c. 346, § 1, eff. Sept. 1, 1992.


§263121.  Voting devices - Ballot boxes.

There shall be one voting device and ballot box for each precinct.  Each voting device shall be equipped with an opening through which a ballot may be inserted, counted and deposited into an attached ballot box which must be constructed in such a manner that the box must be unlocked before the ballots can be removed.

Laws 1974, c. 153, § 3121, operative Jan. 1, 1975; Laws 1991, c. 321, § 5, eff. March 1, 1992.


§26-3-121.1.  Repealed by Laws 1995, c. 290, § 18, eff. Nov. 1, 1995.

§263122.  Voting booths.

The secretary of the county election board shall cause at least two voting booths to be provided in each precinct.  Said booths shall contain a counter or shelf and shall be constructed in such a manner that a member of the precinct election board can determine whether more than one person is in the booth, but in such a manner as to insure secrecy by the voter in marking his ballots.

Laws 1974, c. 153, § 3122, operative Jan. 1, 1975. d

§263123.  Boards to provide polling places.

The board of education of any school district, and the governing board of any municipality, shall furnish a room or rooms in any school building or municipal building for use as a polling place at no cost.

Laws 1974, c. 153, § 2123, operative Jan. 1, 1975.  

§263124.  Official seals.

The State Election Board and each county election board shall have official seals, which seals shall be affixed to Certificates of Election and other official acts of said Board.  Each board shall maintain written minutes of all official acts of said board, and such minutes shall be public record.

Laws 1974, c. 153, § 3124, operative Jan. 1, 1975.  

§263125.  Oaths of office.

All persons appointed as members of the State Election Board or a county election board shall, before entering upon the duties of their offices, take and subscribe to the oath of office prescribed by the Constitution for state and county officers.  Said oaths shall be retained in the office of the Clerk of the Supreme Court, with regard to members of the State Election Board, and in the office of the county clerk, with regard to members of a county election board. Laws 1974, c. 153, § 3125, operative Jan. 1, 1975.  

§263126.  Maintenance of records.

Records required to be maintained by the State Election Board or any county election board in the performance of their duties shall be retained for a period of twenty-four (24) months, unless otherwise provided by law.  However, the State Election Board and county election boards shall continuously maintain records of all official acts and certifications made by such boards.

Added by Laws 1974, c. 153, § 3-126, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 4, emerg. eff. June 6, 1983; Laws 1994, c. 260, § 6, eff. Jan. 1, 1995.


§263127.  Maintenance of election results.

The State Election Board, with regard to elections certified by same, and the county election boards, with regard to elections certified by same, shall retain permanently results of said elections by precinct.

Laws 1974, c. 153, § 3127, operative Jan. 1, 1975. d

§26-3-128.  Repealed by Laws 1990, c. 331, § 21, emerg. eff. May 31, 1990.

§263129.  Publication of state directory and other materials.

The Secretary of the State Election Board is authorized to publish the Roster of State and County Officials, along with election results and statistics, lists of candidates filing for office and such other publications as he deems necessary for the discharge of his duties.

Laws 1974, c. 153, § 3129, operative Jan. 1, 1975; Laws 1981, c. 329, § 6, emerg. eff. June 30, 1981.


§26-4-101.  Persons entitled to become registered voters  Exceptions.

Every person who is a qualified elector as defined by Section 1 of Article III of the Oklahoma Constitution shall be entitled to become a registered voter in the precinct of his residence, with the following exceptions:

1.  Persons convicted of a felony shall be ineligible to register for a period of time equal to the time prescribed in the judgment and sentence.

2.  Any person who has been adjudged to be an incapacitated person as such term is defined by Section 1111 of Title 30 of the Oklahoma Statutes, shall be ineligible to register to vote.  When such incapacitated person has been adjudged to be no longer incapacitated such person shall be eligible to become a registered voter.  The provisions of this paragraph shall not prohibit any person adjudged to be a partially incapacitated person as such term is defined by Section 1111 of Title 30 of the Oklahoma Statutes from being eligible to register to vote unless the order adjudging the person to be partially incapacitated restricts such persons from being eligible to register to vote.

Added by Laws 1974, c. 75, § 1, emerg. eff. April 19, 1974.  Renumbered from § 93.31 of this title by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1979, c. 240, § 11, emerg. eff. June 1, 1979; Laws 1989, c. 174, § 1, eff. Nov. 1, 1989; Laws 2002, c. 447, § 3, eff. July 1, 2003.


§264102.  Registration required.

No person shall be permitted to vote in any election conducted by any county election board unless such person is a registered voter, unless otherwise provided by law.

Laws 1974, c. 75, § 2, emerg. eff. April 19, 1974; Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  

§26-4-103.  Persons who will become qualified electors - Time for registration.

Any person who will become a qualified elector during the sixty (60) days before the next ensuing election at which he could vote shall be entitled to become a registered voter of the precinct of his or her residence not more than sixty (60) and not less than twenty-four (24) days prior to said election.

Added by Laws 1974, c. 75, § 3, emerg. eff. April 19, 1974.  Renumbered from § 93.33 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1994, c. 260, § 7, eff. Jan. 1, 1995; Laws 1997, c. 176, § 5, eff. Nov. 1, 1997.


§26-4-103.1.  Procedure to register or update registration.

A.  A qualified elector may apply to register to vote or update a registration to vote by:

1.  Delivering by mail or otherwise a completed voter registration application to the State Election Board or any county election board;

2.  Completing a voter registration application in person with any official of an agency described in Section 10 of this act; or

3.  Completing a voter registration application in person as part of an application for issuance, renewal or change of address for a driver's license or issuance of a state identification card issued pursuant to Section 6-105 of Title 47 of the Oklahoma Statutes with a designated representative of the Department of Public Safety.

B.  The secretary of the county election board for the county of the applicant's residence shall send to each applicant by nonforwardable, first-class United States mail a notice of the disposition of the application.  Notice mailing costs shall be paid by the county.

Added by Laws 1994, c. 260, § 8, eff. Jan. 1, 1995.


§264104.  Time and place of registration.

The secretary of each county election board and his assistant secretary and other designated employees shall be authorized to register voters at any place within the county during the time prescribed by law.

Laws 1974, c. 75, § 4, emerg. eff. April 19, 1974; Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976; Laws 1979, c. 240, § 12, emerg. eff. June 1, 1979. d

§26-4-105.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-105.1.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-106.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-107.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-108.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§264109.  Locations.

The Secretary of the State Election Board shall designate locations where voter registration applications will be available for distribution.  The secretary of each county election board may, with approval of the Secretary of the State Election Board, designate additional locations where voter registration applications will be available for distribution.  Preference shall be given to public libraries, public buildings and other locations where large numbers of potential voters may be located.  Particular emphasis shall be placed on making voter registration applications available for organized voter registration programs.

Added by Laws 1974, c. 75, § 9, emerg. eff. April 19, 1974.  Renumbered from § 93.39 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1992, c. 247, § 5, emerg. eff. May 21, 1992; Laws 1994, c. 260, § 9, eff. Jan. 1, 1995.


§26-4-109.1.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-109.2.  Voter registration agencies.

A.  The Secretary of the State Election Board shall designate offices in the state which provide public assistance, offices in the state that provide state-funded programs primarily engaged in providing services to persons with disabilities as voter registration agencies.  The Secretary shall identify certain other agencies of state and local government and, with their agreement, of federal and nongovernmental entities as optional voter registration agencies where voter registration services prescribed by the Secretary shall be available.  Recruitment offices of the Armed Forces of the United States and offices of the county election boards shall be voter registration agencies.

B.  Each designated voter registration agency shall, with each application for service or assistance and with each recertification, renewal or change of address form relating to the service or assistance of voter registration:

1.  Provide a voter registration application which may include all statements and declination form required under the National Voter Registration Act of 1993.

2.  Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance.

3.  Require each applicant either to complete a voter registration application or to sign a declination form.

C.  No information relating to a declination to register to vote in connection with an application made at an office designated a voter registration agency may be used for any purpose other than voter registration.

D.  Declination forms signed by each applicant shall be retained by designated voter registration agencies for twenty-four (24) months from the date of the declination.

E.  The identity of a voter registration agency through which a particular voter registered may not be disclosed to the public.

F.  Optional voter registration agencies where voter registration services prescribed by the Secretary shall be available, shall provide such services during regular business hours of the agency during the time prescribed by law for making such transactions.

G.  Voter registration agencies which are not county election boards shall transmit all completed voter registration applications at the close of business each week to the State Election Board in preaddressed, postage prepaid envelopes provided by the State Election Board.

Added by Laws 1994, c. 260, § 10, eff. Jan. 1, 1995.


§26-4-109.3.  Motor vehicle licensing agencies - Voter registration.

A.  When a qualified elector applies for issuance or renewal of an Oklahoma driver's license, or issuance of a state identification card issued pursuant to Section 6-105 of Title 47 of the Oklahoma Statutes, or for a change of address for driver's license purposes, the person shall be asked if he or she wishes to register to vote or to change his or her address for voting purposes.  If the person wishes to register to vote or to change his or her address for voting purposes, the person shall be given a voter registration application which should be completed and signed by the applicant and returned to the official of the motor license agency.  If the person declines, he or she shall be given a declination statement with the application form prescribed by the Secretary of the State Election Board which shall be retained by the motor license agency or designated representative of the Department of Public Safety for twenty-four (24) months.  All completed voter registration applications shall be transmitted by the motor license agent at the close of business each week to the State Election Board in preaddressed, postage prepaid envelopes provided by the State Election Board.  If a person registers or declines to register to vote, the office at which the person submits the voter registration application or the fact that the person declined to register shall remain confidential and will be used only for voter registration purposes.

B.  Motor license agents shall receive fifty cents ($0.50) per valid voter registration application or application for change in voter registration taken by themselves and employees of the motor license agent's office taken at the agent's office, payable by the State Election Board.

C.  The Oklahoma Tax Commission shall notify the Secretary of the State Election Board of motor license agent appointments.  The Oklahoma Department of Public Safety shall notify the Secretary of the State Election Board of motor license agents qualified to issue driver's licenses.

D.  The Secretary of the State Election Board is authorized to develop with appropriate officials of the Department of Public Safety an experimental process to electronically transmit voter registration information from one or more motor license agencies to one or more county election boards.

Added by Laws 1994, c. 260, § 11, eff. Jan. 1, 1995.


§26-4-110.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-110.1.  Time for submission of voter registration applications - Notice of disposition.

A.  Voter registration applications may be submitted at any time.  However, completed applications received by the State Election Board, any county election board, any agency designated to accept voter registration applications or any motor license agent as part of a driver's license or identification card application twenty-four (24) days prior to an election; any mail application postmarked twenty-four (24) days or less prior to an election or any mail application received without a postmark nineteen (19) days or less prior to an election shall not be approved for that election if the applicant's residence is located within the geographical boundaries of the entity for which the election is being conducted.

B.  No more than seven (7) days after any election, each county election board secretary for the county of the applicant's residence shall mail a notice of disposition as required in Section 8 of this act to all persons whose voter registration applications were received twenty-four (24) days or less prior to the election.

C.  Registration for voting purposes occurs when a completed voter registration application is approved by the county election board secretary for the county or the applicant's residence and on the date that the information is entered into the Oklahoma Election Management System for the county of the applicant's residence.

D.  Registration for candidate filing or party affiliation purposes occurs at the earliest time the completed voter registration application is received at the State Election Board, any county election board, any agency designated to accept voter registration applications or any Motor License Agent as part of a driver's license or identification card application provided that the application subsequently is approved by the secretary of the county election board for the county of the applicant's residence; or, in the case of mail applications, registration for candidate filing or party affiliation purposes shall occur at the time when the completed voter registration application is postmarked provided that the application subsequently is approved by the secretary of the county election board for the county of the applicant's residence; or in the case of a mail application received without a postmark, registration for candidate filing or party affiliation purposes shall occur at the earliest time when the completed application is received by the State Election Board or any county election board provided that the application is subsequently approved by the secretary of the county election board for the county of the applicant's residence.

Added by Laws 1994, c. 260, § 12, eff. Jan. 1, 1995.


§26-4-111.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-111.1.  Repealed by Laws 1994, c. 260, § 28, eff. Jan. 1, 1995.

§26-4-112.  Registration applications.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  The Secretary of the State Election Board shall devise and distribute a registration application form to be used for registering voters.  Such registration application shall contain the following information:  applicant's full name and date of birth, county and place of residence, and mailing address pursuant to the provisions of subsection B of this section; the names of political parties recognized by the laws of the State of Oklahoma with which the applicant may be affiliated; the Oklahoma driver license or identification card number if the applicant has been issued a current and valid driver license or identification card by the Department of Public Safety, or if the applicant does not have a valid Oklahoma driver license or identification card, the last four digits of the voter's social security number; an oath of the eligibility of the applicant to become a registered voter; and such other information as may be deemed necessary by the Secretary to identify such applicant and to ascertain his or her eligibility.  A voter registration application shall be signed by the applicant in writing.  The applicant shall personally subscribe his or her name to or make his or her mark on the application, and no agent, representative or employee of the applicant may sign or mark on the applicant's behalf.  The signature or mark must be the original, handwritten signature, autograph or mark of the applicant.  No facsimile, reproduction, typewritten or other substitute signature, autograph or mark will be valid.  Notwithstanding any law to the contrary, the Secretary of the State Election Board shall prescribe procedures to authorize any person incapable of personally making a mark to complete a voter registration application with assistance of an official of any voter registration agency or motor license agency specified in Sections 4-109.2 and 4-109.3 of this title.  Persons who do not indicate a recognized political party or political organization on their registration application shall be designated as Independents.  Any person may apply in writing to the Secretary of the State Election Board for permission to print, copy or otherwise prepare and distribute the registration applications designed by the Secretary of the State Election Board.  The Secretary may revoke any such permission at any time.  All registration applications shall be distributed to the public at no charge.  The Secretary also shall prescribe procedures to accept and use federal registration applications as required by the National Voter Registration Act of 1993.

B.  Applicants for voter registration or for change of voter registration in any way shall provide a residence address and, if different from the residence address, a mailing address.  A residence address shall include the street address of the residence, including a full house number, street name or number, apartment or suite number, if applicable, and zip code.  If a street address is not available for the residence, applicants shall provide such information as the State Election Board deems necessary for voter registration purposes.  A post office box may not be given as a residence address.  A mailing address, which shall include the city and zip code, may be the actual emergency notification or 911 address on file in the local community, a rural route and box number, a post office box number or a street address.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  The Secretary of the State Election Board shall devise and distribute a registration application to be used for registering voters.  Such registration application shall contain the following information:  voter's full name and date of birth, county and place of residence, and mailing address pursuant to the provisions of subsection B of this section; the names of political parties recognized by the laws of the State of Oklahoma with which the voter may be affiliated; the last four digits of the voter's social security number; an oath of the voter's eligibility to become a registered voter; and such other information as may be deemed necessary by the Secretary to identify such voter and to ascertain his or her eligibility.  A voter registration application shall be signed by the applicant in writing.  The applicant shall personally subscribe his or her name to or make his or her mark on the application, and no agent, representative or employee of the applicant may sign or mark on the applicant's behalf.  The signature or mark must be the original, handwritten signature, autograph or mark of the applicant.  No facsimile, reproduction, typewritten or other substitute signature, autograph or mark will be valid.  Notwithstanding any law to the contrary, the Secretary of the State Election Board shall prescribe procedures to authorize any person incapable of personally making a mark to complete a voter registration application with assistance of an official of any voter registration agency or motor license agency specified in Sections 4-109.2 and 4-109.3 of this title.  Persons who do not indicate a recognized political party or political organization on their registration application shall be designated as Independents.  Any person may apply in writing to the Secretary of the State Election Board for permission to print, copy or otherwise prepare and distribute the registration applications designed by the Secretary of the State Election Board.  The Secretary may revoke any such permission at any time.  All registration applications shall be distributed to the public at no charge.  The Secretary also shall prescribe procedures to accept and use federal registration applications as required by the National Voter Registration Act of 1993.

B.  Applicants for voter registration or for change of voter registration in any way shall provide a residence address and, if different from the residence address, a mailing address.  A residence address shall include the street address of the residence, including a full house number, street name or number, apartment or suite number, if applicable, and zip code.  If a street address is not available for the residence, applicants shall provide such information as the State Election Board deems necessary for voter registration purposes.  A post office box may not be given as a residence address.  A mailing address, which shall include the city and zip code, may be the actual emergency notification or 911 address on file in the local community, a rural route and box number, a post office box number or a street address.

Added by Laws 1974, c. 75, § 12, emerg. eff. April 19, 1974.  Renumbered from § 93.42 of this title by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1994, c. 260, § 13, eff. Jan. 1, 1995; Laws 1998, c. 357, § 8, eff. Jan. 1, 1999; Laws 1999, c. 88, § 4, emerg. eff. April 13, 1999; Laws 2002, c. 447, § 4, emerg. eff. June 5, 2002; Laws 2004, c. 545, § 5, eff. July 1, 2005.


§26-4-113.  Voter identification cards.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  The Secretary of the State Election Board shall devise a voter identification card which shall be issued to every person who becomes a registered voter in Oklahoma.  Said voter identification card shall contain such information as is necessary to determine a registered voter's eligibility.

B.  When a person registers to vote or changes his or her registration in any manner to require a new voter identification card, the county election board secretary in the county of the voter's residence shall transmit the new voter identification card as acknowledgment of the transaction which may be the notice required in Section 4-103.1 of this title.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  The Secretary of the State Election Board shall devise a voter identification card which shall be issued to every person who becomes a registered voter in Oklahoma.  Said voter identification card shall contain such information as is necessary to determine a registered voter's eligibility.

B.  When a person registers to vote or changes his or her registration in any manner to require a new voter identification card, the county election board secretary in the county of the voter's residence shall transmit the new voter identification card as acknowledgment of the transaction which may be the notice required in Section 8 of this act.

Added by Laws 1974, c. 75, § 13, emerg. eff. April 19, 1974.  Renumbered from § 93.43 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1994, c. 260, § 14, eff. Jan. 1, 1995; Laws 2004, c. 545, § 6, eff. July 1, 2005.


§264114.  Maintenance of registration information.

The secretary of each county election board shall cause the registration information of every registered voter in said county to be entered into the Oklahoma Election Management System.

Laws 1974, c. 75, § 14, emerg. eff. April 19, 1974; Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976; Laws 1990, c. 331, § 4, eff. July 1, 1990.


§264115.  Central registry.

The secretary of each county election board shall cause registration forms of every registered voter in said county to be retained in a central registry in alphabetical order.  Said central registry shall be maintained in a secure manner in the offices of the county election board.

Laws 1974, c. 75, § 15, emerg. eff. April 19, 1974; Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976; Laws 1990, c. 331, § 5, eff. July 1, 1990.

  

§26-4-115.1.  Correction of clerical or administrative errors.

The secretary of each county election board is authorized to  correct clerical or administrative errors in the Oklahoma Election Management System and to conform voter registration information to recognized standards, as determined by the Secretary of the State Election Board, for promotion of uniformity and consistency in address designations.  No corrections shall be made to the original registration form signed by the voter except as provided by law or rule of the State Election Board.

Added by Laws 1991, c. 321, § 6, eff. March 1, 1992.


§26-4-115.2.  Confidentiality of residence and mailing address.

The Secretary of the State Election Board is authorized to promulgate rules to keep confidential the residence and mailing address, upon application to do so, of individual registered voters who are members of certain classes.  These classes shall be limited to the judiciary, district attorneys, assistant district attorneys, law enforcement personnel, correctional officers, persons who are protected by victim's protection orders, the spouses and dependents of the members of such classes, and persons who are certified by the Secretary of State as participants in the Address Confidentiality Program established by Section 60.14 of Title 22 of the Oklahoma Statutes.  Such address information shall be provided to a candidate or candidate representative or other lawful authority in anticipation or as part of a contest of candidacy or contest of an election as provided for in Title 26 of the Oklahoma Statutes or as part of a petition challenge as provided by law.  However, no information concerning the address of a certified Address Confidentiality Program participant shall be released by election officials to any person for any purpose except under court order.

Added by Laws 2002, c. 447, § 5, emerg. eff. June 5, 2002.  Amended by Laws 2003, c. 485, § 6.


§264116.  Transfer of registrations.

If a registered voter of a county changes his or her residence to another precinct within the same county, he or she shall be entitled to transfer his or her registration in a manner prescribed by the Secretary of the State Election Board.  The secretary of the county election board shall change the registration information of such registered voter in the Oklahoma Election Management System and shall issue a new voter identification card to the voter.  Information given by the voter shall be under oath.

Added by Laws 1974, c. 75, § 16, emerg. eff. April 19, 1974.  Renumbered from § 93.46 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1979, c. 240, § 13, emerg. eff. June 1, 1979; Laws 1990, c. 331, § 6, eff. July 1, 1990; Laws 1994, c. 260, § 15, eff. Jan. 1, 1995.


§264117.  Change of name or of residence within same county.

If a registered voter of a county has changed name or residence within the same county, and has not executed a transfer as hereinbefore provided, the voter shall be entitled to a change upon executing an application on a form to be prescribed by the Secretary of the State Election Board and presenting such form along with the voter identification card to the inspector of the precinct in which the voter is registered or to a member of an in-person absentee voting board of the county in which the voter is registered on the day of the next ensuing election or of in-person absentee voting.  Upon doing so, such registered voter shall be permitted to vote on the ballots of such precinct, and only of such precinct, for the election being conducted on that day only.  The inspector or in-person absentee voting board member shall deliver such form to the secretary of the county election board, who shall change the registration in the manner prescribed by the Secretary of the State Election Board.

Added by Laws 1974, c. 75, § 17, emerg. eff. April 19, 1974.  Renumbered from § 93.47 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1990, c. 306, § 2, emerg. eff. May 30, 1990; Laws 1994, c. 260, § 16, eff. Jan. 1, 1995; Laws 1995, c. 290, § 5, eff. Nov. 1, 1995.


§264118.  Change of residence to another county.

Any registered voter who changes his or her residence to another county may apply for registration as an initial registrant in such other county.  Such person shall indicate his or her prior registration information, including name, residence address and county and political affiliation, as appropriate, on the voter registration application.  The secretary of the election board of the second county shall immediately notify the Secretary of the State Election Board of such transaction.

Added by Laws 1974, c. 75, § 18, emerg. eff. April 19, 1974.  Renumbered from § 93.48 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1990, c. 331, § 7, eff. July 1, 1990; Laws 1994, c. 260, § 17, eff. Jan. 1, 1995.


§26-4-119.  Change of political affiliation.

Any registered voter may make application under oath to change political affiliation by executing a form prescribed by the Secretary of the State Election Board at any time.  The county election board secretary in the applicant's county of residence shall process and approve any such application for political affiliation change upon receipt, except as provided in Section 4-110.1 of Title 26 of the Oklahoma Statutes and except during the period from June 1 through August 31, inclusive, in any even-numbered year.  The secretary shall process and approve such applications for change of political affiliation received or postmarked from June 1 through August 31 in any even-numbered year after August 31.

Added by Laws 1974, c. 75, § 19, emerg. eff. April 19, 1974.  Renumbered from Title 26, § 93.49 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1979, c. 240, § 14, emerg. eff. June 1, 1979; Laws 1994, c. 260, § 18, eff. Jan. 1, 1995; Laws 2000, c. 358, § 7, eff. July 1, 2000; Laws 2003, c. 485, § 7.


§264120.  Cancellation of registrations.

The registration of any registered voter may be cancelled only for one of the following reasons:  Written notice from the voter; death; conviction of a felony; judicial determination of mental incapacitation under Title 30 of the Oklahoma Statutes; registration in another county or state; or failure to respond to a confirmation of address mailing and failure to vote as prescribed in Section 21 of this act.

Added by Laws 1974, c. 75, § 20, emerg. eff. April 19, 1974.  Amended by Laws 1976, c. 90, § 2, emerg. eff. May 6, 1976.  Renumbered from § 93.50 by Laws 1976, c. 90, § 10, emerg. eff. May 6, 1976.  Amended by Laws 1979, c. 240, § 15, emerg. eff. June 1, 1979; Laws 1981, c. 45, § 1, emerg. eff. April 8, 1981; Laws 1992, c. 247, § 6, emerg. eff. May 21, 1992; Laws 1994, c. 260, § 19, eff. Jan. 1, 1995.


§26-4-120.1.  Voluntary cancellation of registration.

A registered voter may have his or her name removed from the registries of a county by executing a personally signed and notarized written notice for same to the Secretary of the State Election Board or any county election board.

Added by Laws 1981, c. 45, § 2, emerg. eff. April 8, 1981.  Amended by Laws 1994, c. 260, § 20, eff. Jan. 1, 1995; Laws 1995, c. 290, § 6, eff. Nov. 1, 1995.


§26-4-120.2.  Inactive voters.

A.  No later than June 1 of each odd numbered year and for the previous twenty-four (24) months, any voter for whom a first-class mailing from the county election board was returned, any voter identified by the Secretary of the State Election Board as a potential duplicate, any voter who has surrendered his or her Oklahoma driver license to the Department of Public Safety upon being issued a driver license in another state, and any active registered voter who did not vote in the second previous general election or any election conducted by a county election board since the second previous general election and who has initiated no voter registration change shall be sent an address confirmation mailing prescribed by the Secretary of the State Election Board and paid for by the state.  Voters who do not respond to the confirmation mailing or whose mailing is returned as nonforwardable shall be designated as inactive sixty (60) days after the mailing.  An inactive voter's status shall be changed to active under the following conditions:

1.  With any registration change initiated by the voter; or

2.  By voting in any election conducted by a county election board.

An inactive voter who does not vote in any election conducted by a county election board during the period beginning on the date of the confirmation mailing and ending on the day after the date of the second successive general election for federal office shall be removed as a registered voter and all the information on that voter shall be destroyed.  Each county election board secretary shall maintain a list of the names and addresses of all persons sent a confirmation mailing as described in this section and information on whether or not each such person has responded to the notice.  Said list shall be maintained for twenty-four (24) months following the date of the second successive federal general election after the date of the confirmation mailing.

B.  The secretary of each county election board shall cause all inactive voters in a precinct to be identified on the precinct registry.

C.  No later than June 1 of each odd-numbered year, the Secretary of the State Election Board shall identify duplicate voter registrations in the state and shall direct appropriate county election board secretaries to cancel the voter registration of all but the latest registration of duplicate voter registrations.  Each county election board secretary shall maintain for twenty-four (24) months a list of the names and addresses of all canceled duplicate voter registrations.  For the purposes of this subsection, duplicate voter registrations are those registrations which contain the following identical information on more than one registration:

1.  First name, middle name or initial, last name, and date of birth;

2.  Driver license or social security number; or

3.  Last name, date of birth, and the last four digits of the social security number.

Added by Laws 1981, c. 45, § 3, emerg. eff. April 8, 1981.  Amended by Laws 1983, c. 171, § 5, emerg. eff. June 6, 1983; Laws 1990, c. 331, § 8, eff. July 1, 1990; Laws 1991, c. 321, § 7, eff. March 1, 1992; Laws 1994, c. 260, § 21, eff. Sept. 1, 1994; Laws 1997, c. 177, § 1, eff. Nov. 1, 1997; Laws 1998, c. 357, § 9, eff. Jan. 1, 1999; Laws 1999, c. 88, § 5, emerg. eff. April 13, 1999.


§26-4-120.3.  Deceased persons - Cancellation of registration.

The State Department of Health shall each month transmit to the Secretary of the State Election Board a certified list of all deaths of residents that have occurred within the state for the immediately preceding month.  The Secretary of the State Election Board shall transmit such list to the secretary of the county election board who shall then use such list to ascertain those voters who are deceased, and shall thereafter remove such deceased person's name from the central registry and the Oklahoma Election Management System.  Such list shall be used only for the purposes hereinbefore described.  In addition, the registration of a deceased voter may be canceled by the secretary of a county election board upon the execution by the next of kin of such deceased voter of a form and upon the nature of proof of the fact thereof as prescribed by the Secretary of the State Election Board.  Such form must be executed in person by the deceased voter's next of kin at the county election board office, in which case it shall be witnessed by the secretary or other designated employees, at the deceased voter's precinct polling place or at the next of kin's precinct polling place in the same county on the day of any election, in which case it shall be witnessed by the inspector of such precinct, or the form may be personally signed by the next of kin, such signature to be notarized by a notary public, and returned to the county election board.  The administrator of a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, also may execute a form prescribed by the Secretary of the State Election Board to notify the secretary of the county election board of the death of a nursing facility resident who is a registered voter.  The administrator's signature on such form shall either be witnessed by a member of the nursing home absentee voting board or shall be notarized.  Upon receipt of such form, the secretary of the county election board shall be authorized to cancel the voter registration of such deceased person.

Added by Laws 1981, c. 45, § 4, emerg. eff. April 8, 1981.  Amended by Laws 1990, c. 331, § 9, eff. July 1, 1990; Laws 1998, c. 357, § 10, eff. Jan. 1, 1999; Laws 1999, c. 88, § 6, emerg. eff. April 13, 1999; Laws 2002, c. 447, § 6, emerg. eff. June 5, 2002; Laws 2004, c. 307, § 3, emerg. eff. May 17, 2004.


§26-4-120.4.  Convicted felons - Cancellation of registration - Liability.

A.  The Secretary of the State Election Board shall accept written notice from the United States Attorney of persons convicted of felonies in a district court of the United States.  The Secretary of the State Election Board shall cause the voter registrations of persons listed in the written notice to be cancelled in the county of the person's residence and shall notify the secretary of the appropriate county election board of the cancellation.

B.  The court clerk in each county shall prepare a list monthly of all persons convicted in the county of a felony and shall transmit the list to the secretary of the county election board.  The list shall include information necessary to identify a person on the list as a registered voter prescribed by the Secretary of the State Election Board.  The secretary shall cancel the registration of registered voters in the county included on the list.  The secretary of the county election board shall forward the names of any persons on the list who are not residents of the county to the Secretary of the State Election Board.  The Secretary of the State Election Board shall cause the voter registrations of persons from a list who are forwarded to the Secretary to be cancelled in the county of the person's residence.

C.  The Secretary of the State Election Board, secretaries of county election boards, and their agents and employees shall not be held civilly liable for any action taken based upon information concerning felony convictions received from a United States Attorney or a county court clerk pursuant to subsections A and B of this section if a reasonable effort was made to make an accurate match of the information provided with voter registration records before canceling any voter's registration.

Added by Laws 1981, c. 45, § 5, emerg. eff. April 8, 1981.  Amended by Laws 1990, c. 331, § 10, eff. July 1, 1990; Laws 1994, c. 260, § 22, eff. Jan. 1, 1995; Laws 1995, c. 290, § 7, eff. Nov. 1, 1995; Laws 2002, c. 447, § 7, eff. July 1, 2003.


§264120.5.  Incapacitated persons  Cancellation of registration.

The court clerk in each county shall prepare each month a list of all persons who have been adjudged incapacitated and hold said list for the secretary of the county election board.  The secretary shall cancel the registration of each registered voter included on said list, and such person shall be ineligible for registration until he has been adjudged no longer incapacitated by a court of competent jurisdiction.

Laws 1981, c. 45, § 6, emerg. eff. April 8, 1981; Laws 1992, c. 247, § 7, emerg. eff. May 21, 1992.


§264120.6.  Registration in another county or state  Cancellation or registration.

The secretary of each county election board shall cancel the registration of allregistered voters who have registered in another county in Oklahoma, or in another state, upon receipt of notice of same.

Laws 1981, c. 45, § 7, emerg. eff. April 8, 1981.  

§26-4-120.7.  Registration applications - Removal from registries - Destruction.

The registration application of registered voters whose registration has been canceled, upon written notice of the voter, death, conviction of a felony, judicial determination of mental incapacitation or registration in another county or state in the manner hereinbefore provided, shall be removed from the central registry and maintained separately for a period of twenty-four (24) months by the secretary of each county election board.  Reason for cancellation and date of said cancellation shall be noted on said registration application.  After twenty-four (24) months, the registration application shall be destroyed.

Added by Laws 1981, c. 45, § 8, emerg. eff. April 8, 1981.  Amended by Laws 1983, c. 171, § 6, emerg. eff. June 6, 1983; Laws 1990, c. 331, § 11, eff. July 1, 1990; Laws 1994, c. 260, § 23, eff. Jan. 1, 1995.


§264120.8.  Reregistration of cancelled voter.

A person whose registration has been cancelled according to law shall be required to register again in the manner provided by law for initial registrations before he can vote in an election for which registration is required.

Laws 1981, c. 45, § 9, emerg. eff. April 8, 1981.  

§26-4-120.9.  Repealed by Laws 1990, c. 331, § 21, emerg. eff. May 31, 1990.

§26-4-120.10.  Voting in precinct from which registration transferred.

Any person whose voter registration has been transferred and the transfer has been completed by the appropriate election board pursuant to Section 4-116 or 4-118 of Title 26 of the Oklahoma Statutes shall not vote in the precinct in which the person was registered prior to the transfer of registration.

Added by Laws 2003, c. 403, § 1, eff. Nov. 1, 2003.


§265101.  Declarations of candidacy required.

A person may become a candidate for office and have his name appear on a ballot only after he files a Declaration of Candidacy as hereinafter provided.

Laws 1974, c. 153, § 5101, operative Jan. 1, 1975.  

§265102.  Candidates filing with Secretary of State Election Board.

Candidates for United States Senator, United States Representative, state officer, State Senator, State Representative, district judge, associate district judge and district attorney shall file Declarations of Candidacy with the Secretary of the State Election Board.

Amended by Laws 1987, c. 33, § 6, emerg. eff. April 20, 1987.  

§265103.  Candidates filing with secretary of county election board.

Candidates for county office shall file Declarations of Candidacy with the secretary of the county election board in the county in which said candidates seek election.

Laws 1974, c. 153, § 5103, operative Jan. 1, 1975.  

§265104.  Party must be recognized.

Candidates may file for the nomination of a political party only if said party is recognized by the laws of the State of Oklahoma.

Laws 1974, c. 153, § 5104, operative Jan. 1, 1975.  

§265105.  Candidate must be registered  Exceptions.

A.  To file as a candidate for nomination by a political party to any state or county office, a person must have been a registered voter of that party for the sixmonth period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  Except, however, to file as a candidate for nomination by a political party to any state or county office in 2004, a person must have been a registered voter of that party no later than December 21, 2003.  Provided, this requirement shall not apply to a candidate for the nomination of a political party which attains recognition less than six (6) months preceding the first day of the filing period required by law.  However, the candidate shall be required to have registered with the newly recognized party within fifteen (15) days after such party recognition.

B.  To file as an independent candidate for any state or county office, a person must have been registered to vote as an independent for the sixmonth period immediately preceding the first day of the filing period prescribed by law and, under oath, so state.  Except, however, to file as an independent candidate for any state or county office in 2004, a person must have been registered to vote as an independent no later than December 21, 2003.

Added by Laws 1974, c. 153 § 5-105, operative Jan. 1, 1975.  Amended by Laws 1981, c. 178, § 4, emerg. eff. May 18, 1981; Laws 1987, c. 27, § 1, eff. Nov. 1, 1987; Laws 2004, c. 53, § 7, emerg. eff. April 1, 2004.  


§265105a.  Misdemeanor embezzlement and felony offenders barred from public office for certain time  Pardons.

A.  A person who has been convicted of a misdemeanor involving embezzlement or a felony under the laws of this state or of the United States or who has entered a plea of guilty or nolo contendere to such misdemeanor involving embezzlement or felony or who has been convicted of a crime in another state which would have been a misdemeanor involving embezzlement or a felony under the laws of this state or has entered a plea of guilty or nolo contendere to such crime shall not be eligible to be a candidate for or to be elected to any state, county, municipal, judicial or school office or any other elective office of any political subdivision of this state for a period of fifteen (15) years following completion of his sentence or during the pendency of an appeal of such conviction or plea.

B.  The provisions of this section shall not be construed to preclude a person who has received a pardon from being eligible for or from holding public office.

Added by Laws 1986, c. 234, § 1, emerg. eff. June 11, 1986.  

§265106.  Candidate may file for only one office.

Candidates may file for no more than one office at any election.  A Special Election and a Regular Election held on the same date shall be considered one election.

Added by Laws 1974, c. 153, § 5106, operative Jan. 1, 1975.  Amended by Laws 1994, c. 260, § 26, emerg. eff. May 26, 1994; Laws 2004, c. 369, § 2, emerg. eff. May 28, 2004.


§265107.  Identical names prohibited.

No person may become a candidate for any office enumerated in Section 5102 of this title whose name is identical to the name of the incumbent or of any publicly announced candidate for such office, or similar thereto, where it appears that the identity or similarity of names is used for the purpose of confusing the voters.  Any person desiring to become a candidate for one of said offices whose name is identical or similar to the name of the incumbent or of any publicly announced candidate for said office shall observe the following procedure.

The potential candidate shall file a preliminary Declaration of Candidacy with the Secretary of the State Election Board between the hours of 8 a.m. on Monday and 5 p.m. on Friday of the third week prior to the beginning of the regular filing period.  The preliminary Declaration of Candidacy shall be accompanied by a cashier's or certified check in the amount of Two Hundred Fifty Dollars ($250.00).

When such a preliminary Declaration of Candidacy is filed the Secretary of the State Election Board shall immediately set the matter for hearing and shall cause at least five (5) days' notice to be given by publication in one issue of a newspaper of general circulation in the state so that any person may object to said filing and be heard thereon at said hearing.

At said hearing the candidate may present proof and testimony of his good faith.  The burden of proof shall be upon the candidate to show that his candidacy is in good faith and is not intended to confuse the voters.

After a full and complete hearing the State Election Board shall render its decision, and if it finds that he is acting in good faith and not for the purpose of confusing the voters, said candidate shall be permitted to file a Declaration of Candidacy during the regular filing period, and his deposit shall be returned to him.  If the Board finds that said candidate's candidacy is designed for the purpose of confusing the voters, he shall not be permitted to file as a candidate, and the balance of his deposit, after the costs of the hearing are deducted, shall be returned to him.

Laws 1974, c. 153, § 5107, operative Jan. 1, 1975; Laws 1976, c. 90, § 5, emerg. eff. May 6, 1976.  

§265108.  Adopting name of incumbent prohibited.

No person may become a candidate for any office who adopts or has adopted a name identical or similar to that of the incumbent of such office, or of any candidate who has previously made public announcement of his candidacy for such office.

Laws 1974, c. 153, § 5108, operative Jan. 1, 1975.  

§265109.  Adopting name of person of state or national reputation prohibited.

No person may become a candidate for any office who adopts or has adopted the name of any person of state or national reputation, living or dead.

Laws 1974, c. 153, § 5109, operative Jan. 1, 1975.  

§26-5-110.  Filing period.

Declarations of Candidacy provided herein must be filed with the secretary of the appropriate election board no earlier than 8:00 a.m. on the first Monday in June of any even-numbered year and no later than 5:00 p.m. on the next succeeding Wednesday.  Such Declarations of Candidacy may be transmitted by United States mail, but in no event shall the secretary of any election board accept such Declarations after the time prescribed by law.

Added by Laws 1974, c. 153, § 5-110, operative Jan. 1, 1975.  Amended by Laws 2003, c. 162, § 1; Laws 2004, c. 53, § 8, emerg. eff. April 1, 2004.


§265111.  Declaration of candidacy forms.

Forms to be used for filing Declarations of Candidacy shall be prescribed by the Secretary of the State Election Board and shall contain the following information:  name of the candidate; the candidate's place of residence and his mailing address; name of the office sought; the candidate's date of birth; party affiliation of candidate seeking political party nomination; precinct and county wherein the candidate is a registered voter; an oath wherein the candidate swears or affirms that he is qualified to become a candidate for the office which he is seeking, and that, if elected, he will be qualified to hold said office; and any additional information which the Secretary deems necessary.  A Declaration of Candidacy form must be signed by the candidate, and the signature must be properly notarized by a notary public or other person authorized by law to administer oaths.

Laws 1974, c. 153, § 5111, operative Jan. 1, 1975.  

§265111.1.  Declaration of Candidacy  Signature of candidate.

To be valid, a Declaration of Candidacy submitted to the secretary of any county election board or to the Secretary of the State Election Board shall be signed by the candidate in writing. The candidate shall personally subscribe his name to the Declaration of Candidacy, and no agent, representative or employee of the candidate may sign on the candidate's behalf.  The signature must be the original, handwritten signature or autograph of the candidate. No facsimile, reproduction, typewritten or other substitute signature or autograph will be valid.

Added by Laws 1988, c. 101, § 4, emerg. eff. April 1, 1988.  

§265112.  Petitions and filing fees.

A.  A declaration of candidacy must be accompanied by a petition supporting a candidate's filing signed by five percent (5%) of the registered voters eligible to vote for a candidate in the first election wherein the candidate's name could appear on the ballot, as reflected by the latest January 15 registration report; or by a cashier's check or certified check in the amount of Two Hundred Dollars ($200.00) for candidates filing with the Secretary of the State Election Board or the secretary of a county election board; provided, however, such cashier's check or certified check shall be in the amount of One Thousand Five Hundred Dollars ($1,500.00) for candidates for Governor, One Thousand Dollars ($1,000.00) for candidates for United States Senator and Seven Hundred Fifty Dollars ($750.00) for candidates for the United States Congress, and Five Hundred Dollars ($500.00) for candidates for Lieutenant Governor, Corporation Commission, Attorney General, State Auditor and Inspector, State Superintendent of Public Instruction, State Treasurer, Commissioner of Insurance and Commissioner of Labor.

B.  A filing fee received by the Secretary of the State Election Board shall be deposited in the State Election Board Revolving Fund created pursuant to Section 3-107 of this title.  A filing fee received by a secretary of a county election board shall be deposited in the County Election Board Special Depository Account authorized by Section 3-108 of this title.

Amended by Laws 1988, c. 48, § 1, emerg. eff. March 21, 1988.  Amended by Laws 1990, c. 306, § 3, emerg. eff. May 30, 1990; Laws 2002, c. 447, § 8, emerg. eff. June 5, 2002.


§26-5-113.  Forfeiture or return of filing fee.

A.  A candidate's filing fee shall be forfeited to the election board with which it was filed unless the candidate is unopposed in the Primary Election, becomes a candidate in the Runoff Primary Election or receives more than fifteen percent (15%) of the votes cast for the office for which the candidate is a candidate at the first election wherein the candidate's name appears on a ballot, in which case the full amount of the candidate's filing fee shall be returned to the candidate immediately.

B.  Upon becoming eligible for a filing fee refund, a candidate shall provide to the secretary of the election board who received the filing fee any additional information needed to process the refund.  Any candidate who fails to provide the additional information within six (6) months of becoming eligible for a filing fee refund shall forfeit the refund to the appropriate election board.

Added by Laws 1974, c. 153, § 5-113, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 7, emerg. eff. June 6, 1983; Laws 2002, c. 447, § 9, emerg. eff. June 5, 2002.


§265114.  Designation of term.

In all primary elections where there are two or more nominations to be made for the same office in name, one of said offices being for a longer term than the other, each candidate, in filing for nomination for said office, shall state whether he is filing for the long or short term, and the same shall be reflected on the ballot for said offices.

Laws 1974, c. 153, § 5114, operative Jan. 1, 1975.  

§26-5-115.  Withdrawals from primary.

Any candidate may withdraw as a candidate only upon the filing of a written notice of withdrawal as a candidate with the secretary of the election board which accepted such candidate's declaration of candidacy.  Such notice shall be signed by the candidate or a lawfully appointed personal representative or a lawfully appointed special administrator of any deceased candidate, whose signature shall be notarized by a notary public, and shall be filed on or before 5:00 p.m. on the Friday following the close of the filing period prescribed by law.

Added by Laws 1974, c. 153, § 5-115, operative Jan. 1, 1975.  Amended by Laws 2003, c. 88, § 1, eff. Nov. 1, 2003; Laws 2004, c. 307, § 4, emerg. eff. May 17, 2004.


§26-5-116.  Withdrawals from runoff primary.

A candidate in a Runoff Primary Election may withdraw as a candidate upon the filing of a written notice of withdrawal as a candidate with the secretary of the election board which accepted said candidate's declaration of candidacy.  Said notice shall be signed by the candidate or the lawfully appointed personal representative or a lawfully appointed special administrator of any deceased candidate, whose signature shall be notarized by a notary public, and shall be filed on or before 5:00 p.m. on the Friday following the date of the Primary Election.

Added by Laws 1974, c. 153, § 5-116, operative Jan. 1, 1975.  Amended by Laws 1997, c. 176, § 6, eff. Nov. 1, 1997; Laws 2003, c. 88, § 2, eff. Nov. 1, 2003.


§26-5-116.1.  Withdrawal from General Election.

A candidate in a General Election may withdraw his candidacy upon filing a written notice of withdrawal as a candidate with the secretary of the election board which accepted said candidate's declaration of candidacy.  Said notice shall be signed by the candidate, whose signature shall be notarized by a notary public, and shall be filed on or before 5:00 p.m. on the Friday following the date of the Runoff Primary Election.

Added by Laws 1983, c. 171, § 21, emerg. eff. June 6, 1983.  Amended by Laws 1997, c. 176, § 7, eff. Nov. 1, 1997.


§26-5-117.  Declarations of Candidacy must be accepted - Exceptions.

The secretary of any election board shall accept any Declaration of Candidacy which the secretary is authorized to accept, except such Declaration which on its face shows that the candidate does not meet the qualifications to become a candidate for the office set forth as contained in the Oklahoma Constitution, statutes or resolution calling the election.  Such acceptance shall entitle the candidate to have the candidate's name appear on the appropriate ballots unless the candidate withdraws candidacy according to law, or unless a contest to said candidacy is sustained in the manner hereinafter described.

Added by Laws 1974, c. 153, § 5-117, operative Jan. 1, 1975.  Amended by Laws 2000, c. 358, § 8, eff. July 1, 2000.


§26-5-118.  Contests of candidacy.

Any candidate, hereafter referred to as petitioner, may contest the candidacy of any other candidate for the same office, hereafter referred to as contestee, by filing a written petition with the secretary of the election board with whom said candidate filed the declaration of candidacy.  In the event only one candidate files for an office, a petition contesting the candidacy may be filed by any registered voter who is eligible to vote for the candidate.

Added by Laws 1974, c. 153, § 5-118, operative Jan. 1, 1975.  Amended by Laws 1990, c. 306, § 4, emerg. eff. May 30, 1990; Laws 1994, c. 360, § 1, eff. July 1, 1994; Laws 1997, c. 130, § 1, emerg. eff. April 17, 1997.


§265119.  Time for filing contest.

Said petition must be filed no later than 5:00 p.m. on the second day following the close of the filing period.

Laws 1974, c. 153, § 5119, operative Jan. 1, 1975.  

§265120.  Grounds for contest.

Said petition must allege that the contestee was not qualified by law to become a candidate for the office for which he filed a Declaration of Candidacy and must contain the reasons therefor. Reasons not appearing on the face of the petition shall be considered waived and shall not be grounds for a contest.

Laws 1974, c. 153, § 5120, operative Jan. 1, 1975.  

§26-5-121.  Deposit required for contest.

The petition must be accompanied by a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00).

Added by Laws 1974, c. 153, § 5-121, operative Jan. 1, 1975.  Amended by Laws 1976, c. 90, § 3, emerg. eff. May 6, 1976; Laws 1999, c. 88, § 7, emerg. eff. April 13, 1999.


§265122.  Date for hearing contest.

When such a petition is properly filed, the secretary of the appropriate election board shall set the matter down for a hearing, said hearing to be not fewer than three (3) days from the date of filing of said petition.

Laws 1974, c. 153, Section 5122.  Operative January 1, 1975.

Laws 1974, c. 153, § 5122, operative Jan. 1, 1975.  

§265123.  Service of notice.

It shall be the duty of the petitioner to cause a true copy of the petition and notice of the date and place of the hearing to be served on the contestee.

Laws 1974, c. 153, § 5123, operative Jan. 1, 1975.  

§265124.  Time for service of notice.

Said service shall be made in person, where possible, within twentyfour (24) hours after the date and place of the hearing has been set by the election board secretary.

Laws 1974, c. 153, § 5124, operative Jan. 1, 1975.  

§265125.  Sheriff to serve notice  Secretary of election board made agent for constructive service.

Service shall be made by the sheriff of the county of residence of the contestee as to all offices, except that of sheriff, in which case the same shall be served by the county clerk of the appropriate county, and the certificate of returns of such sheriff or county clerk, showing the inability to make such service within the aforementioned time, shall be deemed sufficient proof of the absence of the contestee, or the inability to serve such petition and notice upon him, and to justify the constructive service herein provided. When personal service is impossible, within said time, it is hereby made the duty of said petitioner to serve said true copies upon the secretary of the appropriate election board.  Provided that for the purpose of such constructive service, the Secretary of the State Election Board and the secretaries of the county election boards are hereby made and constituted the service agents for all candidates who file declarations of candidacy with them.  By filing his declaration of candidacy, each candidate shall thereby be conclusively presumed to have accepted the terms and provisions hereof and specifically the aforesaid constructive service.  When constructive service becomes necessary, said constructive service shall be made at the date, time and place of said hearing, after proof of inability to personally serve the contestee has been returned to the petitioner.

Amended by Laws 1983, c. 171, § 8, emerg. eff. June 6, 1983.  

§265126.  Hearing of contest.

The petition may be heard without formal pleadings being filed in answer or reply thereto.  The election board with whom the petition is filed shall have the authority to issue subpoenas and compel the attendance of witnesses and the production of evidence. Such election board shall have the authority to receive the testimony of witnesses under oath, said oath to be administered by the secretary of the board.  At the conclusion of the hearing, the board shall render its decision and the vote of the individual members in writing.  The decision of such board shall in all cases be final.

Laws 1974, c. 153, § 5126, operative Jan. 1, 1975.  

§265127.  Candidacy may be stricken.

If the election board determines that the contestee was not qualified to become a candidate for the office for which he filed a Declaration of Candidacy, it may order that his candidacy be stricken and that his name not be placed on the ballot.

Laws 1974, c. 153, Section 5127.  Operative January 1, 1975.

Laws 1974, c. 153, § 5127, operative Jan. 1, 1975.  

§265128.  Declaration may be amended.

If said contestee's Declaration of Candidacy may be amended or corrected to conform to law, the election board may order the same to be done, if the board determines such amendment or correction to be proper at the time of its order or decision.

Laws 1974, c. 153, § 5128, operative Jan. 1, 1975.  

§265129.  Answer to contest  Deposit required.

Should the contestee desire to appear in answer to said contest, said contestee shall be required, at the time of filing his answer, or, if no answer is filed, at the time of his appearance, to deposit with the secretary of the election board a cashier's check or certified check in the same amount as that filed by the petitioner.

Laws 1974, c. 153, § 5129, operative Jan. 1, 1975.  

§265130.  Burden of proof on petitioner.

The burden of proof shall be upon the petitioner to sustain the allegations in his petition.  However, failure of the contestee to appear or answer thereto shall be deemed to place him in default, and shall constitute an admission of the allegations of the petition, in which event, if the board determines that the factual allegations of the petition constitute appropriate grounds for disqualification, such contestee's candidacy shall be stricken.

Laws 1974, c. 153, § 5130, operative Jan. 1, 1975.  

§265131.  Disposition of deposits.

In the event the petitioner is successful at said hearing, his deposit shall be returned to him, and all costs of such hearing shall be deducted from the deposit of the contestee, and the balance, if any, shall be returned to said contestee.  If the contestee does not file an answer or make an appearance, or if the petitioner is unsuccessful, all costs incurred shall be paid from the deposit made by the petitioner, and the balance, if any, shall be returned to said petitioner.

Laws 1974, c. 153, § 5131, operative Jan. 1, 1975.  

§266101.  Appearance of candidate's name.

The name of any candidate for any office shall be printed on the official ballot as said candidate signed his Declaration of Candidacy; provided, however, that no candidate shall have any prefix, suffix or title placed before or after his name.

Laws 1974, c. 153, Section 6101.  Operative January 1, 1975.

Laws 1974, c. 153, § 6101, operative Jan. 1, 1975.  

§266102.  Unopposed candidates.

Any candidate who is unopposed in any election shall be deemed to have been nominated or elected, as the case may be, and his name will not appear on the ballot at any election in which he is so unopposed.

Laws 1974, c. 153, § 6102, operative Jan. 1, 1975.  

§26-6-102.1.  Voting devices - Definitions.

As used in this title, the following definitions shall apply to counties using voting devices:

1.  "Ballot card" means a card upon which votes may be marked;

2.  "Ballot" means a category of offices or measures, one or more of which can appear on a ballot card;

3.  "Count" means the process by which votes marked on a ballot card are examined manually or electronically by a voting device and a determination is made as to whom or for what the votes are cast;

4.  "Results" means the manual or electronic tabulation of the votes counted for a candidate or issue;

5.  "Seal" means a device or devices prescribed by the Secretary of the State Election Board to permit detection of opening or tampering with contents of voting devices, ballot boxes, transfer cases and vote data packs;

6.  "Transfer case" means a container, prescribed by the Secretary of the State Election Board, which can be closed and sealed and is constructed so as to, when sealed, prevent accidental opening or opening by any other reasonable means, except by removing, breaking, tearing or otherwise damaging the seal so if opened by any means it would be obvious in the normal situation that the container had been subject to tampering;

7.  "Vote data pack" means the apparatus which contains electronic instructions for a voting device and in which electronic results are stored; and

8.  "Voting device" means an optical scanning apparatus that electronically counts votes marked on ballot cards and produces printed results.

Added by Laws 1991, c. 2, § 2, emerg. eff. Feb. 25, 1991.

§26-6-103.  Ballots printed by State Election Board.

The State Election Board shall cause ballots to be printed for statewide Primary, Runoff Primary, General Elections and special elections at such time as to insure delivery of said ballots to the several county election boards for distribution to the several precinct election boards prior to election day.  Said board shall cause ballots to be printed for the following offices:  Electors for President and Vice President; United States Senators; United States Representatives; state officers; Justices of the Supreme Court; Judges of the Court of Criminal Appeals; Judges of the Court of Appeals; district judges and associate district judges; State Senators; State Representatives; district attorneys; county officers, and such other officers as required by law, in the order they appear in the statutes, and shall cause ballots to be printed for state questions.

Added by Laws 1974, c. 153, § 6-103, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 8, eff. March 1, 1992; Laws 1997, c. 176, § 8, eff. Nov. 1, 1997.


§26-6-104.  Ballots printed by county election board.

Each county election board shall cause ballots to be printed for county, municipal, school or other local elections at such time as to insure distribution of said ballots to the several precinct election boards within each county prior to election day.  Said board shall cause ballots to be printed for offices in the order they appear in the statutes.  The county election board shall cause a sufficient number of ballots to be printed for each precinct, taking into account the highest percentage of registered voters likely to vote in a given election based on historical experience and other factors, but shall not necessarily require a ballot to be printed for each registered voter.

Added by Laws 1974, c. 153, § 6-104, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 9, eff. March 1, 1992; Laws 1992, c. 247, § 9, emerg. eff. May 21, 1992; Laws 1997, c. 176, § 9, eff. Nov. 1, 1997.


§266105.  Separate ballots for general election.

At the General Election, each ballot card shall contain a separate ballot for the following:  (1) Electors for President and Vice President; (2) United States Senators and United States Representatives; (3) state officers; (4) Justices of the Supreme Court, Judges of the Court of Criminal Appeals and Judges of the Court of Appeals; (5) district judges and associate district judges; (6) state questions; and (7) State Senators, State Representatives, district attorneys and county officers.

Laws 1974, c. 153, § 6105, operative Jan. 1, 1975; Laws 1991, c. 321, § 10, eff. March 1, 1992.

§26-6-106.  Manner of printing ballot cards for general election.

The official ballot card for the General Election shall be printed so that the nominees of the various political parties and nonpartisan candidates will appear in columns.  For each ballot for which there are partisan candidates, the candidates of the recognized parties shall be printed in the first position in lot order followed by candidates of unrecognized parties in lot order followed by independent candidates in lot order.  Candidates of recognized and unrecognized parties shall be printed in the lot order of their respective party.  Each political party shall have the right to select an emblem to be used in designating its candidates on the ballot; provided, however, that no party shall be allowed to use the coat of arms or seal of Oklahoma or of the United States, or the respective flags thereof.  Until changed by resolution of a political party, in state convention, the emblem of the Democratic party shall be a rooster and that of the Republican party an eagle.  Change in a party emblem shall be authorized by the Secretary of the State Election Board only after receipt of written notice of said change by said Secretary from the state central committee of a party.  At the top of each ballot on which there are partisan candidates shall appear the name of each recognized party with the emblem of said party in lot order as prescribed by the Secretary of the State Election Board.  Below said name and emblems shall be a line extending across the entire ballot.  The name of the office entitled to the first place in the column, preceded by the word "for," shall  appear in bold type, as "For Governor".  Immediately after same shall be the names of the nominees for such office printed with the name of the nominee's party followed by candidates who file as Independents for such office printed with the word "Independent".  The list shall be continued down each column, naming the officers in the order in which they are set out by the Constitution and statutes, until all the nominees are given space.  The columns shall be setoff with well defined lines.

Added by Laws 1974, c. 153, § 6-106, operative Jan. 1, 1975.  Amended by Laws 1976, c. 90, § 4, emerg. eff. May 6, 1976; Laws 1991, c. 321, § 11, eff. March 1, 1992; Laws 1997, c. 177, § 2, eff. Nov. 1, 1997.


§26-6-107.  Order of names for absentee ballots for primary.

Immediately following the close of the contest period prescribed by law, the State Election Board shall determine the order in which the name of each candidate for each of the offices shall appear on the absentee ballots printed by said Board for the Primary Election.  The determination shall be at a drawing conducted in a public meeting in which the names of all candidates for each office of each political party shall be drawn from a receptacle.  The determination of the order of names of candidates on absentee ballots printed by county election boards shall be made in the same manner as provided heretofore for the State Election Board.

Laws 1974, c. 153, § 6-107, operative Jan. 1, 1975; Laws 1991, c. 321, § 12, eff. March 1, 1992; Laws 1992, c. 247, § 10, emerg. eff. May 21, 1992.


§266108.  Order of names for absentee ballots for runoff primary.

The candidate receiving the highest number of votes for each office in the Primary Election whose name is required by law to be placed on the Runoff Primary Election ballot shall have his name placed first on absentee ballots for said Runoff Primary Election.

Laws 1974, c. 153, § 6108, operative Jan. 1, 1975.  

§26-6-109.  Order of names for Primary and Runoff Primary.

On all Primary and Runoff Primary Election ballots, except absentee ballots, the names of the candidates for each office shall be rotated in such a manner that all candidates' names appear in each position on said ballots an equal number of times.  Provided, however, the names of candidates for judicial, school, city and town offices shall be placed on the ballot according to lot.

Added by Laws 1974, c. 153, § 6-109, operative Jan. 1, 1975.  Amended by Laws 1992, c. 247, § 11, emerg. eff. May 21, 1992; Laws 1997, c. 176, § 10, eff. Nov. 1, 1997.


§266110.  Separate ballot cards for primary and runoff primary.

The names of candidates of the several political parties shall be printed on separate ballot cards for the Primary and Runoff Primary Elections, and each ballot card shall be a different color.

Laws 1974, c. 153, § 6110, operative Jan. 1, 1975; Laws 1991, c. 321, § 13, eff. March 1, 1992.


§266111.  Stubs for ballots.

All ballots for Primary, Runoff Primary and General Elections shall be printed with a stub so perforated that the ballot may be easily detached therefrom.  Upon the stub shall be printed the number of the stub and the words, "Primary Election Ballot", "Runoff Primary Election Ballot" or "General Election Ballot", as the case may be; in the event of Primary and Runoff Primary Elections, the name of the political party shall be printed above said words.

Laws 1974, c. 153, § 6111, operative Jan. 1, 1975; Laws 1979, c. 240, § 17, emerg. eff. June 1, 1979; Laws 1993, c. 316, § 6, eff. Sept. 1, 1993.


§266112.  Identification of ballot as to precinct.

All ballots for Primary, Runoff Primary and General Elections must be designated in such a manner as the Secretary of the State Election Board may prescribe to achieve the identification of a ballot for a particular precinct.

Laws 1974, c. 153, § 6112, operative Jan. 1, 1975; Laws 1992, c. 247, § 12, emerg. eff. May 21, 1992.


§26-6-113.  Ballots for state questions.

Ballots for state questions shall be printed in such a manner as to include the number of the state question, the ballot title, and the following language, "SHALL THE PROPOSAL BE APPROVED?" followed by the words "FOR THE PROPOSAL - YES" and "AGAINST THE PROPOSAL - NO", one above the other.

Added by Laws 1974, c. 153, § 6-113, Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 14, eff. March 1, 1992; Laws 1997, c. 176, § 11, eff. Nov. 1, 1997.


§266114.  Ballots to be bound.

All ballots for a precinct shall be bound in a book or books, with the precinct identified on the cover of same, or must be designated in such a manner as the Secretary of the State Election Board may prescribe to achieve the same identification of a book for a particular precinct.

Amended by Laws 1983, c. 171, § 9, emerg. eff. June 6, 1983.  

§266115.  Number of ballots.

In every Primary, Runoff Primary and General Election, the Secretary of the State Election Board shall determine the number of ballots to be printed for statewide elections and the secretary of the county election board shall determine the number of ballots to be printed for county, school, municipal and other local elections.

Laws 1974, c. 153, § 6115, operative Jan. 1, 1975; Laws 1992, c. 247, § 13, emerg. eff. May 21, 1992.


§266116.  Absentee ballots.

As soon as practicable, the State Election Board and each county election board, when ballots are printed by a county election board, shall cause to be printed a sufficient number of absentee ballots, prepared as nearly as practical in the same manner as provided for other ballots for the Primary, Runoff Primary and General Elections, in time for said ballots to be issued during the time prescribed by law.

Laws 1974, c. 153, § 6116, operative Jan. 1, 1975; Laws 1991, c. 321, § 15, eff. March 1, 1992.


§26-6-117.  Sample ballot cards.

Sample ballot cards for all elections conducted by any county election board shall be prepared as prescribed by the Secretary of the State Election Board and the words "Sample Ballot" shall be printed in letters at least one-half (1/2) inch high across the face of the ballot card.  Sample ballot cards shall be printed in a sufficient number to be used at each precinct polling place and as otherwise provided by law.

Added by Laws 1974, c. 153, § 6-117, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 16, eff. March 1, 1992; Laws 1995, c. 290, § 8, eff. Nov. 1, 1995.


§26-6-118.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§266119.  Ballots for educational purposes.

It shall be unlawful to print or distribute ballots, or duplicates thereof, except as authorized by law; provided, however, that for educational purposes, the contents of said ballots may be reproduced in sizes of at least twenty percent (20%) smaller than or twenty percent (20%) larger than the official ballots and provided further than such reproductions must bear the words "FOR EDUCATIONAL PURPOSES ONLY".

Laws 1974, c. 153, § 6119, operative Jan. 1, 1975.  

§26-6-120.  Contracts for ballots - Advertising for bids.

The State Election Board is authorized to contract with the Department of Central Services for all ballots required by the State Election Board.  If ballots are not printed by the Department of Central Services, the State Election Board and each county election board, for required ballot printing, shall cause advertisement for bids for printing of all ballots to be made, and shall provide specifications and copy for the ballots.  A contract for printing the ballots shall be awarded to the lowest and best bidder or to the bidder evaluated as "best value" in accordance with the Oklahoma Central Purchasing Act.  The successful bidder shall be required to provide a copy of the bidder's certificate of insurance to the State Purchasing Director or the county purchasing agent, as the case may be, in an amount as specified by the State Purchasing Director or county purchasing agent at the time of contract award to ensure proper and prompt completion of the work in accordance with the provisions of the contract and bidding documents.  The successful bidder shall provide proof of insurance coverage for the duration of the contract.

Added by Laws 1974, c. 153, § 6-120, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 17, eff. March 1, 1992; Laws 1995, c. 290, § 9, eff. Nov. 1, 1995; Laws 1999, c. 88, § 8, emerg. eff. April 13, 1999; Laws 2002, c. 447, § 10, emerg. eff. June 5, 2002.


§26-7-101.  Employees to be allowed time to vote - Penalties.

Every corporation, firm, association or individual hereinafter referred to as "employer" who, on election day, has a registered voter employed or in his service, shall grant the employee two (2) hours of time during the period when the election is open in which to vote, and if such employee be in the county or at such distance from the voting place that more than two (2) hours are required in which to attend such elections, then the employee shall be allowed a sufficient time in which to cast a ballot.  No such employee shall be entitled to such time to vote unless the employee notifies orally or in writing an employer's representative of the employee's intention to be absent, on the day preceding the election day.  Upon proof of voting, such employee shall not be subject to any loss of compensation or other penalty for such absence.  Such employer shall select the hours which such employees are to be allowed in which to attend such elections, and shall notify each of the employees which hours they are to have in which to vote. This section shall not apply to an employee whose work day begins three (3) hours or more subsequent to the time of opening of the polls, or ends three (3) hours or more prior to the time of closing the polls.  The employer may change the work hours to allow such three (3) hours before the beginning of work or after the work hours.  Any employer who fails to comply with this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).

Added by Laws 1974, c. 153, § 7-101, operative Jan. 1, 1975.  Amended by Laws 2000, c. 358, § 9, eff. July 1, 2000.


§267102.  Supplies and ballots provided by State Election Board.

Prior to the day of any Primary, Runoff Primary or General Election, it shall be the duty of the State Election Board to provide for each county election board the supplies and ballots required by law to conduct the election.

Laws 1974, c. 153, § 7102, operative Jan. 1, 1975.  

§26-7-102.1.  Precinct registry - Duty to provide.

Prior to the day of the election, it shall be the duty of the secretary of the county election board to prepare for each precinct where an election is to be held in the county, a precinct registry which shall contain information on all registered voters in the precinct as prescribed by the Secretary of the State Election Board.  The information which is or would be contained in such a registry shall at all times be public information.

Added by Laws 1990, c. 331, § 12, eff. July 1, 1990.


§267103.  Supplies and ballots distributed to precinct inspectors.

Prior to the day of any Primary, Runoff Primary or General Election, it shall be the duty of each county election board to provide for each precinct election board within its jurisdiction the supplies and ballots required by law to conduct the election.  The inspector for each precinct shall sign a form acknowledging receipt of all supplies and ballots for his precinct.

Laws 1974, c. 153, § 7103, operative Jan. 1, 1975.  

§26-7-103.2.  Current list of registered voters.

County election boards shall maintain a current list of all registered voters in each precinct, which will reflect the address and party affiliation of each voter.  Said list shall be public information.

Added by Laws 1990, c. 331, § 13, eff. July 1, 1990.


§267104.  Hours for voting  Conformity with federal law.

A.  At every Primary, Runoff Primary and General Election, each polling place in the state shall open at 7:00 a.m. and shall remain open continuously until 7:00 p.m., and every registered voter of a precinct who presents himself between said hours shall be entitled to vote, as provided by law, provided further, all qualified voters who are in line waiting to vote at 7:00 p.m. shall be allowed to vote.

B.  If any provision of federal law specifies hours for voting in federal elections, the Secretary of the State Election Board shall direct the county election boards to allow voting in all elections held on the same day as such federal elections during the hours specified by federal law.

Amended by Laws 1988, c. 101, § 2, emerg. eff. April 1, 1988.  

§267105.  Delivery of supplies and ballots.

No later than 6:30 a.m. on the day of the election, the precinct election board shall assemble at the polling place.  The inspector shall deliver supplies and ballots required by law for the election at said time.

Laws 1974, c. 153, § 7105, operative Jan. 1, 1975; Laws 1992, c. 247, § 14, emerg. eff. May 21, 1992.


§267106.  Installation of voting booths.

Prior to 7:00 a.m., the inspector shall cause voting booths to be properly installed and other equipment, supplies and ballots to be arranged for the orderly conduct of the election.

Laws 1974, c. 153, § 7106, operative Jan. 1, 1975.

§267107.  Empty ballot box - Tape verifying no counted votes.

When all else is in readiness for the opening of the polls, the inspector shall, in view of the judge, clerk and any registered voters at the polling place, confirm that the ballot box is empty and locked and shall cause the voting device to print out a paper tape to verify that no votes have been counted.  This tape shall remain attached to the voting device and in evidence throughout the voting process.  The key used for obtaining printed totals shall be retained by the inspector.

Laws 1974, c. 153, § 7107, operative Jan. 1, 1975; Laws 1991, c. 321, § 18, eff. March 1, 1992.


§26-7-107.1.  Repealed by Laws 1995, c. 290, § 18, eff. Nov. 1, 1995.

§267108.  Electioneering prohibited.

No person shall be allowed to electioneer within three hundred (300) feet of any ballot box while an election is in progress, nor shall any person or persons, except election officials and other persons authorized by law, be allowed within fifty (50) feet of any ballot box while an election is in progress.  No printed material other than that provided by the election board shall be publicly placed or exposed within three hundred (300) feet of any ballot box, while an election is in progress.

Laws 1974, c. 153, § 7108, operative Jan. 1, 1975.  

§267108.1.  Exit poll  Notice.

Any person desiring to conduct an exit poll within three hundred (300) feet of any ballot box shall notify the secretary of the county election board of his intentions to do so no later than 5 p.m. on the Wednesday preceding the election.

Added by Laws 1987, c. 126, § 1, eff. Nov. 1, 1987.  

§267108.2.  Exit poll pollster  Identification.

Any person conducting an exit poll within three hundred (300) feet of any ballot box, hereinafter referred to as "pollster", shall display identification prescribed by the Secretary of the State Election Board at all times he is conducting the poll.  The identification shall be provided to the pollster by the secretary of the county election board.

Added by Laws 1987, c. 126, § 2, eff. Nov. 1, 1987.  

§26-7-108.3.  Pollster restrictions - Violation deemed misdemeanor.

The prohibition against electioneering contained in Section 7-108 of this title shall apply to any pollster.  No pollster shall be permitted within fifty (50) feet of any ballot box while an election is in progress.  A pollster who violates the law prescribed for pollsters shall be deemed guilty of a misdemeanor.

Added by Laws 1987, c. 126, § 3, eff. Nov. 1, 1987.  Amended by Laws 2004, c. 307, § 5, emerg. eff. May 17, 2004.


§267108.4.  Pollsters  Written polling materials  Restrictions on oral interviews and recordings.

A pollster shall be limited to written polling materials.  Any oral interviews of voters or recording by electronic means shall be no closer than one hundred fifty (150) feet to any ballot box.

Added by Laws 1987, c. 126, § 4, eff. Nov. 1, 1987.  

§267108.5.  Exit polls  Restriction  Voluntariness.

A pollster may approach only voters who have completed their voting concerning participation in the exit poll.  Participation by a voter shall be voluntary.

Added by Laws 1987, c. 126, § 5, eff. Nov. 1, 1987.  

§267109.  Disclosure of vote  Prohibition  Admissibility as evidence.

No person shall, within the election enclosure, disclose to any other person how he voted; nor shall any person expose his ballot to any other person.  Testimony as to how any individual cast his ballot, whether or not said ballot was lawfully cast, shall not be admissible as evidence in any court of law or public hearing in this state.

Laws 1974, c. 153, § 7109, operative Jan. 1, 1975; Laws 1979, c. 61, § 1.  

§267110.  Intoxicating liquor prohibited.

No person shall take intoxicating liquors of any kind or quantity to within onehalf (1/2) mile of any polling place on an election day.  No person shall attend an election or be within three hundred (300) feet of a polling place in an intoxicated condition on an election day.

Laws 1974, c. 153, § 7110, operative Jan. 1, 1975.  

§267111.  Voter must vote ballots issued him.

No person shall vote any ballot except such ballot issued to him by the precinct election board, and each ballot cast must be voted without removing same from the polling place.

Laws 1974, c. 153, § 7111, operative Jan. 1, 1975.  

§26-7-112.  Persons allowed in enclosure - News reporter or photographer.

At no time during the hours of voting shall any person, other than the election officials and other persons authorized by law, be allowed inside the election enclosure except for one registered voter in each voting booth and one other registered voter for each voting booth.  However, a news reporter or photographer may, in the course of covering the election being conducted, be allowed inside the election enclosure for a period not to exceed five (5) minutes.  Such reporter or photographer shall not interfere with voters or election officials and shall neither observe any individual voter while the voter marks a ballot nor photograph any voter who is marking a ballot.

Added by Laws 1974, c. 153, § 7-112, operative Jan. 1, 1975.  Amended by Laws 2004, c. 307, § 6, emerg. eff. May 17, 2004.


§267113.  Order of entering enclosure.

Registered voters shall be permitted to enter the election enclosure in the order in which they present themselves at the door or entrance.

Laws 1974, c. 153, § 7113, operative Jan. 1, 1975.  

§267114.  Procedure for determining eligibility.

Each person presenting himself to vote shall announce his name to the judge of the precinct, whereupon the judge shall determine whether said person's name is in the precinct registry.

Laws 1974, c. 153, § 7114, operative Jan. 1, 1975.  Amended by Laws 1990, c. 331, § 14, eff. July 1, 1990.


§267115.  Absentee ballot affidavit.

If a registered voter has requested an absentee ballot, he shall be required by the judge to sign an affidavit swearing or affirming that he has not cast such absentee ballot and is entitled to vote in person.

Laws 1974, c. 153, § 7115, operative Jan. 1, 1975.  

§26-7-115.1.  Inactive voter address confirmation form.

Before being issued a ballot, an inactive voter shall be required by the judge to complete an address confirmation form prescribed by the Secretary of the State Election Board.

Added by Laws 1997, c. 177, § 3, eff. Nov. 1, 1997.


§26-7-115.2.  Application by mail - Voter identification required.

Registered voters who submitted applications for new voter registration in the county of their residence by mail on or after January 1, 2003, shall be required to provide identification when they vote for the first time in a federal election.  Acceptable forms of identification shall include, but shall not be limited to, a current and valid photo identification, a voter identification card issued by the county election board in acknowledgement of the person's valid voter registration application as required by Section 4-113 of Title 26 of the Oklahoma Statutes, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and address.  Voters who may be subject to the voter identification requirements of this section may submit a copy of one of these forms of identification along with their voter registration application, but they shall not be required to do so.  A voter who submits such identification with a voter registration application shall not be required to show identification when voting as outlined in this section.  Any registered voter subject to the voter identification requirements of this section who is unable to provide one of the acceptable forms of identification when they appear at the precinct polling place on election day or at the in-person absentee polling place on a day of in-person absentee voting is entitled to cast a provisional ballot as provided in Section 8 of this act and to have said ballot counted upon verification of the voter's identity.

Added by Laws 2004, c. 545, § 7, eff. July 1, 2005.


§26-7-116.  Repealed by Laws 2004, c. 545, § 32, eff. July 1, 2005.

The following text remains in effect until July 1, 2005,

at which time it is repealed.

A.  If the precinct registry does not contain a voter's name, or if a precinct official should deny the voter the right to vote, said voter shall be allowed to vote only if the voter presents and surrenders a voter identification card showing the voter to be a registered voter of the precinct to the judge, completes a voter registration application for a residence address within the county and signs an affidavit swearing or affirming that the voter is currently registered and eligible to vote in said precinct and that the voter has not cast an absentee ballot for said election.

B.  If a person alleges to an election official in the county of the person's residence on a day of regular or in-person absentee voting that the person applied to become a registered voter twenty-five (25) days or more prior to the election, the person shall be allowed to vote a ballot for the precinct of the person's residence if:

1.  The county election board secretary of the person's county of residence confirms that a valid application for the person is on file at the county election board office and the application became valid twenty-five (25) days or more prior to the election; and

2.  The person signs an affidavit swearing or affirming that the person applied to become a registered voter of the precinct of the person's residence twenty-five (25) days or more prior to the election.

§26-7-116.1.  Provisional ballots - Persons authorized to use - Counting - Release of information - Retention.

The following text becomes effective July 1, 2005

A.  Provisional ballots shall be available for all elections conducted by the county election board.  Provisional ballots shall include all offices, candidates and questions and shall be identical to the regular ballots for each precinct.  The Secretary of the State Election Board shall promulgate rules and shall prescribe materials necessary for the implementation of provisional ballots.

B.  Persons who are not listed in the precinct registry, but who claim to be registered voters in the precinct and eligible to vote in the election, shall be entitled to vote a provisional ballot upon execution of an affidavit prescribed by the Secretary of the State Election Board.  Registered voters required to show identification before voting for the first time in a federal election, as described in Section 7 of the act and who are unable to show one of the acceptable forms of identification described in said section, shall be entitled to cast a provisional ballot.  Persons identified in Section 14-121 of Title 26 of the Oklahoma Statutes shall be entitled to vote a provisional ballot upon execution of an affidavit prescribed by the Secretary of the State Election Board.  Persons who are listed in the precinct registry for a partisan primary election, but who dispute the political affiliation indicated by said precinct registry, shall be entitled to vote a provisional ballot for a party other than the one indicated.  However, such provisional ballot shall be counted only if evidence is found by the secretary of the county election board of the voter's valid voter registration in the party for which the provisional ballot was cast.

C.  Provisional ballots shall be segregated from the regular ballots cast in the precinct in the manner prescribed by the Secretary of the State Election Board and shall not be inserted in the precinct voting device.  Information provided by a person who votes a provisional ballot shall be investigated by the secretary of the county election board after the election.  A provisional ballot shall be counted only if it is cast in the precinct of the voter's residence and if evidence of the provisional voter's valid voter registration, or of the voter's identity, is found, except a provisional ballot cast by a voter identified in Section 14-121 of Title 26 of the Oklahoma Statutes shall be counted.

D.  No information concerning provisional ballots, except the number of provisional ballots cast in the county, shall be made public by any election official prior to 1:00 p.m. on Friday following the election.  The county sheriff shall secure sealed ballot transfer cases containing provisional ballots that have been counted after 1:00 p.m. on Friday following the election until 5:00 p.m. on Tuesday next succeeding the election or, in the event a recount contest is filed, until such times as said transfer cases are delivered to the district courtroom.

E.  In the event that the secretary of any county election board is unable to complete the investigation and verification of provisional ballots by 1:00 p.m. on Friday following the election, the Secretary of the State Election Board shall be authorized to extend the period for the investigation and verification of provisional ballots.  When such an extension is required by any county for a statewide election, the extension shall apply statewide.  The Secretary shall promulgate rules establishing procedures for requesting and granting such extensions.

F.  All materials used for procuring and casting a provisional ballot shall be retained by the secretary of the county election board for a period of twenty-four (24) months after the day of the election.

Added by Laws 2004, c. 545, § 8, eff. July 1, 2005.


§267117.  Signing precinct registry.

Persons who have been determined to be eligible to vote shall sign, in the presence of the clerk, the proper precinct registry.  Said clerk shall thereupon issue proper ballots to said person.  The voter's signature on said precinct registry shall be the best evidence of said voter's having voted at said election.  Said precinct registry shall be retained in the office of the county election board for a period of twentytwo (22) months following the election and shall be subject to public inspection during regular office hours.

Amended by Laws 1983, c. 171, § 10, emerg. eff. June 6, 1983; Laws 1990, c. 331, § 16, eff. July 1, 1990.


§267118.  Ballots to be marked in voting booth.

The voter shall mark his ballots within a voting booth.  At no time shall more than one person occupy a voting booth, unless specifically authorized by law.

Laws 1974, c. 153, § 7118, operative Jan. 1, 1975.  

§267119.  Manner of voting.

The voter shall vote by marking the ballot as prescribed by the Secretary of the State Election Board for the party of his choice or for the candidates of his choice or for the answer he desires to select on each question.

Laws 1974, c. 153, § 7119, operative Jan. 1, 1975; Laws 1991, c. 321, § 19, eff. March 1, 1992.


§267120.  Secrecy envelopes.

Before leaving the voting booth, the voter may insert his ballot card into a secrecy envelope in such a manner that his votes cannot be seen.  The voter then shall insert his ballot card in the voting device.  The voter thereupon shall immediately leave the polling place.

Laws 1974, c. 153, § 7120, operative Jan. 1, 1975; Laws 1978, c. 80, § 1, operative July 1, 1978; Laws 1991, c. 321, § 20, eff. March 1, 1992; Laws 1993, c. 316, § 7, eff. Sept. 1, 1993.


§267121.  Time limit.

No voter who is voting without assistance may remain in the voting booth more than five (5) minutes if other voters are waiting, nor more than ten (10) minutes in any event.

Laws 1974, c. 153, § 7121, operative Jan. 1, 1975.  

§267122.  Spoiled ballot cards.

Should a voter spoil any ballot in his effort to vote the same, he shall fold the ballot card and return it to the clerk.  The clerk shall destroy said ballot card or cards in the presence of the voter and shall issue said voter another ballot card in the same manner that the first one was provided.  The voter must execute an affidavit prescribed by the Secretary of the State Election Board in which the voter swears or affirms that he spoiled his original ballot card or cards, returned said ballot card or cards to the clerk, that the clerk destroyed the ballot card or cards in his presence and that he was issued a new ballot card or cards.

Laws 1974, c. 153, § 7122, operative Jan. 1, 1975; Laws 1991, c. 321, § 21, eff. March 1, 1992; Laws 1993, c. 316, § 8, eff. Sept. 1, 1993.


§267123.1.  Physical inability to enter election enclosure  Oath  Assistance.

When any voter states that he is able to reach the location of the polling place, but because of a physical disability or infirmity other than visual is unable to enter the election enclosure, the inspector shall administer an oath to said voter in which said voter shall swear to or affirm the fact of such disability or infirmity. Should a voter so qualify himself, it shall be the duty of two (2) members of the precinct election board, of different political parties, to give said voter such assistance as he needs in voting. Such assistance shall afford as much privacy to the voter in marking his ballots as is practical.  The precinct election board members assisting in such voting shall make a written record of the circumstances involved.

Laws 1981, c. 116, § 1, operative July 1, 1981.  

§267123.3. Voter who requires assistance to vote.

Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.  The Secretary of the State Election Board shall prescribe procedures to be used that require such voters to swear or affirm that such assistance is required and that require the person providing such assistance to swear or affirm that the voter's ballots are being voted in accordance with the voter's wishes.

Added by Laws 1983, c. 171, § 23, emerg. eff. June 6, 1983.  

§267125.  Procedure for counting.

When counters are authorized for an election, said counters shall be permitted to begin the count at 10:00 a.m., or at a time designated by the county election board, and after said counters have cast their own ballots.  The inspector shall cause the ballot box to be shaken so as to mix the voted ballots, then shall join the judge and clerk in opening said ballot box.  The counters shall remove the ballots and shall proceed to count them in a secure, private, adjacent area.  The clerk shall record the number of voters who have received ballots at the beginning of the official count.  As often as necessary throughout the day, the aforementioned procedure shall be repeated, provided no fewer than twelve voters have received ballots since the last time the ballot box was opened.  Provided, however, that in the event no counters are authorized and voting devices are not used, the precinct election board shall conduct the count.  In such case, the count may not begin until after the polls have closed.

Laws 1974, c. 153, § 7125, operative Jan. 1, 1975; Laws 1991, c. 321, § 22, eff. March 1, 1992.


§26-7-126.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§267127.  Rules governing counting.

The following rules shall govern the counting and recounting of votes:

1.  If the name of any person is written on a ballot, said name shall not be counted;

2.  Any mark prescribed by the Secretary of the State Election Board made by voters indicating the voter's choice of party, candidate or issue on a ballot shall be valid.  Such marking shall be hereinafter referred to as "valid markings".  Such valid markings located otherwise on the ballot shall not be counted;

3.  Marks used to designate the intention of the voter, other than those herein defined as valid markings, shall not be counted;

4.  Failure to properly mark a ballot as to one or more candidates or questions shall not of itself invalidate the entire ballot if the same has been properly marked as to other candidates or questions;

5.  A valid marking marked for a political party shall be counted as a vote for each of said political party's candidates on that ballot, except that a valid marking marked for a candidate's name shall take precedence, for that office, over a valid marking for a political party.  Provided, further, that if valid markings are marked for more than one political party on a ballot, said ballot shall not be counted for any party offices thereon; and

6.  Any ballot or part of a ballot on which it is impossible to determine the voter's choice of candidate shall be void as to the candidate or candidates thereby affected.

Amended by Laws 1983, c. 171, § 11, emerg. eff. June 6, 1983; Laws 1991, c. 321, § 23, eff. March 1, 1992.


§26-7-128.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-7-129.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§267129.1.  Ballots mutilated by electronic counting equipment to be counted.

In the event ballots are counted electronically by a voting device, writing or other marks on the ballot shall not invalidate a ballot or any portion of the ballot, provided the ballot is properly marked otherwise so that it may be counted by the voting device according to law.

Added by Laws 1984, c. 38, § 1, operative July 1, 1984.  

§267129.2.  Substitute ballot cards.

In the event a ballot card is mutilated by the voting device and thus not counted during the counting process, then two members of the precinct or county election board of different political party affiliations shall be authorized to mark a substitute ballot card in identical fashion, insofar as is possible.  In the event a ballot card is mutilated to such an extent that the two members cannot agree upon how it was marked, it shall be invalidated.  Once so marked, the substitute ballot card shall be entered for counting into the voting device.  A written record of such action shall be made by the two precinct or county election board members.

Added by Laws 1984, c. 38, § 2, operative July 1, 1984.  Amended by Laws 1991, c. 321, § 24, eff. March 1, 1992.


§26-7-130.  Watchers - Commission - Duties - Violation deemed misdemeanor.

Any candidate or any recognized political party shall be entitled to have a watcher present at any place where an official count is being conducted.  Such watcher must be commissioned in writing by the candidate, or by the chair of the recognized political party of the county in which the watcher is being authorized.  Such commission must be filed with the secretary of the appropriate county election board no later than 5:00 p.m. on Wednesday preceding the election.  Watchers must subscribe to an oath to observe all laws and rules prescribed for watchers as hereinafter provided.  Such oath must be administered by the inspector of the precinct in which the watcher is authorized.  Watchers shall be entitled to observe the voting device both before the polls are opened and after the polls are closed; provided, further, that such watchers shall not be present at the polling place at other times.  Watchers may be commissioned to observe voting device testing and to accompany personnel assigned to repair or maintain machines during the period of the election.  In such case, the watchers shall be limited to observing the repair or maintenance work being performed and making a written record of such work.  Any watcher who violates the law prescribed for watchers shall be deemed guilty of a misdemeanor.  Each absentee ballot shall state clearly that it is illegal to charge a fee for the use of a notary public for certifying an absentee ballot.

Added by Laws 1974, c. 153, § 7-130, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 13, emerg. eff. June 6, 1983; Laws 1990, c. 306, § 5, emerg. eff. May 30, 1990; Laws 1991, c. 321, § 25, eff. March 1, 1992; Laws 1995, c. 290, § 11, eff. Nov. 1, 1995; Laws 2004, c. 307, § 7, emerg. eff. May 17, 2004.


§267132.  Certificate of vote - Electronic results of vote data pack.

After the last voter has voted, the inspector shall insert the key in the voting device and obtain a number, prescribed by the Secretary of the State Election Board, of printouts of results from the vote data pack.  The inspector, judge and clerk shall each sign all printouts which shall be certificates that the results are true and correct.  The printed certificate of vote and electronic results of the vote data pack shall be official results of the precinct.  The inspector shall cause one copy of each certificate to be posted on the door or entrance of the polling place and shall cause one copy of each certificate to be transmitted forthwith to the Secretary of the State Election Board.

Laws 1974, c. 153, § 7132, operative Jan. 1, 1975; Laws 1991, c. 321, § 26, eff. March 1, 1992.


§26-7-132.1.  Voting devices - Certificate of vote and electronic result.

In counties using voting devices, after the last voter has voted, the Inspector shall insert the key in the voting device and obtain a number, prescribed by the Secretary of the State Election Board, of printouts of results from the vote data pack.  The inspector, judge and clerk shall each sign all printouts which shall be certificates that the results are true and correct.  The printed certificate of vote and electronic results of the vote data pack shall be the official results of the precinct.  The inspector shall cause one copy of each certificate to be posted on the door or entrance of the polling place and shall cause one copy of each certificate to be transmitted forthwith to the Secretary of the State Election Board.

Added by Laws 1991, c. 2, § 4, emerg. eff. Feb. 25, 1991.


§26-7-132.2.  Voting devices - Removal and transfer of vote data pack.

In counties using voting devices, after vote data pack results have been printed, the voting device shall be unlocked and the seal removed from the vote data pack compartment.  The vote data pack shall be removed and prepared for transfer to the county election board as prescribed by the Secretary of the State Election Board.

Added by Laws 1991, c. 2, § 5, emerg. eff. Feb. 25, 1991.


§267133.  Ballot cards - Certificate of vote - Return to county election board.

After certificates of vote have been printed, the ballot box shall be unlocked and all ballot cards and a copy of the signed certificate of vote shall be placed in a transfer case.  Said transfer case shall be sealed, and the inspector shall return it, along with all other election materials and a copy of the certificate of vote, forthwith to the county election board.

Laws 1974, c. 153, § 7133, operative Jan. 1, 1975; Laws 1991, c. 321, § 27, eff. March 1, 1992.


§26-7-133.1.  Voting devices - Ballot cards and certificate of vote placed in transfer case - Transfer to county election board.

In counties using voting devices, after certificates of vote have been printed, the ballot box shall be unlocked and all ballot cards and a copy of the signed certificate of vote shall be placed in a transfer case.  Said transfer case shall be sealed, and the inspector shall return it, along with all other election materials and a copy of the certificate of vote, forthwith to the county election board.

Added by Laws 1991, c. 2, § 6, emerg. eff. Feb. 25, 1991.


§267134.  Retention of transfer case.

The county election board shall not disturb anything in the transfer case, and the case shall remain sealed and retained by the secretary of the county election board until opened by court order or until it is necessary to open same for use at another election, at which time the ballots shall be destroyed; provided, however, that in no case shall the ballot cards be destroyed until thirty (30) days after the election at which they were cast.

Laws 1974, c. 153, § 7134, operative Jan. 1, 1975; Laws 1991, c. 321, § 28, eff. March 1, 1992.


§26-7-134.1.  Voting devices - Recounts.

In counties using voting devices, if on election night the uncounted ballot cards in a precinct exceed two percent (2%) of the total number of persons voting in the precinct or if the voting device has malfunctioned in such a way that there are no totals on the printout or if the printout is illegible, the county election board is authorized to open the transfer case and recount the ballots on a preassigned voting device in public view and in the presence of a representative of the sheriff's office.  Upon completion of the recount the transfer case shall be resealed by members of the county election board.

Added by Laws 1991, c. 2, § 7, emerg. eff. Feb. 25, 1991.


§26-7-135.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-7-136.  Canvassing returns.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

The county election board shall convene at the county courthouse, or at such other place as the county election board may designate on the day of each election, for the purpose of receiving the official precinct returns and shall remain in session until such precinct returns are all delivered.  The board shall cause to be accumulated and listed the results of such election, as the official precinct returns are received, in a manner and upon forms prescribed by the Secretary of the State Election Board.  The county election board shall use such precinct returns to certify the results of such election for county officers and questions and shall transmit electronically or in writing as prescribed by the Secretary of the State Election Board after 5 p.m. on Friday following the election to the State Election Board the completed county returns for all state officers and questions.  Such county returns shall be prima facie evidence of the correctness of the result in the several counties.  The State Election Board shall use such county returns to certify the results of such election for all state officers and questions after 5 p.m. on Tuesday next succeeding the election.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

The county election board shall convene at the county courthouse, or at such other place as the county election board may designate on the day of each election, for the purpose of receiving the official precinct returns and shall remain in session until said precinct returns are all delivered.  The board shall cause to be accumulated and listed the results of such election, as the official precinct returns are received, in a manner and upon forms prescribed by the Secretary of the State Election Board.  The county election board shall use such precinct returns to certify the results of such election for county officers and questions and shall transmit electronically or in writing as prescribed by the Secretary of the State Election Board immediately to the State Election Board the completed county returns for all state officers and questions.  Such county returns shall be prima facie evidence of the correctness of the result in the several counties.  The State Election Board shall use such county returns to certify the results of such election for all state officers and questions.

Added by Laws 1974, c. 153, § 7-136, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 29, eff. March 1, 1992; Laws 2004, c. 545, § 9, eff. July 1, 2005.


§267137.  Methods of sealing.

The State Election Board shall prescribe methods of sealing all ballots, all certificates of vote and all materials used in recording the count of the ballots in such a manner that any tampering with, or altering of same after said sealing has been accomplished can be detected.

Laws 1974, c. 153, § 7137, operative Jan. 1, 1975.  

§26-7-138.  Credit for voting.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Following the election, the secretary of the county election board shall cause each registered voter who cast a ballot to be credited with voting in said election according to procedures specified by the Secretary of the State Election Board.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Following the election, the secretary of the county election board shall cause each voter who cast a ballot to be credited with voting in said election according to procedures specified by the Secretary of the State Election Board.

Added by Laws 1990, c. 331, § 17, eff. July 1, 1990.  Amended by Laws 2004, c. 545, § 10, eff. July 1, 2005.


§268101.  Certifying nominees.

The county election board shall certify a list of nominees of each political party for county offices following the Primary and Runoff Primary Elections.  The State Election Board shall certify a list of nominees of each political party for the offices for which the Board accepts filings of Declarations of Candidacy following the Primary and Runoff Primary Elections.

Laws 1974, c. 153, § 8101, operative Jan. 1, 1975.  

§268102.  Certificates of nomination not required.

Neither the State Election Board nor the county election board shall be required to provide Certificates of Nomination to candidates.

Laws 1974, c. 153, § 8102, operative Jan. 1, 1975.  

§26-8-103.  Certificates of election.

The county election board shall certify a list of successful candidates for county offices and shall provide Certificates of Election to the same following the General Election, except that Certificates of Election may be issued to unopposed candidates after 5 p.m. on the second day following the close of the filing period.  The State Election Board shall certify a list of successful candidates for offices for which the Board accepts filings of Declarations of Candidacy and shall provide Certificates of Election to the same following the General Election, except that Certificates of Election may be issued to unopposed candidates after 5 p.m. on the second day following the close of the filing period.

Added by Laws 1974, c. 153, § 8-103, operative Jan. 1, 1975.  Amended by Laws 1999, c. 88, § 9, emerg. eff. April 13, 1999.


§268104.  Lists and certificates to be prescribed by Secretary of State Election Board.

The lists and certificates prescribed in Section 8103 of this act shall be prescribed by the Secretary of the State Election Board.

Laws 1974, c. 153, § 8104, operative Jan. 1, 1975.  

§26-8-105.  Tie votes.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  When a tie vote is certified in the nomination or election of any candidate in any Runoff Primary, General Election or any Primary Election, the election board which is authorized by law to issue the certified list or certificate of election shall, at a public meeting of the board and in the presence of the candidates involved or their designee, if they or any of them desire to be present, select the nominee or electee by lot.

B.  When a nominee or electee is to be selected by lot pursuant to the provisions of this section, the following procedures shall be observed:

1.  The secretary of the appropriate election board shall, on or before the tenth day following the election, notify each of the tying candidates for which the vote was tied.  The notice shall include the time, date and location of the selection, shall be made in writing by registered or certified mail and shall be postmarked not fewer than five (5) days prior to the meeting;

2.  A candidate may designate one person as a witness to attend the meeting on the candidate's behalf.  The designation shall be made in writing, signed by the candidate and presented to the secretary of the appropriate election board;

3.  The secretary of the appropriate election board shall, in full view of those present at the meeting, clearly write or print the name of each tied candidate on separate pieces of paper measuring approximately equal size.  The names of the candidates shall be written or printed on the same color and type of paper.  The papers shall be folded in half one time so that the written names are not visible and shall be placed into a container selected by the secretary of the appropriate election board;

4.  The secretary shall draw, or may designate a person other than the candidates, witnesses or other person directly interested in the election to draw, one paper, and the name of the nominee or electee appearing on the first drawn paper shall be declared the winner.  The secretary shall then expose the other name or names not drawn to all witnesses present; and

5.  The meeting shall be held on a weekday, holidays excepted, between the hours of 7:00 a.m. and 7:00 p.m.

C.  When there are three (3) or more candidates and a tie for first place occurs for the nomination of a candidate at a Primary Election for which a Runoff Primary will be held, the names of the tied candidates shall be placed on the Runoff Primary ballot.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  When a tie vote is certified in the nomination or election of any candidate in any Runoff Primary, General Election or any Primary Election, the election board which is authorized by law to issue the certified list or certificate of election shall, at a public meeting of the board and in the presence of the candidates involved or their designee, if they or any of them desire to be present, select the nominee or electee by lot.

B.  When a nominee or electee is to be selected by lot pursuant to the provisions of this section, the following procedures shall be observed:

1.  The secretary of the appropriate election board shall, on or before the seventh day following the election, notify each of the tying candidates for which the vote was tied.  The notice shall include the time, date and location of the selection, shall be made in writing by registered or certified mail and shall be postmarked not fewer than five (5) days prior to the meeting;

2.  A candidate may designate one person as a witness to attend the meeting on the candidate's behalf.  The designation shall be made in writing, signed by the candidate and presented to the secretary of the appropriate election board;

3.  The secretary of the appropriate election board shall, in full view of those present at the meeting, clearly write or print the name of each tied candidate on separate pieces of paper measuring approximately equal size.  The names of the candidates shall be written or printed on the same color and type of paper.  The papers shall be folded in half one time so that the written names are not visible and shall be placed into a container selected by the secretary of the appropriate election board;

4.  The secretary shall draw, or may designate a person other than the candidates, witnesses or other person directly interested in the election to draw, one paper, and the name of the nominee or electee appearing on the first drawn paper shall be declared the winner.  The secretary shall then expose the other name or names not drawn to all witnesses present; and

5.  The meeting shall be held on a weekday, holidays excepted, between the hours of 7:00 a.m. and 7:00 p.m.

C.  When there are three (3) or more candidates and a tie for first place occurs for the nomination of a candidate at a Primary Election for which a Runoff Primary will be held, the names of the tied candidates shall be placed on the Runoff Primary ballot.

Added by Laws 1974, c. 153, § 8-105, operative Jan. 1, 1975.  Amended by Laws 1988, c. 72, § 1, eff. Jan. 1, 1989; Laws 1991, c. 129, § 2, eff. Sept. 1, 1991; Laws 2000, c. 358, § 10, eff. July 1, 2000; Laws 2004, c. 545, § 11, eff. July 1, 2005.


§26-8-106.  Time for issuing lists or certificates.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

No lists or certificates provided for in Section 8-103 of this title shall be issued either by the county election board or State Election Board before 5:00 p.m. Friday next following a Primary, Runoff Primary or General Election.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

No such lists or certificates shall be issued either by the county election board or State Election Board before 5:00 p.m. Friday next following a Primary, Runoff Primary or General Election.

Added by Laws 1974, c. 153, § 8-106, operative Jan. 1, 1975.  Amended by Laws 2004, c. 545, § 12, eff. July 1, 2005.


§268107.  Right to certificate.

Right to a Certificate of Election shall not be considered a property right to any extent whatsoever, unless and until such right to such certificate shall be determined, and such certificate issued as hereinafter provided.

Laws 1974, c. 153, § 8107, operative Jan. 1, 1975.  

§268108.  Lists and certificates to be issued.

If no contest shall be filed by 5:00 p.m. Friday next following an election, the county election boards and State Election Board shall declare the result of such election and shall issue the appropriate lists or certificates to the successful party as provided by law.  Provided, however, that no such lists or certificates shall be issued until the total of all returns has been verified, and a complete tabulation thereof made.

Laws 1974, c. 153, § 8108, operative Jan. 1, 1975.  

§268109.  Time for filing contest  Contests alleging irregularities or fraud.

Any candidate whose name appeared on a Primary, Runoff Primary or General Election ballot, or any individual authorized to request a recount pursuant to Section 8111 of this title may, at any time before 5:00 p.m. Friday next following an election, contest the correctness of the announced results of said election by filing a written petition with the appropriate election board.  Contests alleging irregularities or fraud shall not be permitted in any election except those in which candidates are seeking office. Nothing in this section shall be construed to prohibit any proceedings in district court, which are otherwise authorized by law, alleging irregularities or fraud in an election.

Laws 1974, c. 153, § 8109, operative Jan. 1, 1975.  

§26-8-110.  Sheriff to provide security for ballot boxes or transfer cases.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

It shall be the duty of the sheriff in each county to provide security for the ballot boxes or transfer cases from the time said ballot boxes or transfer cases are stored by the county election board following an election until the election results have been certified or, in the event a recount contest is filed, until such time as said ballot boxes or transfer cases are delivered to the district courtroom.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

It shall be the duty of the sheriff in each county to provide security for the ballot boxes or transfer cases from the time said ballot boxes or transfer cases are stored by the county election board following an election until 5:00 p.m. Friday next following the election or, in the event a recount contest is filed, until such time as said ballot boxes or transfer cases are delivered to the district courtroom.

Added by Laws 1974, c. 153, § 8-110, operative Jan. 1, 1975.  Amended by Laws 1991, c. 321, § 30, eff. March 1, 1992; Laws 2004, c. 545, § 13, eff. July 1, 2005.


§26-8-111.  Petition for recount - Deposit required - Service of notice - Recounts of issue or question elections.

A.  In the event a candidate or individual authorized to request a recount requests a recount of the ballots cast in an election, it must set forth in the petition the precincts and absentee ballots which are to be recounted.  Said petition must be accompanied by either a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for each county affected by the petition.  The candidate or individual may indicate in the petition requesting the recount that said candidate or individual desires to have the ballots recounted manually.  Failure by the candidate or individual to state such preference for a manual recount in the petition shall result in a recount by electronic voting devices.  If the candidate or individual requests that the ballots be recounted manually, the petition must be accompanied by a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for the first three thousand (3,000) ballots and Six Hundred Dollars ($600.00) for each additional six thousand (6,000) ballots or fraction thereof, to be recounted for each county affected.  If the petition for a manual recount is filed with the State Election Board, the petition must be accompanied by a cashier's check in the amount of Three Hundred Dollars ($300.00) in addition to the amount required above.  When such petition is properly filed, it shall be the duty of the secretary of the appropriate election board to order said recount to begin not less than three (3) nor more than ten (10) days from the date of filing of said petition.  In elections involving candidates, it shall be the duty of such contestant to cause to be served upon the opposing candidate or candidates, and directly affected by said contest, a true copy of said petition and a true copy of said order.  Service shall be made in person where possible, within twenty-four (24) hours after the filing of said original petition of contest.  Service shall be made by the sheriff of the county as to all offices, except that of sheriff, in which case the same shall be served by the county clerk and the certificate of returns of such sheriff or county clerk, showing the inability to make such service within the above-mentioned time, shall be deemed sufficient proof of the absence of such candidate, or candidates, or the inability to serve such notice upon the candidate, and to justify the constructive service hereafter provided.  Where personal service is impossible, within said time, it is hereby made the duty of said contestant to serve said true copies upon the secretary of the appropriate election board.  Provided that for the purpose of such constructive service, the secretaries of the county election boards are hereby made and constituted the service agents for all contests of elections filed in accordance herewith.  By filing declaration of candidacy for election, a candidate shall thereby be conclusively presumed to have accepted the terms and provisions hereof and specifically the aforesaid constructive service.  When constructive service becomes necessary, said constructive service shall be made at the date, time and place of said hearing.

B.  For elections on issues or questions when no candidate is involved and a majority is required for approval, recounts shall be authorized only when:

1.  The margin of votes between those for and those against the issue is one hundred fifty (150) or less when fifteen thousand (15,000) or more total votes are counted for and against the issue or question; or

2.  The margin of votes between those for and those against the issue is one percent (1%) or less of the total number of votes cast on the issue when fourteen thousand nine hundred ninety-nine (14,999) or fewer total votes are cast for and against the issue or question.

Provided, furthermore, that a recount is authorized only after an individual, who is a registered voter and who participated in the election, presents to the appropriate county election board a petition signed by one hundred fifty (150) registered voters who participated in the election when fifteen thousand (15,000) or more total votes are counted for and against the question, or if fourteen thousand nine hundred ninety-nine (14,999) or fewer votes are cast for and against the issue, by a number of registered voters who participated in the election equal to one percent (1%) or more of the total votes cast for and against the issue.

C.  For elections on issues or questions when no candidate is involved and more than a majority is required for approval, recounts shall be authorized only when:

1.  The margin of votes between those for the issue and the number required for approval is one hundred fifty (150) or less when fifteen thousand (15,000) or more total votes are counted for and against the issue or question; or

2.  The margin of votes between those for the issue and the number required for approval is one percent (1%) or less of the total number of votes cast on the issue when fourteen thousand nine hundred ninety-nine (14,999) or fewer total votes are cast for and against the issue or question.

Provided, furthermore, that a recount is authorized only after an individual, who is a registered voter and who participated in the election, presents to the appropriate county election board a petition signed by one hundred fifty (150) registered voters who participated in the election when fifteen thousand (15,000) or more total votes are counted for and against the question, or if fourteen thousand nine hundred ninety-nine (14,999) or fewer votes are cast for and against the issue, by a number of registered voters who participated in the election equal to one percent (1%) or more of the total votes cast for and against the issue.

D.  Within twenty-four (24) hours after a petition required in subsections B and C of this section is filed, not counting Saturday, Sunday or legal holidays, the secretary of the county election board who received the petition shall determine, pursuant to rules promulgated by the Secretary of the State Election Board, if the petition contains a sufficient number of valid signatures of registered voters who participated in the election.

E.  Recounts of issue or question elections shall not be permitted of any statewide election.

Added by Laws 1983, c. 171, § 14, emerg. eff. June 6, 1983.  Amended by Laws 1989, c. 289, § 2, emerg. eff. May 24, 1989; Laws 1991, c. 321, § 31, eff. March 1, 1992; Laws 1997, c. 176, § 12, eff. Nov. 1, 1997; Laws 1999, c. 88, § 10, emerg. eff. April 13, 1999; Laws 2002, c. 447, § 11, emerg. eff. June 5, 2002.


§26-8-111.1.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§268112.  Conduct of recount  Duties of presiding judge.

Once service has been accomplished, the recount shall commence pursuant to the order executed by the secretary of the appropriate election board.  In the event of a recount for an office under the jurisdiction of the State Election Board, the actual recount of ballots shall be conducted by the county election board or boards as assigned by the Secretary of the State Election Board.  The recount shall be conducted in the courtroom of the district court in the county or counties for which the recount is requested, and it shall be the duty of a judge of said court in and for said county to attend and, in conjunction with said county election board, conduct such recount.  It shall be the exclusive and sole duty of said judge to hear evidence as to whether the ballots have been preserved in the manner and by the officers prescribed by law, and as to whether they are the identical ballots cast by the voters, and that they have not been exposed to the reach of unauthorized persons, as to afford a reasonable opportunity of their having been changed or tampered with.  The judgment of said court upon such questions shall be final and conclusive.  If the court cannot determine that the ballots have been properly preserved, then no recount shall be conducted.  If the judgment of the court is that the ballots have been properly preserved, then the recount of the ballots shall be conducted immediately thereafter under the exclusive supervision of the county election board.

Laws 1974, c. 153, § 8112, operative Jan. 1, 1975.  

§268113.  Agents for candidates.

The candidate or individual authorized to request a recount pursuant to Section 8111 of this title shall be authorized to commission in writing no more than one agent in each county wherein the recount is being conducted to act in his behalf.  Said commission shall be filed with the secretary of the appropriate county election board.  The same authority shall be granted to any contestee.  Such agent, or agents, shall have full authority to act on behalf of the contestant he is commissioned to represent in the absence of said contestant.

Laws 1974, c. 153, § 8113, operative Jan. 1, 1975.  

§26-8-114.  Procedure for recount - Watchers.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  If a recount is to be conducted using electronic voting devices, the devices used shall be tested for accuracy by the county election board, giving all contestants, or their agents, an opportunity to view the testing procedure.  In conducting a recount using electronic voting devices, the county election board shall open the transfer cases containing regular ballots and counted provisional ballots from each requested precinct or for absentee ballots individually and shall assign said ballot cards to one or more voting devices operated by persons appointed by the secretary of the county election board.  The county election board shall supervise such counting and its decision shall be final in all cases.  Each contestant is entitled to have a watcher present at each place where a voting device is being used.  Said watcher shall be limited to a challenge, in writing, of any action taken by operators of the voting devices.  Such challenge shall be made immediately to the county election board, whose decision on said challenge shall be final.

B.  In conducting a manual recount of ballots, the county election board shall open the transfer cases containing regular ballots and counted provisional ballots from each requested precinct or for absentee ballots individually and shall assign said ballot cards to a group of counters appointed by the secretary of the county election board.  Counters shall then conduct the recount in the same manner as provided by law for counting ballots in Primary, Runoff Primary and General Elections.  The county election board shall supervise such counting and its decision shall be final in all cases.  Each candidate affected by or individual petitioning for the recount is entitled to have a watcher present at each place where a count is being made.  Said watcher shall be limited to a challenge, in writing, of any decision made by the counters with regard to counting of a ballot.  Such challenge shall be made immediately to the county election board, whose decision on said challenge shall be final.  Each group of counters shall have representation of at least two political parties, where possible.  Said counters shall be appointed from among the registered voters of the county and shall meet such qualifications as may be imposed for a precinct inspector, judge or clerk.  Counters shall be paid on the same basis as precinct judges and clerks are paid for Primary, Runoff Primary or General Elections.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  If a recount is to be conducted using electronic voting devices, the devices used shall be tested for accuracy by the county election board, giving all contestants, or their agents, an opportunity to view the testing procedure.  In conducting a recount using electronic voting devices, the county election board shall open the transfer cases from each requested precinct or for absentee ballots individually and shall assign said ballot cards to one or more voting devices operated by persons appointed by the secretary of the county election board.  The county election board shall supervise such counting and its decision shall be final in all cases.  Each contestant is entitled to have a watcher present at each place where a voting device is being used.  Said watcher shall be limited to a challenge, in writing, of any action taken by operators of the voting devices.  Such challenge shall be made immediately to the county election board, whose decision on said challenge shall be final.

B.  In conducting a manual recount of ballots, the county election board shall open the transfer cases from each requested precinct or for absentee ballots individually and shall assign said ballot cards to a group of counters appointed by the secretary of the county election board.  Counters shall then conduct the recount in the same manner as provided by law for counting ballots in Primary, Runoff Primary and General Elections.  The county election board shall supervise such counting and its decision shall be final in all cases.  Each candidate affected by or individual petitioning for the recount is entitled to have a watcher present at each place where a count is being made.  Said watcher shall be limited to a challenge, in writing, of any decision made by the counters with regard to counting of a ballot.  Such challenge shall be made immediately to the county election board, whose decision on said challenge shall be final.  Each group of counters shall have representation of at least two political parties, where possible.  Said counters shall be appointed from among the registered voters of the county and shall meet such qualifications as may be imposed for a precinct inspector, judge or clerk.  Counters shall be paid on the same basis as precinct judges and clerks are paid for Primary, Runoff Primary or General Elections.

Added by Laws 1974, c. 153, § 8-114, operative Jan. 1, 1975.  Amended by Laws 1989, c. 289, § 5, emerg. eff. May 24, 1989; Laws 1991, c. 321, § 32, eff. March 1, 1992; Laws 2004, c. 545, § 14, eff. July 1, 2005.


§26-8-114.1.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§268115.  Certification of results - Ties involving candidates.

When all the ballots have been counted, the county election board shall tabulate the votes and shall certify the results.  In the case of county office, said certification shall be used to issue appropriate lists and certificates.  In the case of state or district office, copies of said certification shall be transmitted immediately to the State Election Board, whose duty it shall be to retabulate all pertinent county returns and issue appropriate lists and certificates.

In the event of a tie involving candidates, the election board authorized by law to issue the certified list or certificate of election shall, at the meeting called to conduct the recount or to issue the certified list or certificate of election, in the presence of the candidates involved, if they or any of them desire to be present, select the nominee or electee by lot substantially as prescribed in paragraphs 3 and 4 of Section 8-105 of this title.

Laws 1974, c. 153, § 8115, operative Jan. 1, 1975; Laws 1992, c. 247, § 15, emerg. eff. May 21, 1992.


§268116.  Recount may cease  Rights of contestee.

Should the contestant at any time during the proceeding desire that the recount be terminated, he may announce the same to the county election board.  In such event, the recount shall end at that point, and any changes be made a part of the certificate of vote. Provided further, however, that should any contestee desire that the recount continue, he may petition in writing at the time of said announcement for the remainder of the ballots in that county to be recounted.  Said petition must be filed immediately with the county election board conducting said recount, and petition must be accompanied by either a cashier's check or certified check in an amount equal to the deposit made by the contestant to conduct the recount.  If said recount was ordered by the Secretary of the State Election Board, said check shall be transmitted forthwith to the State Election Board.  In the event contestee files such petition, the recount shall continue until such time as all the ballots in said county have been recounted, and the recount is complete. Recounts of issue or question elections shall not cease until all precincts and absentee ballots in the designated county or counties have been recounted.

Amended by Laws 1987, c. 86, § 1, eff. Nov. 1, 1987; Laws 1989, c. 289, § 6, emerg. eff. May 24, 1989.  

§268116.1.  Counting of all ballots in precinct upon recount  Application of section.

When a recount is initiated, all ballots in the precinct involved must be counted, and neither party to the recount shall be allowed to terminate the recount process until all such ballots have been recounted.  This provision shall apply to all elections.

Added by Laws 1987, c. 86, § 2, eff. Nov. 1, 1987.  

§268117.  Expenses of recount.

Deposits accompanying petitions shall be used by the appropriate election board to defray the actual expenses of said recount.  Expenses shall include mileage and salaries of the county election board members, which shall be made on a per diem basis at the same rate as for normal compensation; salaries for counters deemed necessary by the secretary of said board to conduct an expedient and accurate recount; the expense of service of process; court reporter fees and transcript expense; travel reimbursement for the court reporter and the presiding judge; mileage and per diem of witnesses; and for all other actual and necessary expenses.  The balance, if any, shall be returned to said contestant.  In the event said contestant is successful in said recount, said deposit shall be returned to said contestant, and the expense of said recount shall be borne by the county or state, as the case may be.

Laws 1974, c. 153, § 8117, operative Jan. 1, 1975.  

§26-8-118.  Election contested due to fraud or other irregularity.

In the event a candidate contests the correctness of the announced results of an election by alleging either fraud or any other irregularities, the secretary of the election board receiving the petition shall set a hearing in the same manner as provided for recounts.  Provisions for service of notice shall be the same as for recounts.

The district judge conducting the hearing or such other judge as may be assigned by the Supreme Court shall have the authority to issue subpoenas and compel the attendance of witnesses and the production of evidence.

Added by Laws 1974, c. 153, § 8-118, operative Jan. 1, 1975.  Amended by Laws 1983, c. 171, § 15, emerg. eff. June 6, 1983; Laws 2000, c. 358, § 11, eff. July 1, 2000.


§268119.  Petition alleging fraud  Procedure.

When a petition alleging fraud is filed, said petition must be accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for each county in which fraud is alleged to have occurred, running in favor of the contestee and conditioned upon payment of any and all liabilities or judgments arising from the contest so filed.  In said petition, contestant must allege that fraud occurred in certain precincts or in the casting of absentee ballots.  He must further allege the name of the precincts wherein such fraud occurred, the specific act constituting such alleged fraud and the names of the alleged perpetrators of such fraud.  If such petition is filed in the manner herein provided, the district judge of the county in which the alleged fraud occurred, or such other judge as may be assigned by the Supreme Court, shall hear and determine said issue without delay or continuance of more than one (1) day.  On the day of such hearing, the contestee may file answer to such petition or may file cross petition, setting forth in detail, as required of a petitioner herein, such claim of fraud.  An original petition or cross petition must be under oath and under penalty of perjury. The judge shall try and determine the issues formed by such pleadings and render such judgment as he may deem just and proper, according to the evidence submitted.  The decision of said district judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished the appropriate election board.  In any case where fraud is proved on the part of a candidate, he shall be declared ineligible for the office for which he was a candidate.  In all cases where a petition is filed which alleges fraud, but after hearing said allegations are not reasonably sustained by competent evidence, the contestant shall be civilly liable in damages to the contestee for all damages sustained, including a reasonable attorney fee and all reasonable and proper costs of conducting such contest; and in the event it be alleged and found that such petition was frivolous in nature, the contestee may also be allowed punitive damages to be paid by said petitioner.

Laws 1974, c. 153, § 8119, operative Jan. 1, 1975.  

§268120.  Petition alleging irregularities  Procedure.

When a petition alleging irregularities other than fraud is filed, said petition must allege a sufficient number of irregularities and of such nature as to:

1.  Prove that the contestant is lawfully entitled to be certified the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot; or

2.  Prove that it is impossible to determine with mathematical certainty which candidate is entitled to be certified as the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot.

Additional irregularities may be presented at the hearing if not known to the contestant at the time the petition is filed.  If such allegations are not made, the petition shall be deemed frivolous by the presiding judge and shall be dismissed.  Said petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the petition.  Said petition must set forth specific allegations of irregularities in certain precincts or in the casting of absentee ballots.  If said petition is filed in the manner herein provided, the district judge of the county or such other judge as may be assigned by the Supreme Court shall hear and determine said issue in the same manner as provided for a petition alleging fraud.  On the day of the hearing, the contestee may file an answer to the petition or may file a cross petition setting forth in detail, as required of petitioner herein, such claim of irregularities.  A cross petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the cross petition.  Deposits shall be used to defray actual costs as provided for recounts.

Amended by Laws 1983, c. 171, § 16, emerg. eff. June 6, 1983.  Amended by Laws 1990, c. 306, § 6, emerg. eff. May 30, 1990.


§268121.  Disqualification mandatory.

It shall be mandatory, whenever a petition to disqualify is filed by either party, for the district judge to disqualify himself.

Laws 1974, c. 153, § 8121, operative Jan. 1, 1975.  

§26-8-121.1.  Hearings on petitions alleging irregularities or fraud involving two or more counties.

When a petition is filed alleging irregularities or fraud involving two or more counties, the hearings for all counties shall be scheduled at a single location by the election board secretary who accepted the petition.  When such a petition is filed with the Secretary of the State Election Board, the Supreme Court shall assign a single judge to hear and determine the issue for all affected counties.

Added by Laws 1997, c. 176, § 13, eff. Nov. 1, 1997.


§26-9-100.  Experimental voting devices or equipment.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

The Secretary of the State Election Board shall be authorized to allow for the experimental use of one or more vote counting devices or other equipment in one or more election precincts in one or more counties, without a formal purchase thereof.  The experimental use of such vote counting device or other equipment in any election shall be as valid for all purposes as if it had been purchased.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Officials authorized by law to purchase voting devices and equipment may, with written authorization of the Secretary of the State Election Board, allow for the experimental use of one or more devices or equipment which they might lawfully purchase, to be used in one or more election precincts, without a formal purchase thereof.  The use of such device or equipment in any election shall be as valid for all purposes as if it had been purchased.

Added by Laws 1991, c. 321, § 33, eff. March 1, 1992.  Amended by Laws 2004, c. 545, § 15, eff. July 1, 2005.


§26-9-101.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-102.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-103.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-103.1.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-104.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-105.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-106.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-107.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-108.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-109.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-110.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-111.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-112.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-113.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-114.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§269115.  Notice of preparation of voting devices.

Not less than ten (10) days prior to the preparation of the voting devices for any partisan election, the secretary of the county election board shall mail a notice to the county chairman of each political party stating the time and place the voting devices will be prepared for the election and stating a time at which one representative of each political party shall be afforded an opportunity to see that the voting devices are in proper condition for use in the election.  The representatives may observe the programming of the voting devices but shall not interfere with the employees or assume any of their duties.

Laws 1974, c. 153, § 9115, operative Jan. 1, 1975; Laws 1991, c. 321, § 34, eff. March 1, 1992.


§26-9-116.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-117.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§269118.  Unlawful acts relating to voting devices.

Any person who defaces a voting device, breaks, tampers with, impairs, impedes or otherwise interferes with the maintenance, adjustment, delivery, use or operation of any voting device or part thereof shall be guilty of a felony.

Laws 1974, c. 153, § 9118, operative Jan. 1, 1975; Laws 1991, c. 321, § 35, eff. March 1, 1992.


§26-9-119.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§26-9-120.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§2610101.  Nomination of Presidential Electors  Certification.

The nominees for Presidential Electors of any recognized political party shall be selected at a statewide convention of said party in a manner to be determined by said party.  The nominees for Presidential Electors shall be certified by said party's chairman to the Secretary of the State Election Board no fewer than ninety (90) days nor more than one hundred eighty (180) days from the date of the General Election at which candidates for Presidential Electors shall appear on the ballot.  Failure of a political party to properly certify the names of its nominees for Presidential Electors within the time specified shall bar such party from placing any candidates for Presidential Electors on the ballot at said election. Candidates for Presidential Electors seeking to appear on the ballot as uncommitted shall be entitled to have their names placed upon the ballot at a General Election by observing the following procedure:

1.  No later than July 15 of a presidential election year, petitions seeking ballot access for said uncommitted candidates for Presidential Electors, in a form to be prescribed by the Secretary of the State Election Board, shall be filed with said Secretary, bearing the signatures of registered voters equal to at least three percent (3%) of the total votes cast in the last General Election for President.  Each page of said petitions must contain the name of registered voters from a single county.

2.  Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions.  If said Board determines there are a sufficient number of valid signatures of registered voters, the nominees for Presidential Electors are entitled to appear on the ballot at the next following General Election at which candidates for Presidential Electors shall appear on the ballot.

Laws 1974, c. 153, § 10101, operative Jan. 1, 1975; Laws 1977, c. 136, § 1.  

§2610101.1.  Candidates pledged to Independent candidate for President.

The names of a slate of candidates for the office of Presidential Elector pledged to an Independent candidate for President of the United States shall be printed on the ballot only by observing the following procedure:

1.  No later than July 15 of a presidential election year, petitions signed by a number of registered voters supporting the candidacy of said candidate for President of the United States equal to at least three percent (3%) of the total votes cast in the last General Election for President shall be filed with the Secretary of the State Election Board.  The form of said petitions shall be prescribed by the Secretary.  Each page of said petitions must contain the names of registered voters from a single county.

2.  Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions.

3.  If the petitions are found to be sufficient, the Independent candidate for President of the United States shall, no later than September 1, certify to the Secretary of the State Election Board the names of the nominees for Presidential Elector pledged to him and the name of his Vice Presidential running mate. Each candidate for Presidential Elector so nominated shall subscribe to an oath stating that, if elected, he will cast his ballot for the candidate who nominated him and for said candidate's Vice Presidential running mate.  Said oath shall be filed with the Secretary of the State Election Board no later than September 15.

Laws 1977, c. 136, § 4.  

§2610101.2.  Printing names of Presidential Electors pledged to nominee of unrecognized political party  Procedure.

The names of a slate of candidates for the office of Presidential Elector pledged to the nominee of a political party not recognized under the laws of the State of Oklahoma for President of the United States shall be printed on the ballot only by observing the following procedure:

1.  No later than July 15 of a presidential election year, petitions signed by a number of registered voters supporting the candidacy of said nominee for President of the United States equal to at least three percent (3%) of the total votes cast in the last General Election for President shall be filed with the Secretary of the State Election Board.  Notice of intention to circulate petitions shall be filed with the Secretary of the State Election Board before such petitions may be circulated.  The form of said petitions shall be prescribed by the Secretary.  Each page of said petitions must contain the names of registered voters from a single county.

2.  Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions.

3.  If the petitions are found to be sufficient, the nominee for President of the United States shall, no later than September 1, certify to the Secretary of the State Election Board the names of the nominees for Presidential Elector pledged to him and the name of his Vice Presidential running mate.  Each candidate for Presidential Elector so nominated shall subscribe to an oath stating that, if elected, he will cast his ballot for the candidate who nominated him and for said candidate's Vice Presidential running mate.  Said oath shall be filed with the Secretary of the State Election Board no later than September 15.

Added by Laws 1985, c. 269, § 2.  

§2610102.  Oath for Presidential Electors.

Every party nominee for Presidential Elector shall subscribe to an oath, stating that said nominee, if elected, will cast his ballot for the persons nominated for the offices of President and Vice President by the national convention of his party.  Said oath shall be notarized by a notary public and filed with the Secretary of the State Election Board no fewer than ninety (90) days prior to the General Election.  Failure of any party nominee to take and file said oath by said date shall automatically vacate his nomination and a substitute nominee shall be selected by the state central committee of the appropriate political party.  It shall be the duty of the Secretary of the State Election Board to notify the chairman of the state central committee of the failure of any nominee to file said oath.

Laws 1974, c. 153, § 10102, operative Jan. 1, 1975; Laws 1977, c. 136, § 2.  

§2610103.  Election of Presidential Electors.

On the first Tuesday after the first Monday in November in each year next preceding the expiration of the term of office of each President of the United States, the registered voters of this state shall elect a number of electors for President and Vice President equal to the number of United States Senators and United States Representatives which the state is entitled to elect.  Said electors shall be elected in the same manner as is provided for state officers.

Laws 1974, c. 153, § 10103, operative Jan. 1, 1975.  

§2610104.  Qualifications.

The electors for President and Vice President, hereinafter referred to as Presidential Electors, shall be registered voters of Oklahoma; provided, however, that no United States Senator or United States Representative or person holding an office of trust or profit under the United States shall be a Presidential Elector.

Laws 1974, c. 153, § 10104, operative Jan. 1, 1975.  

§2610105.  Ballots.

At any General Election in which Presidential Electors are to be elected, the State Election Board shall provide ballots on which the names of the Presidential Electors of each political party shall be bracketed adjacent to the names of said party's candidates for President and Vice President.  The names of the Independent nominees for Presidential Electors shall be bracketed adjacent to the names of the candidates for President and Vice President for whom they have subscribed an oath to cast their ballots or bracketed adjacent to the word "Uncommitted" in the event said nominees are uncommitted.  Said ballots shall, in all other respects, have the appearance of ballots used for state officers.

Laws 1974, c. 153, § 10105, operative Jan. 1, 1975; Laws 1977, c. 136, § 3.  

§2610106.  Certificates of Election.

Certificates of Election issued by the State Election Board to Presidential Electors shall be transmitted to such electors by the Governor.

Laws 1974, c. 153, § 10106, operative Jan. 1, 1975.  

§2610107.  Electors to meet  Duties.

Persons chosen as Presidential Electors shall meet at 10:00 a.m. in the Governor's office at the time appointed by the laws of the United States and cast their votes in the manner therein provided and perform such duties as may be required by law.  Each such Elector shall receive mileage reimbursement at the rate as provided for state employees, said reimbursement to be paid from funds appropriated to the Office of the Governor.

Amended by Laws 1983, c. 171, § 17, emerg. eff. June 6, 1983.  

§2610108.  Vacancies.

In the event any Presidential Elector fails to meet at the Governor's office at the prescribed time, it shall be the duty of such Electors present at the time and place aforesaid to appoint a person to fill such vacancy.

Laws 1974, c. 153, § 10108, operative Jan. 1, 1975.  

§2610109.  Penalty.

Any Presidential Elector who violates his oath as a Presidential Elector shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).

Laws 1974, c. 153, § 10109, operative Jan. 1, 1975.  

§2611101.  Declaration of candidacy  Expiration of term.

A Justice of the Supreme Court or a Judge of the Court of Criminal Appeals whose term of office expires the second Monday in January following a General Election and who seeks retention in office must file with the Secretary of State not less than sixty (60) days before the date of such General Election a Declaration of Candidacy to succeed himself.

Laws 1974, c. 153, § 11101, operative Jan. 1, 1975.  

§2611102.  Declaration of candidacy after appointment.

A Justice of the Supreme Court or Judge of the Court of Criminal Appeals who has been appointed and who will have served twelve (12) months in office before the next General Election and who seeks to be retained in office must file a Declaration of Candidacy to be retained in office with the Secretary of State not less than sixty (60) days before the date of such election.  If such judicial officer has not served twelve (12) months on or before the next General Election following his appointment, he shall continue in office, and he shall file a Declaration of Candidacy to be retained in office with the Secretary of State not less than sixty (60) days before the date of the second General Election following his appointment.

Laws 1974, c. 153, § 10102, operative Jan. 1, 1975; Laws 1977, c. 136, § 2.  

§2611103.  Terms of office.

If the term of the office to which the judicial officer was appointed expires on the second Monday in January following the election, the election shall be for a term of six (6) years beginning on the second Monday in January following the election. If the term for such office does not expire on the second Monday in January following the election, the election shall be for the unexpired term of the office to which he was appointed.  If the term of office to which the judicial officer was appointed expires before such officer must file a Declaration of Candidacy to be retained in office, the election shall be for the remainder of the sixyear term which follows the term during which he was appointed.

Laws 1974, c. 153, § 11103, operative Jan. 1, 1975.  

§2611104.  No filing fee.

No fee shall be charged by the Secretary of State for the filing of a Declaration of Candidacy.  If such a Declaration is filed by one of the above judicial officers, the Secretary of State shall immediately notify the Secretary of the State Election Board of the name and office of the officer who filed the Declaration, and the State Election Board shall cause the necessary ballots to be prepared.

Laws 1974, c. 153, § 11104, operative Jan. 1, 1975.  

§2611105.  No declaration filed  Procedure.

If no Declaration of Candidacy is filed by such judicial officer, the Secretary of State shall immediately notify the Governor and the Chairman of the Judicial Nominating Commission that no Declaration of Candidacy was filed by the judicial officer, stating his name and office, and that a vacancy has occurred or is certain to occur, as is appropriate.

Laws 1974, c. 153, § 11105, operative Jan. 1, 1975.  

§26-11-106.  Certification.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

If a Declaration of Candidacy is filed, an election held, and no contest thereto is filed, the State Election Board shall certify the result to the Secretary of State by 5:00 p.m. Tuesday next following the General Election.  If a contest is filed, the result shall be certified to the Secretary of State either when the contest is determined or when it has been abandoned.  If a decision by a majority of those voting thereon is that the officer shall not be retained in office, the Secretary of State shall immediately notify the Governor and the Chair of the Judicial Nominating Commission of the decision, stating the name and office of the officer, and that a vacancy has occurred or is certain to occur, as is appropriate.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

If a Declaration of Candidacy is filed, an election held, and no contest thereto is filed, the State Election Board shall certify the result to the Secretary of State by 5:00 p.m. Friday next following the General Election.  If a contest is filed, the result shall be certified to the Secretary of State either when the contest is determined or when it has been abandoned.  If a decision by a majority of those voting thereon is that the officer shall not be retained in office, the Secretary of State shall immediately notify the Governor and the Chairman of the Judicial Nominating Commission of the decision, stating the name and office of the officer, and that a vacancy has occurred or is certain to occur, as is appropriate.

Added by Laws 1974, c. 153, § 11-106, operative Jan. 1, 1975.  Amended by Laws 2004, c. 545, § 16, eff. July 1, 2005.


§2611107.  Vacancy  Expiration of term.

If a judicial officer who was elected to a sixyear term that expires the second Monday in January following the election or who was appointed to fill a vacancy that expires the second Monday in January following the election and who was retained in office by the voters at a prior General Election fails to file a Declaration of Candidacy to be retained in office to succeed himself, or files such a Declaration but is not retained in office at the election, the vacancy in office occurs on the second Monday in January following the election.  If a judicial officer who was appointed to fill a vacancy but who has not yet been retained in office by the voters fails to file a Declaration of Candidacy, the vacancy in office occurs when the time to file such Declaration has expired.  If such judicial officer files a Declaration of Candidacy but is not retained in office by the voters, the vacancy in office occurs when the result of the election is certified to the Secretary of State. In any of the above cases, the judicial officer may continue in office after the vacancy occurs until his successor has been appointed and has qualified for office.

Laws 1974, c. 153, § 11107, operative Jan. 1, 1975.  

§2611108.  Judicial ballots without party designation.

The ballots for retention of Justices of the Supreme Court and Judges of the Court of Criminal Appeals, and the ballots for Judges of the Court of Appeals, district judges and associate district judges shall be without party designation.

Laws 1974, c. 153, § 11108, operative Jan. 1, 1975.  

§2611109.  Retention ballots.

Ballots for retention of Justices of the Supreme Court and Judges of the Court of Criminal Appeals and the Court of Appeals shall be printed in the same manner as other ballots for the General Election, except as hereinafter provided.  Near the top of the ballot shall be printed the following words:  "NOTICE TO VOTER: Vote separately on each justice or judge; they are not running against each other."  Below said words shall appear the office number, as reflected by the numbers of the districts from which said Justices or Judges were appointed, and this question:  "Shall (Here insert name of Justice or Judge) of (Here insert the title of the court) be retained in Office?"  Said question shall be followed by the words "YES" and "NO", one above the other.

Amended by Laws 1987, c. 33, § 7, emerg. eff. April 20, 1987; Laws 1991, c. 321, § 36, eff. March 1, 1992.


§2611110.  Two persons filing.

If two persons file for the same judicial office, their names shall appear on the ballot only at the time of the General Election. Laws 1974, c. 153, § 11110, operative Jan. 1, 1975.  

§2611111.  More than two persons filing.

If, at the time of the Primary Election, more than two persons have filed for the same judicial office, their names shall appear on the ballot at the time of the Primary Election.

Laws 1974, c. 153, § 11111, operative Jan. 1, 1975.  

§26-11-112.  No candidate receives majority - Procedure.

If no candidate for the office of an associate district judge, or district judge, if the nominating district is coextensive with the entire judicial district or electoral division of a judicial district, receives a majority of the votes cast for that office at the Primary Election, the two candidates who receive the highest number of votes will have their names placed on the ballot for the General Election.  In the case of district judges, if the nominating district is not coextensive with the whole judicial district or electoral division of a judicial district, the two candidates who receive the highest number of votes at the Primary Election will have their names placed on the ballot for the General Election, whether or not one receives a majority of votes cast for that office at the Primary Election.

Added by Laws 1974, c. 153, § 11-112, operative Jan. 1, 1975.  Amended by Laws 1992, c. 247, § 16, emerg. eff. May 21, 1992; Laws 1995, c. 290, § 12, eff. Nov. 1, 1995.


§26-11-113.  Candidate receives majority - Procedure.

If one candidate for the office of an associate district judge receives a majority of all votes cast for that office at the Primary Election and, in the case of district judges, if the nominating district is coextensive with the whole judicial district or electoral division of a judicial district, the candidate who received the majority of all votes cast at the Primary Election shall be deemed to have been elected to that office, and that office shall not be listed on the ballot for the General Election.

Added by Laws 1974, c. 153, § 11-113, operative Jan. 1, 1975.  Amended by Laws 1995, c. 290, § 13, eff. Nov. 1, 1995.


§26-12-101.  Vacancies in Congress.

A.  Except as otherwise provided by law, whenever a vacancy shall occur in the office of a member of the United States Senate or United States House of Representatives from Oklahoma, such vacancy shall be filled at a Special Election to be called by the Governor within thirty (30) days after such vacancy occurs.

B.  No special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the following year.  In such case, the candidate elected to the office at the regular General Election shall be appointed by the Governor to fill the unexpired term.

Added by Laws 1974, c. 153, § 12-101, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 19, emerg. eff. June 1, 1979; Laws 1994, c. 260, § 27, emerg. eff. May 26, 1994; Laws 2001, 1st Ex.Sess., c. 5, § 1, emerg. eff. Oct. 24, 2001; Laws 2002, c. 380, § 1, eff. Nov. 1, 2002.


§2612102.  Proclamation required.

In calling such an election, the Governor shall issue a proclamation, a copy of which must be filed with the Secretary of the State Election Board.

Laws 1974, c. 153, § 12102, operative Jan. 1, 1975.  

§2612103.  Dates for filing period  Elections.

The proclamation required by Section 12-102 of this title shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday not less than ten (10) days from the date of such proclamation;

2.  The date of the Special Primary Election, not less than twenty (20) days after the close of the filing period;

3.  The date of the Special Runoff Primary Election, not less than twenty (20) days after the date of the Special Primary Election; and

4.  The date of the Special General Election, not less than twenty (20) days after the date of the Special Runoff Primary Election.

Should such a vacancy occur between March 1 and June 1 of an evennumbered year, when a special election is required, the proclamation must contain dates that are the same as are required by law for the regular filing period, Primary Election, Runoff Primary Election and General Election.

Added by Laws 1974, c. 153, § 12103, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 20, emerg. eff. June 1, 1979; Laws 2004, c. 53, § 9, emerg. eff. April 1, 2004; Laws 2004, c. 369, § 3, emerg. eff. May 28, 2004.


§26-12-104.  General laws apply.

Said elections shall be conducted under the laws applicable to regular Primary, Runoff Primary and General Elections.

Laws 1974, c. 153, § 12-104, operative Jan. 1, 1975.


§2612105.  Term.

The successful candidate shall serve the remainder of the unexpired term.

Laws 1974, c. 153, § 12105, operative Jan. 1, 1975.  

§26-12-106.  Vacancies in the Legislature.

A.  Whenever a vacancy shall occur in the office of a member of the State Senate or the State House of Representatives, the vacancy shall be filled at a Special Election to be called by the Governor within thirty (30) days after the vacancy occurs; provided, no special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the same year.

B.  If in an even-numbered year an incumbent State Senator with two (2) or more years remaining in the term for which elected shall file with the Oklahoma Secretary of State before June 1 a resignation in writing which states that the resignation will not become effective immediately, but rather will become effective on some date certain that is after the General Election but before the convening of the next session of the Legislature, the vacancy shall be filled by a special election which shall be held in that even-numbered year on the same dates as the regular Primary Election, Runoff Primary Election and General Election.  The filing period for the special election shall be the regular filing period prescribed in Section 5-110 of this title.  The person elected in the General Election of the special election shall take office on the date the resignation of the incumbent becomes effective and shall serve the remainder of the unexpired term.

Added by Laws 1974, c. 153, § 12-106, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 21, emerg. eff. June 1, 1979; Laws 1998, c. 357, § 11, eff. Jan. 1, 1999.


§2612107.  Proclamation.

In calling such an election, the Governor shall issue a proclamation, a copy of which must be filed with the Secretary of the State Election Board.

Laws 1974, c. 153, § 12107, operative Jan. 1, 1975.  

§2612108.  Dates.

Such proclamation shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday not less than ten (10) days from the date of such proclamation;

2.  The date of the Special Primary Election, not less than twenty (20) days after the close of the filing period; and

3.  The date of the Special General Election, not less than twenty (20) days after the date of the Special Primary Election.

Should such a vacancy occur between March 1 and June 1 of an evennumbered year, when a special election is required, the proclamation must contain dates that are the same as are required by law for the regular filing period, Primary Election, Runoff Primary Election and General Election.

Added by Laws 1974, c. 153, § 12108, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 22, emerg. eff. June 1, 1979; Laws 2004, c. 53, § 10, emerg. eff. April 1, 2004; Laws 2004, c. 369, § 4, emerg. eff. May 28, 2004.


§2612109.  General laws apply  Unopposed candidates.

Said elections shall be conducted under the laws applicable to regular Primary and General Elections, except that the candidate receiving the highest number of votes in said Primary Election shall be deemed the nominee of his political party, provided that the dates of the elections do not coincide with the dates for the regular Primary, Runoff Primary and General Elections.  If the nominee of a political party is unopposed in the Special Election, he shall be issued a certificate of election after the expiration of the contest period following the Primary or Runoff Primary Election, if no contest is filed, and shall immediately assume the duties of said office.

Laws 1974, c. 153, § 12109, operative Jan. 1, 1975.  

§2612110.  Term.

The successful candidate shall serve the remainder of the unexpired term.

Laws 1974, c. 153, § 12110, operative Jan. 1, 1975.  

§26-12-110.1.  Elections to fill seat of House or Senate member not eligible to finish term - Full term and period of service defined.

A.  Elections to fill the seat of a member of the Oklahoma State Senate or the Oklahoma House of Representatives who is not eligible to complete the term of office to which such member was elected due to the provisions of Section 17A of Article V of the Oklahoma Constitution shall be held as provided in this section.

B.  Whenever a member's eligibility to serve shall expire after March 1 in an even-numbered year, the vacancy shall be filled by a special election to be called by the Governor which shall be held in that even-numbered year on the same dates as the regular Primary Election, Runoff Primary Election and General Election.  The filing period for the special election shall be the regular filing period prescribed in Section 5-110 of Title 26 of the Oklahoma Statutes.  The person elected in the special election shall take office on the later of the date other members of the Legislature elected at such election take office or the expiration of the incumbent's eligibility to serve and shall serve the remainder of the unexpired term.

C.  Whenever a member's eligibility to serve shall expire in an odd-numbered year or prior to March 1 in an even-numbered year, the position shall be filled by a special election to be called by the Governor.  The Governor shall issue a proclamation calling such an election no less than sixty (60) days prior to the expiration of the member's eligibility to serve.  The person elected shall take office upon the expiration of the incumbent's eligibility to serve.

D.  The Governor shall issue a proclamation, a copy of which must be filed with the Secretary of the State Election Board, for any election to be held pursuant to this section.  Such proclamation shall be issued prior to the date the member's eligibility to serve expires and must be issued at least ten (10) days prior to the filing period.  For an election held pursuant to subsection C of this section, the proclamation shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday, not less than ten (10) days from the date of said proclamation;

2.  The date of the Special Primary Election, not less than twenty (20) days after the close of the filing period; and

3.  The date of the Special General Election, not less than twenty (20) days after the date of the Primary Election.

E.  For purposes of this section:

1.  A full term of service in the Oklahoma House of Representatives shall be counted as two (2) years of service;

2.  A full term of service in the Oklahoma State Senate shall be counted as four (4) years of service;

3.  A period of service of less than a full term which is not exempt from the constitutional limitations on length of legislative service shall be calculated from the date the legislator assumes the office for such term until the date the legislator vacates such office; and

4.  A period of service with respect to a term during which a member reaches the constitutionally limited length of service shall be calculated from the date the legislator assumes the office for such term until the date the legislator completes a total of twelve (12) years of service not exempt from the constitutional limitations.

Added by Laws 2004, c. 369, § 1, emerg. eff. May 28, 2004.


§2612111.  Vacancies in county elective offices.

A.  Whenever a vacancy shall occur in the office of a county commissioner, the vacancy shall be filled at a special election to be called by the Governor within thirty (30) days after the vacancy occurs.  Provided, no special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the following year.  In such case, the candidate elected to the office at the Primary Election, runoff Primary Election, or the regular General Election shall be appointed by the Governor as soon as practical after the applicable election to fill the unexpired term.

B.  Whenever a vacancy shall occur in any elective county office of any county in this state having a population of more than the population figure specified in subsection B of Section 10 of Title 51 of the Oklahoma Statutes, the vacancy shall be filled at a special election to be called by the Governor within thirty (30) days after the vacancy occurs.  Provided, no special election shall be called if the vacancy occurs after March 1 of any even-numbered year if the term of the office expires the following year.  In such case, the candidate elected to the office at the Primary Election, runoff Primary Election, or the regular General Election shall be appointed by the Governor as soon as practical after the applicable election to fill the unexpired term.

Added by Laws 1974, c. 153, § 12-111, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 23, emerg. eff. June 1, 1979; Laws 1993, c. 316, § 9, eff. Sept. 1, 1993; Laws 1995, c. 174, § 1, eff. Nov. 1, 1995; Laws 2002, c. 447, § 12, emerg. eff. June 5, 2002.


§2612112.  Proclamation.

In calling such an election, the Governor shall issue a proclamation, a copy of which must be filed with the Secretary of the State Election Board and the secretary of the county election board in which said vacancy occurs.

Laws 1974, c. 153, § 12112, operative Jan. 1, 1975.  

§2612113.  Dates.

Such proclamation shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday, not less than ten (10) days from the date of such proclamation;

2.  The date of the Special Primary Election, not less than twenty (20) days after the close of the filing period; and

3.  The date of the Special General Election, not less than twenty (20) days after the date of the Special Primary Election.

Should such a vacancy occur between March 1 and June 1 of an evennumbered year, when a special election is required, the proclamation must contain dates that are the same as are required by law for the regular filing period, Primary Election, Runoff Primary Election and General Election.

Added by Laws 1974, c. 153, § 12113, operative Jan. 1, 1975.  Amended by Laws 1979, c. 240, § 24, emerg. eff. June 1, 1979; Laws 2004, c. 53, § 11, emerg. eff. April 1, 2004; Laws 2004, c. 369, § 5, emerg. eff. May 28, 2004.


§2612114.  General laws apply.

Said elections shall be conducted under the laws applicable to regular Primary and General Elections, except that the candidate receiving the highest number of votes in said Primary Election shall be deemed the nominee of his political party, provided that the dates of the elections do not coincide with the dates for the regular Primary, Runoff Primary and General Elections.  If the nominee of a political party is unopposed in the Special Election, he shall be issued a certificate of election after the expiration of the contest period following the Primary or Runoff Primary Election, if no contest is filed, and shall immediately assume the duties of said office.

Laws 1974, c. 153, § 12114, operative Jan. 1, 1975.  

§2612115.  Term.

The successful candidate shall serve the remainder of the unexpired term.

Laws 1974, c. 153, § 12115, operative Jan. 1, 1975.  

§2612116.  Special elections on state or local questions.

In the event the Governor or the Legislature shall call for a special statewide election on any measure to be submitted to a vote of the people, said election shall be held not fewer than sixty (60) days from the date said election is called.  Such special statewide election may be on the same date as a primary or general election or may be on some other date set by the Governor or the Legislature.  In the event the board of county commissioners or the governing body of a municipality or school district or technology center school district or any other governmental subdivision calls for a special election on any question, said election shall be held not fewer than sixty (60) days from the date said election is called; provided, that a special election called by a school or technology center school district to be held on the date of the annual school runoff election shall not be held fewer than forty-five (45) days from the date said special election is called.  A special election to fill a vacancy for member of the board of education of a school district or to fill a vacancy for municipal office shall be scheduled not fewer than sixty (60) days from the date said election is called.

Added by Laws 1974, c. 153, § 12-116, operative Jan. 1, 1975.  Amended by Laws 1985, c. 193, § 3, eff. Nov. 1, 1985; Laws 1991, 1st Ex. Sess., c. 1, § 2, emerg. eff. Jan. 18, 1991; Laws 1992, c. 247, § 17, emerg. eff. May 21, 1992; Laws 2001, c. 33, § 24, eff. July 1, 2001; Laws 2004, c. 369, § 6, emerg. eff. May 28, 2004.


§2612117.  General laws apply.

The State Election Board shall conduct such election in the same manner as provided for conducting statewide Primary, Runoff Primary or General Elections.

Laws 1974, c. 153, § 12117, operative Jan. 1, 1975.  

§2612118.  Certification.

The State Election Board shall certify the results of said election to the Governor, whereupon the Governor shall issue a proclamation declaring the results of said election and the passage or failure of any measure.

Laws 1974, c. 153, § 12118, operative Jan. 1, 1975.  

§26-12-119.  Incumbents - Irrevocable letter of resignation - Special elections.

Except as otherwise provided by law, an incumbent in any elective office for which a vacancy is filled by special election called by the Governor may file with the Oklahoma Secretary of State an irrevocable resignation in writing which states that the resignation will not become effective immediately, but rather will become effective on some date certain.  Upon receipt of the irrevocable letter of resignation, the Governor shall set the date for the special election.  The person elected at the special election shall take office on the later of the date of the special election or the date the resignation of the incumbent becomes effective and shall serve the remainder of the unexpired term.

Added by Laws 2002, c. 380, § 2, eff. Nov. 1, 2002.


§2613101.  County election board to conduct.

All municipal elections conducted in the State of Oklahoma shall be conducted by the county election board of the county wherein said municipality's central offices are located, unless otherwise provided by law.

Laws 1974, c. 153, § 13101, operative Jan. 1, 1975.  

§26-13-101.1.  County boards not required to conduct certain elections - Time between primary and general municipal elections.

After July 1, 2005, no county election board shall be required to conduct elections for any municipality on a date other than an election date identified in subsection B of Section 3-101 of this title.  Municipalities that hold both primary and general elections, in addition to scheduling elections on dates identified in subsection B of Section 3-101 of this title, shall provide no fewer than thirty-five (35) days between the primary and general elections; except however, primary and general elections may be scheduled on the identified election dates in March and April when there are fewer than thirty-five (35) days between the election dates.

Added by Laws 2004, c. 545, § 18, eff. July 1, 2005.  Amended by Laws 2005, c. 224, § 2, eff. July 1, 2005.


§26-13-102.  Notice of elections.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Not fewer than fifteen (15) days before the filing period for any regular municipal election, or in the event of a special election, not fewer than sixty (60) days before such election, the governing board of any municipality shall submit a resolution to the secretary of the county election board conducting such election.  Such resolution shall contain the following facts:

1.  The dates of the election or elections;

2.  The offices to be filled or the questions to be voted upon at such election or elections;

3.  Qualifications for such offices;

4.  Designation of which offices shall be filled by voting by ward and which offices shall be filled by voting at large;

5.  Indication of whether the election will be partisan or nonpartisan;

6.  For charter cities where the charter is silent, indication of any portion of state law which will apply; and

7.  Any other information necessary for conducting said election or elections.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Not fewer than fifteen (15) days before the filing period for any municipal election, or in the event of a special election, not fewer than sixty (60) days before such election, the governing board of any municipality shall submit a resolution to the secretary of the county election board conducting said election.  Said resolution shall contain the following facts:

1.  The dates of the election or elections;

2.  The offices to be filled or the questions to be voted upon at said election or elections;

3.  Qualifications for said offices;

4.  Designation of which offices shall be filled by voting by ward and which offices shall be filled by voting at large;

5.  Indication of whether the election will be partisan or nonpartisan;

6.  For charter cities where the charter is silent, indication of any portion of state law which will apply; and

7.  Any other information necessary for conducting said election or elections.

Added by Laws 1974, c. 153, § 13-102, operative Jan. 1, 1975.  Amended by Laws 1985, c. 193, § 4, eff. Nov. 1, 1985; Laws 1987, c. 75, § 7, eff. July 1, 1987; Laws 1993, c. 316, § 10, eff. Sept. 1, 1993; Laws 2004, c. 545, § 19, eff. July 1, 2005.


§26-13-103.  Conduct of municipal elections - Partisan elections.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  All municipal elections shall be held at the same place and in the same manner prescribed for conduct of state and county elections unless otherwise provided by law.

B.  A municipality may adopt an ordinance requiring its elections to be partisan.  If such an ordinance is adopted, a municipality shall notify the county election board that its election is to be partisan in its resolution calling for an election.  If a municipality fails to notify the county election board that its election will be on a partisan basis in the resolution calling for an election, then the municipal election shall be on a nonpartisan basis.  Provided, any municipality which is governed by a charter may provide otherwise by charter or ordinance.

C.  All precincts totally or partially contained within the limits of a municipality shall be open for all elections held by such municipality; provided, however, that a municipality may authorize any precinct which is only partially contained within the limits of the municipality not to be opened by certifying to the county election board in its resolution calling for an election that no persons reside within that portion of the precinct contained within the limits of the municipality.  Polling places shall be open from 7:00 a.m. until 7:00 p.m.  Each precinct election board shall be the same as for state and county elections; provided, however, that substitutions, if necessary, shall be made by the county election board.  Except as otherwise provided by law, the laws governing state and county Primary and General Elections shall be applicable to all municipal elections.

D.  All municipal elections, including elections for municipalities with home rule charters, shall be held only on dates identified by subsection B of Section 3-101 of this title.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  All municipal elections shall be held at the same place and in the same manner prescribed for conduct of state and county elections unless otherwise provided by law.

B.  A municipality may adopt an ordinance requiring its elections to be partisan.  If such an ordinance is adopted, a municipality shall notify the county election board that its election is to be partisan in its resolution calling for an election.  If a municipality fails to notify the county election board that its election will be on a partisan basis in the resolution calling for an election, then the municipal election shall be on a nonpartisan basis.  Provided, any municipality which is governed by a charter may provide otherwise by charter or ordinance.

C.  All precincts totally or partially contained within the limits of a municipality shall be open for all elections held by such municipality; provided, however, that a municipality may authorize any precinct which is only partially contained within the limits of the municipality not to be opened by certifying to the county election board in its resolution calling for an election that no persons reside within that portion of the precinct contained within the limits of the municipality.  Polling places shall be open from 7:00 a.m. until 7:00 p.m.  Each precinct election board shall be the same as for state and county elections; provided, however, that substitutions, if necessary, shall be made by the county election board.  Except as otherwise provided by law, the laws governing state and county Primary and General Elections shall be applicable to all municipal elections.

Added by Laws 1974, c. 153, § 13-103, operative Jan. 1, 1975.  Amended by Laws 1977, c. 130, § 1, emerg. eff. June 3, 1977; Laws 1987, c. 75, § 8, eff. July 1, 1987; Laws 2004, c. 545, § 20, eff. July 1, 2005.


§2613104.  Filing fee or petition not required.

Persons filing declarations of candidacy shall not be required to post a filing fee, nor shall they be required to file petitions supporting their candidacies.

Amended by Laws 1987, c. 75, § 9, eff. July 1, 1987.  

§2613105.  Materials and ballots.

All materials and ballots necessary to conduct any municipal election shall be provided by the county election board.

Laws 1974, c. 153, § 13105, operative Jan. 1, 1975.  

§2613106.  Certification.

At the time prescribed by law, the county election board shall certify the results of any municipal election to the governing board of the municipality for which said election was held.  Certificates of Election shall be issued to the successful candidates by the county election board, in the same manner as is prescribed for county officers.

Laws 1974, c. 153, § 13106, operative Jan. 1, 1975.  

§2613107.  Maps to be provided.

It shall be the mandatory duty of the governing board of each municipality to provide to the county election board or boards of the county or counties wherein said municipality is located a current map of said municipality.  Said map must clearly define the municipal limits and ward boundaries of said municipality.  Should any changes be made in the municipal limits or ward boundaries of any municipality, the governing board of said municipality shall immediately provide the appropriate county election board or boards with a complete revised map of the municipality.

Laws 1974, c. 153, § 13107, operative Jan. 1, 1975.  

§2613108.  Eligible voters.

Only registered voters who reside within the municipal limits of any municipality shall be permitted to vote in any election held for said municipality.

Laws 1974, c. 153, § 13108, operative Jan. 1, 1975.  

§2613109.  Copy of charter required.

Municipalities operating under a charter form of government shall be required to furnish a copy of said charter, as it applies to conduct of elections, to the county election board of the county wherein said municipality's central offices are located.  Any changes in a charter, as it applies to conduct of elections, shall be provided immediately to the appropriate county election board.

Laws 1974, c. 153, § 13109, operative Jan. 1, 1975.  

§2613110.  Municipalities in more than one county.

Elections for a municipality which is located in more than one county shall be conducted by the county election board of the county wherein said municipality's central offices are located.  The county election board or boards of the other affected county or counties shall provide such assistance as may be necessary for conduct of an election.

Laws 1974, c. 153, § 13110, operative Jan. 1, 1975.  

§2613111.  Expenses.

All expenses incurred in the conduct of any municipal election shall be paid by the municipality for which said election was held. Expenses shall include, but shall not be limited to, compensation for members of each precinct election board, per diem and mileage for the chairman and vice chairman of the county election board, the cost of supplies and ballots and the rental of polling places.

Laws 1974, c. 153, § 13111, operative Jan. 1, 1975.  

§26-13-112.  Repealed by Laws 1992, c. 247, § 25, emerg. eff. May 21, 1992.

§26-13A-101.  Applicability of general election laws - Precincts totally or partially contained within district - Opening and closing procedures.

A.  Except as otherwise provided by law, the general election laws shall apply to all elections for school districts and technology center school districts.  When it is impossible or impractical to apply the general election laws for school districts and technology center school districts, the Secretary of the State Election Board shall prescribe procedures consistent with the purposes of the general election laws.

B.  All precincts totally or partially contained within the boundaries of a school district or a technology center school district shall be open for all elections held by such school district or technology center school district except as otherwise provided in this section.  A school district or technology center school district may authorize any precinct which is only partially located within the boundaries of the district not to be opened by certifying to the county election board in the resolution calling for an election that no persons reside within that portion of the precinct contained within the boundaries of the district.

C.  The Secretary of the State Election Board is authorized to promulgate rules setting forth procedures to allow the board of education of a school district or career technology school district to request that a precinct only partially located within the district's boundaries, and in which there are one hundred (100) registered voters or less in the portion of the precinct located within the district, not to be opened.  The procedures shall ensure that any registered voters affected are notified of the precinct closing and of other voting options.

Added by Laws 1988, c. 296, § 2, eff. June 1, 1990.  Amended by Laws 1991, c. 330, § 2; Laws 1992, c. 346, § 2, eff. Sept. 1, 1992; Laws 2001, c. 33, § 25, eff. July 1, 2001; Laws 2002, c. 447, § 13, emerg. eff. June 5, 2002.


§2613A102.  Conduct of elections pursuant to this article.

Unless otherwise provided by law, all elections for every school district and technology center school district shall be conducted in accordance with provisions of this article.

Added by Laws 1988, c. 296, § 3, eff. June 1, 1990.  Amended by Laws 2001, c. 33, § 26, eff. July 1, 2001.


§26-13A-103.  Election dates - Special elections.

A.  The election of members of the board of education of every school district and technology center school district shall be conducted on the second Tuesday in February of each year, except in any year when a Presidential Preferential Primary is held in February, then the election shall be held on the same day as the Presidential Preferential Primary.

If no candidate receives more than fifty percent (50%) of the votes cast in the election provided for in this subsection, an election between the two candidates with the highest number of votes shall be conducted on the first Tuesday in April of that year.

B.  Elections on the question of making a levy or levies for schools under Section 9, Section 9B or Section 10 of Article X of the Oklahoma Constitution shall be held on the second Tuesday in February of each year, except in any year when a Presidential Preferential Primary is held in February, then the election shall be held on the same day as the Presidential Preferential Primary.

C.  The board of education of every school district or technology center school district may call a special election for the purpose of voting on any matter or question authorized by law.

Added by Laws 1988, c. 296, § 4, eff. June 1, 1990.  Amended by Laws 1989, c. 132, § 1; Laws 1991, c. 330, § 3; Laws 1992, c. 247, § 18, eff. July 1, 1992; Laws 2001, c. 33, § 27, eff. July 1, 2001; Laws 2003, c. 485, § 8; Laws 2004, c. 108, § 1, eff. Nov. 1, 2004.


§2613A104.  Certification of election in multicounty district.

For school districts and technology center school districts located in more than one county, the county election board located in the county wherein supervision of the district is located shall be responsible for certifying its elections.  The Secretary of the State Election Board shall prescribe procedures for certification.

Added by Laws 1988, c. 296, § 5, eff. June 1, 1990.  Amended by Laws 2001, c. 33, § 28, eff. July 1, 2001.


§26-13A-105.  Declaration of candidacy.

Candidates for member of the board of education of every school district or technology center school district shall file declarations of candidacy in the same place and with the same officials as candidates for county office.  The declaration of candidacy to be signed by the candidate shall have an attachment to be signed by the candidate listing the requirements of a candidate for election or reelection to a school board as set forth in Sections 13A-106 and 5-105a of this title and Sections 5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and the candidate shall swear or affirm that he or she is eligible to run for the office or serve in the office if elected.  Candidates shall file on the first Monday in December through the following Wednesday.  For school districts and technology center school districts located in more than one county, filing may be either in the county wherein supervision of the district is located or in the county where the candidate resides.

Added by Laws 1988, c. 296, § 6, eff. June 1, 1990.  Amended by Laws 1989, c. 132, § 2, eff. June 1, 1990; Laws 1992, c. 247, § 19, emerg. eff. May 21, 1992; Laws 1994, c. 360, § 2, eff. July 1, 1994; Laws 1997, c. 130, § 2, emerg. eff. April 17, 1997; Laws 1998, c. 217, § 1, eff. July 1, 1998; Laws 2001, c. 33, § 29, eff. July 1, 2001; Laws 2004, c. 369, § 7, emerg. eff. May 28, 2004.


§26-13A-106.  Eligibility to be candidate for school board - Eligibility to vote.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  To be eligible to be a candidate for member of the board of education of a school district or technology center school district, a person must have resided in the district or, if the board seat is in an independent district, have resided in that district for at least six (6) months preceding the first day of the filing period, and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the district for six (6) months preceding the first day of the filing period.  Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education of a school district or technology center school district unless the person has been awarded a high school diploma or certificate of high school equivalency.  In school districts that are divided into election districts, a candidate must have resided in the district for at least six (6) months preceding the first day of the filing period and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the election district for six (6) months preceding the first day of the filing period.  Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education unless the person has been awarded a high school diploma or certificate of high school equivalency.

B.  To be eligible to vote in a school district election or a technology center school district election, a person must be registered with the county election board at an address located within the geographical boundaries of the district.  To be eligible to vote in an election district election within a school district, a person must be registered with the county election board at an address located within the geographical boundaries of the election district.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  To be eligible to be a candidate for member of the board of education of a school district or technology center school district, a person must have resided in the district for at least six (6) months preceding the first day of the filing period, and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the district for six (6) months preceding the first day of the filing period.  Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education of a school district or technology center school district unless the person has been awarded a high school diploma or certificate of high school equivalency.  In school districts that are divided into election districts, a candidate must have resided in the district for at least six (6) months preceding the first day of the filing period and have been a registered voter registered with the county election board at an address located within the geographical boundaries of the election district for six (6) months preceding the first day of the filing period.  Beginning May 1, 1990, no person shall be eligible to be a candidate for or elected to be a member of the board of education unless the person has been awarded a high school diploma or certificate of high school equivalency.

B.  To be eligible to vote in a school district election or a technology center school district election, a person must be registered with the county election board at an address located within the geographical boundaries of the district.  To be eligible to vote in an election district election within a school district, a person must be registered with the county election board at an address located within the geographical boundaries of the election district.

Added by Laws 1988, c. 296, § 7, eff. June 1, 1990.  Amended by Laws 1989, 1st Ex. Sess., c. 2, § 25, emerg. eff. April 25, 1990; Laws 1994, c. 360, § 3, eff. July 1, 1994; Laws 2001, c. 33, § 30, eff. July 1, 2001; Laws 2004, c. 53, § 12, emerg. eff. April 1, 2004; Laws 2004, c. 545, § 17, eff. July 1, 2005.


§2613A108.  School district maps.

The State Department of Education shall provide the State Election Board with information concerning the boundary lines of school districts within the state.  The State Election Board shall provide the county election boards with maps of each county and of individual precincts within each county showing the boundary lines of school districts and with software for the Oklahoma Election Management System capable of assigning addresses within the county to the appropriate school district.

Added by Laws 1988, c. 296, § 8, eff. June 1, 1990.  Amended by Laws 1993, c. 239, § 17, eff. July 1, 1993; Laws 2002, c. 447, § 14, emerg. eff. June 5, 2002.


§2613A109.  Resolution calling for election - Legal notice.

A.  The board of education of every school district and technology center school district shall notify, by resolution, the secretary of the county election board responsible for certifying its election of any regular or special election.

B.  The resolution calling for an election or elections shall include, but shall not be limited to, the following information:

1.  Date or dates of the election or elections;

2.  Identification of the office or offices to be filled, qualifications of candidates for office and the length of term of each;

3.  Information describing election districts within the school district, if applicable;

4.  Ballot titles of the question or questions to be voted upon;

5.  Information describing the persons eligible to vote in the election; and

6.  All other information necessary for conducting the election or elections.

C.  Resolutions calling for regular elections shall be delivered to the secretary of the county election board no fewer than fifteen (15) days preceding the first day of the filing period.  The resolution shall contain all questions to be voted upon at the election to be held on the day as required in Section 13A-103 of this title.

D.  Resolutions calling for special elections shall be delivered to the secretary of the county election board no fewer than sixty (60) days preceding the election.

E.  In addition to notifying the secretary of the county election board of the election by resolution as required in this section:

1.  For elections of members of the board of education of a school district, the board shall also publish a legal notice for each regular and special election in one issue of a legal newspaper of the county, as defined by Section 106 of Title 25 of the Oklahoma Statutes, in the county wherein the school district administrative office is located at least ten (10) days prior to the filing period and shall issue a news release of the upcoming filing period and election to a newspaper of general circulation in the county wherein the school district administrative office is located.  The legal notice and press release shall include, but shall not be limited to, the dates of the filing period for the election or elections and the office or offices to be filled.  The notice shall also be posted at the school district administrative offices and county election board offices; and

2.  For elections of members of the board of education of a technology center school district, the board shall also publish a legal notice for each regular and special election in one issue of a legal newspaper of the county, as defined by Section 106 of Title 25 of the Oklahoma Statutes, in each county wherein the school district board of education has elected to participate in the technology center district at least ten (10) days prior to the filing period.  Additionally, the technology center school district shall issue a news release of the upcoming filing period and election to a newspaper of general circulation in each county wherein the school district board of education has elected to participate in the technology center district.  The legal notice and press release shall include, but shall not be limited to, the dates of the filing period for the election or elections and the office or offices to be filled.  The notice shall also be posted in each county at the technology center school district administrative offices, if such office exists in the county, and county election board office in each county.

Added by Laws 1988, c. 296, § 9, eff. June 1, 1990.  Amended by Laws 1989, c. 132, § 3, eff. June 1, 1990; Laws 1992, c. 247, § 20, emerg. eff. May 21, 1992; Laws 2001, c. 33, § 31, eff. July 1, 2001; Laws 2004, c. 369, § 8, emerg. eff. May 28, 2004; Laws 2005, c. 160, § 1, eff. July 1, 2005.


§26-13A-110.  Vacancies.

A.  Except for a vacancy in the position of the chair of the board elected pursuant to Section 1 of this act, vacancies for members of the board of education of every school district or technology center school district shall be filled by appointment by the board.  Persons appointed to fill such vacancies in the first half of the term of office for the board position shall serve only until the next succeeding election, at which time the office which they hold shall be placed on the ballot for the balance of the unexpired term.  Vacancies filled by appointment following the delivery of the resolution calling for regular elections to the secretary of the county election board shall be filled until the regular elections the following year.  Persons elected to fill unexpired terms shall begin those terms at the next regular meeting of the board of education following the election.  Persons appointed to fill such vacancies after the first half of the term of office for the board position shall serve for the balance of the unexpired term.  No person shall be appointed to a board of education who does not meet the eligibility qualifications needed to be a candidate for such position as provided for in Sections 13A-106 of this title and Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma Statutes.

B.  If the board of education does not fill the vacancy by appointment within sixty (60) days of the date the board declared the seat vacant, the board of education shall call a special election to fill the vacancy for the unexpired term.

C.  In districts having a chair of the board elected by the electors of the district, a vacancy in the office of the chair of the board shall be filled by the vice-chair who shall continue to serve as the board member for the board district for which elected.  The board shall call a special election to elect a chair of the board to serve the remainder of the unexpired term.  The special election shall be held in conjunction with the next regular, district-wide school election, conducted pursuant to Section 13A-103 of this title, that is held more than ninety (90) days after the vacancy occurs.  The successful candidate in the special election shall assume office as provided for district board of education members and shall serve the remainder of the unexpired term.

Added by Laws 1988, c. 296, § 10, eff. June 1, 1990.  Amended by Laws 1989, c. 132, § 4, eff. June 1, 1990; Laws 1994, c. 360, § 4, eff. July 1, 1994; Laws 1999, c. 322, § 1, eff. July 1, 1999; Laws 2000, c. 280, § 5, emerg. eff. June 1, 2000; Laws 2001, c. 33, § 32, eff. July 1, 2001.


§2613A111.  Costs of elections.

A.  At elections held concurrently with county and state elections, the board of education of every school district and technology center school district shall reimburse the county election board only for those costs exclusively attributable to the district.

B.  At elections not held concurrently with county and state elections, the board of education of every school district and technology center school district shall reimburse the county election board for all costs of the election.  If more than one entity holds an election concurrently, then costs shall be assessed proportionately.

Added by Laws 1988, c. 296, § 11, eff. June 1, 1990.  Amended by Laws 2001, c. 33, § 33, eff. July 1, 2001.


§26-14-101.  Absentee ballots authorized - Adjustment of filing period.

A.  Absentee ballots shall be provided for any election conducted by a county election board.  A charter municipality may adjust its filing period and election dates to allow sufficient time for the mailing and return of absentee ballots if the filing period or election dates provided in the municipality's charter do not provide sufficient time for the mailing and return of absentee ballots.

B.  Any election called by a charter municipality simultaneously with any other entity's election held in any part of the municipality shall provide no less time for the mailing and return of absentee ballots than the least time provided by the other entity.

Added by Laws 1974, c. 201, § 1, operative July 1, 1974.  Amended by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976; Laws 1981, c. 292, § 5; Laws 1997, c. 176, § 14, eff. Nov. 1, 1997.


§2614102.  Designation of absentee ballot.

Absentee ballots shall not be authorized for any other election, unless specifically provided for by law.

Amended by Laws 1982, S.J.R. No. 29, § 1; Laws 1983, c. 171, § 22; Laws 1984, c. 204, § 1, operative July 1, 1984.  

§2614103.  Time for requesting absentee ballot.

Absentee ballots must be requested no later than 5:00 p.m. on Wednesday preceding an election.

Amended by Laws 1982, S.J.R. No. 29, § 1; Laws 1983, c. 171, § 22; Laws 1984, c. 204, § 2, operative July 1, 1984.  

§2614104.  Time for return of ballot to secretary of county election board.

Absentee ballots shall be returned to the secretary of each county election board no later than 7:00 p.m. the day of the election.

Amended by Laws 1982, S.J.R. No. 29, § 1; Laws 1983, c. 171, § 22; Laws 1984, c. 204, § 3, operative July 1, 1984.  

§26-14-104.1.  Runoff primary election for federal office - Absentee ballots.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Absentee ballots cast no later than the day of the federal election by voters identified pursuant to Section 14-116 of this title who are absent from the United States and who made timely applications for absentee ballots in the Runoff Primary Election, and that are received by the secretary of the county election board by 5:00 p.m. on the fourteenth day following the Runoff Primary Election shall be accepted as validly cast ballots and shall be tabulated and included in the final election results for federal offices.  However, the Secretary of the State Election Board shall not be prevented from declaring the successful candidate in a Runoff Primary Election for a federal office if the total number of the ballots sent to absentee voters identified pursuant to Section 14-116 of this title who are absent from the United States is mathematically insufficient to affect the outcome of the election.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Absentee ballots cast no later than the day of the federal election by voters identified pursuant to Section 14-116 of Title 26 of the Oklahoma Statutes who made timely applications for absentee ballots in the Runoff Primary Election and received by the secretary of the county election board by 5 p.m. on the fourteenth day following the Runoff Primary Election shall be accepted as validly cast ballots and shall be tabulated and included in the final election results for federal offices.  However, the Secretary of the State Election Board shall not be prevented from declaring the successful candidate in a Runoff Primary Election for a federal office if the total number of the ballots sent to absentee voters identified pursuant to Section 14-116 of Title 26 of the Oklahoma Statutes is mathematically insufficient to affect the outcome of the election.

Added by Laws 2003, c. 485, § 9.  Amended by Laws 2004, c. 545, § 21, eff. July 1, 2005.


§26-14-105.  Voters absent from county on election day - Application for ballot.

Any registered voter may apply for an absentee ballot in person at the county election board, by United States mail, by telegraph or by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes.  The Secretary of the State Election Board shall prescribe a form to be used for said application, although any application setting forth substantially the same facts shall be valid.

Added by Laws 1974, c. 201, § 5, operative July 1, 1974.  Renumbered from § 327.5 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1979, c. 240, § 26, emerg. eff. June 1, 1979; Laws 1981, c. 344, § 4, eff. Oct. 1, 1982; Laws 1982, S.J.R. No. 29, § 1; Laws 1983, c. 171, § 22; Laws 1984, c. 204, § 4, operative July 1, 1984; Laws 1985, c. 78, § 1, eff. July 1, 1985; Laws 1991, c. 277, § 1, eff. Sept. 1, 1991; Laws 1995, c. 290, § 14, eff. Nov. 1, 1995.


§2614106.  Transmittal of ballot to voter.

When such application is received by the secretary of a county election board, it shall be his duty to verify the registration of said voter and to transmit, by United States mail, ballots which said voter has requested and is entitled to receive.

Laws 1974, c. 201, § 6, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976; Laws 1979, c. 240, § 27, emerg. eff. June 1, 1979.  

§2614107.  Materials to accompany ballot.

Said ballots must be accompanied by:

1.  A plain opaque envelope in which voted ballots must be placed by the voter;

2.  An envelope bearing an affidavit stating that the voter is qualified to vote, that he has personally marked the ballots, and has not exhibited the marked ballots to any other person; and

3.  A return envelope addressed to the secretary of the county election board.

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Laws 1974, c. 201, § 7, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§26-14-108.  Return of ballots - Witnessing of affidavit.

A.  The voter shall be required to mark the ballot in ink or other manner as prescribed by the Secretary of the State Election Board; seal the ballots in the plain opaque envelope; fill out completely and sign the affidavit, such signature to be notarized at no charge by a notary public; seal the plain opaque envelope inside the envelope bearing the affidavit and return both envelopes, sealed inside the return envelope, by United States mail or by a private mail service, provided such service has delivery documentation, to the county election board.  No person who is a candidate for an office on the ballot or who is the chair or treasurer of the campaign of a candidate for office or who is related within the third degree of consanguinity or affinity to a candidate on the ballot may witness any absentee ballot affidavit.

B.  The ballot shall not be notarized by any person whose name appears on the ballot as a candidate or by any campaign chairperson or campaign treasurer for a candidate whose name appears on the ballot.

Added by Laws 1974, c. 201, § 8, operative July 1, 1974.  Renumbered from § 327.8 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1981, c. 344, § 5, eff. Jan. 1, 1984; Laws 1984, c. 204, § 5, operative July 1, 1984; Laws 1991, c. 321, § 37, eff. March 1, 1992; Laws 2002, c. 447, § 15, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 10; Laws 2004, c. 5, § 17, emerg. eff. March 1, 2004.


NOTE:  Laws 2003, c. 403, § 2 repealed by Laws 2004, c. 5, § 18, emerg. eff. March 1, 2004.


§26-14-110.1.  Physically incapacitated persons - Absentee ballot.

A registered voter who swears or affirms that the voter is physically unable to vote in person at the precinct on the day of the election because the voter is:

1.   Physically incapacitated; or

2.   Charged with the care of another person who is physically incapacitated and who cannot be left unattended;

may apply for an absentee ballot by United States mail, by telegraph or by facsimile device as defined by Section 1862 of Title 21 of the Oklahoma Statutes.  The Secretary of the State Election Board shall prescribe a form to be used for said application, although any application setting forth substantially the same facts shall be valid.

Added by Laws 1984, c. 204, § 6, operative July 1, 1984.  Amended by Laws 1985, c. 78, § 2, eff. July 1, 1985; Laws 1995, c. 290, § 15, eff. Nov. 1, 1995.


§2614111.1.  Transmittal of ballot to voter.

When such application is received by the secretary of a county election board, it shall be his duty to verify the registration of said voter and to transmit, by United States mail, ballots which said voter has requested and is entitled to receive.

Added by Laws 1984, c. 204, § 7, operative July 1, 1984.  

§26-14-112.1.  Materials to accompany ballot.

Said ballots must be accompanied by:

1.  A plain opaque envelope in which voted ballots must be placed by the voter;

2.  An envelope bearing an affidavit stating that the voter is qualified to vote, that he has personally marked the ballots or has directed a person chosen by the voter to mark the ballots in accordance with the provisions of Section 7-123.3 of this title; and

3.  A return envelope addressed to the secretary of the county election board.

Added by Laws 1984, c. 204, § 8, operative July 1, 1984.  Amended by Laws 1997, c. 176, § 15, eff. Nov. 1, 1997.


§26-14-113.2.  Marking and return of ballot.

A.  The voter shall be responsible for marking the ballots or directing a person chosen by the voter to mark the ballots in accordance with the provisions of Section 7-123.3 of this title and as prescribed by the Secretary of the State Election Board; seal the ballots in the plain opaque envelope; fill out completely and sign the affidavit or direct a person chosen by the voter to sign the affidavit, such signature to be witnessed by two persons, who did not sign the affidavit, whose signature and address shall appear on the affidavit; seal the plain opaque envelope inside the envelope bearing the affidavit and return both envelopes, sealed inside the return envelope, by United States mail or by a private mail service, provided such service has delivery documentation, to the county election board.

B.  No person, except members of absentee voting boards, shall witness the signature of more than five affidavits of persons who swear they are physically incapacitated and unable to vote in person at their precinct on election day.  No person who is a candidate for an office on the ballot or who is related within the third degree of consanguinity or affinity to a candidate on the ballot may witness any absentee ballot affidavit.

Added by Laws 1984, c. 204, § 9, operative July 1, 1984.  Amended by Laws 1991, c. 321, § 38, eff. March 1, 1992; Laws 1997, c. 176, § 16, eff. Nov. 1, 1997; Laws 1998, c. 357, § 12, eff. Jan. 1, 1999; Laws 2000, c. 358, § 12, eff. July 1, 2000; Laws 2002, c. 447, § 16, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 11.


§26-14-113.3.  Repealed by Laws 1991, c. 277, § 5, eff. Sept. 1, 1991.

§26-14-114.  Elector convined to nursing facility outside county.

If the secretary of a county election board receives such a request from an incapacitated elector confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, outside the county of jurisdiction of the secretary, the secretary shall provide ballots and materials by mail in the manner hereinbefore prescribed.

Added by Laws 1974, c. 201, § 14, operative July 1, 1974.  Amended by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976; Laws 2002, c. 447, § 17, emerg. eff. June 5, 2002.


§26-14-115.  Elector confined to nursing facility within county - Procedures.

If the secretary of a county election board receives a request from an incapacitated elector confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, within the county of the jurisdiction of the secretary, the secretary shall cause to be implemented the following procedures:

1.  On the Thursday, Friday, Saturday or Monday preceding the election, the absentee voting board shall deliver to each registered voter who is confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, and who requested ballots for an incapacitated voter said ballots and materials as may be necessary to vote same.

2.  The voter must mark the ballots in the manner hereinbefore provided in the presence of the absentee voting board, but in such a manner as to make it impossible for any person other than the voter to ascertain how said ballots are marked.  Insofar as is possible, the voting procedure shall be the same as if the voter were casting a vote in person at a precinct.

3.  The voter shall then seal said ballots in the plain opaque envelope and shall seal said plain opaque envelope in the envelope bearing an affidavit.  The voter must complete said affidavit, and the signature of the voter on same must be witnessed by both members of the absentee voting board.

4.  The envelope bearing an affidavit then must be sealed in the return envelope, which shall be returned by the absentee voting board to the secretary of the county election board on the same day said affidavit was executed.

5.  Ballots cast in said manner shall be counted in the same manner as regular mail absentee ballots.

Added by Laws 1974, c. 201, § 15, operative July 1, 1974.  Renumbered from Title 26, § 327.15 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1991, c. 277, § 2, eff. Sept. 1, 1991; Laws 2002, c. 447, § 18, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 12.


§2614115.1.  Incapacitated voter unable to vote in person - Procedure.

A registered voter who becomes incapacitated after 5:00 p.m. on Tuesday preceding an election, is unable to vote in person at the appropriate precinct on the day of the election may make a written request for an absentee ballot.  The request shall be signed by the voter, or signed by a witness at the voter's direction if the voter is unable to sign his or her name, and shall be transmitted to the secretary of the county election board.  The person transmitting said request on behalf of the voter may be anyone of the voter's choosing at least sixteen (16) years of age; provided, said person is not employed by nor related within the third degree of consanguinity or affinity to any person whose name appears on the ballot.  The person becomes the voter's agent for purposes of voting by absentee ballot.  The voter's request must be accompanied by a sworn statement by a duly licensed physician.  Expected or likely confinement for childbirth on election day is sufficient cause to entitle a voter to vote absentee pursuant to this section.  The statement must attest to the fact that the voter is in fact unable to vote in person at the appropriate precinct on the day of the election because of a physical incapacity and that said physical incapacity originated after 5:00 p.m. on Tuesday preceding an election.  Upon receipt of the voter's request and accompanying sworn statement, the secretary of the county election board shall issue to the voter's agent the appropriate ballots and envelopes required for voting by incapacitated voters.  The ballots must be returned by the agent to the secretary of the county election board no later than 7:00 p.m. on the day of the election.  No person may be the agent for more than one voter at any election.  Upon return of the absentee ballots, the secretary of the county election board shall cause said ballots to be processed in the same manner as is prescribed for other absentee ballots.

Amended by Laws 1979, c. 240, § 29, emerg. eff. June 1, 1979; Laws 1991, c. 129, § 4, eff. Sept. 1, 1991.


§26-14-115.4.  In-person absentee voting.

A.  A registered voter may apply for an in-person absentee ballot at a location designated by the secretary of the county election board from 8 a.m. to 6 p.m. on Friday and Monday immediately preceding any election and from 8 a.m. to 1 p.m. on Saturday immediately preceding a state or federal election.  As part of the application for an in-person absentee ballot such registered voter shall swear or affirm that the voter has not voted a regular mail absentee ballot and that the voter will not vote at the regular polling place in the election for which the in-person absentee ballot is requested.

B.  One or more absentee voting boards shall be on duty from 8 a.m. to 6 p.m. at the in-person absentee polling place on Friday and Monday immediately preceding any election and from 8 a.m. to 1 p.m. on Saturday immediately preceding a state or federal election.  If the secretary of a county election board receives an application from a registered voter requesting to vote by in-person absentee ballot the secretary shall cause to be implemented the following procedures:

1.  An absentee voting board shall provide to each registered voter who applies for an in-person absentee ballot appropriate ballots and materials as may be necessary to vote;

2.  The voter must sign an in-person absentee voter record, and the signature of the voter on such record must be certified by both members of the absentee voting board, except that the secretary of the county election board and one other member of the absentee voting board may certify the signature of another member of the absentee voting board;

3.  The voter must mark the ballots of the voter in the manner provided by law in the presence of the absentee voting board, but in such a manner as to make it impossible for any person other than the voter to ascertain how said ballots are marked.  Insofar as is possible, the voting procedure shall be the same as if the voter were casting a vote in person at a precinct;

4.  The voter shall then deposit the ballot in a voting device designated for in-person absentee voting by the secretary of the county election board;

5.  When the in-person polling place is closed on each day of in-person absentee voting the in-person absentee voting board shall, without obtaining a printout of results, remove the vote data pack from the voting device and seal ballots counted that day in a transfer case which shall be secured by the sheriff of the county in the same manner as provided in Section 8-110 of this title.  The vote data pack shall be sealed in a container prescribed by the Secretary of the State Election Board.  The sheriff shall secure the sealed vote data pack container and return it to the in-person absentee voting board no later than 7:45 a.m. on the next day of  in-person absentee voting or to the secretary of the county election board at the time of the county election board meeting to count absentee ballots on election day;

6.  The vote data pack or packs used for in-person absentee voting shall be used by the county election board to count absentee ballots on election day as provided in Section 14-125 of this title; and

7.  If there is a malfunction in such a way that the vote data pack used for in-person absentee voting will not function, the sheriff is authorized to return the transfer cases containing in-person absentee ballots to the county election board to be recounted as provided in Section 7-134.1 of this title.

Added by Laws 1991, c. 277, § 4, eff. Sept. 1, 1991.  Amended by Laws 1992, c. 247, § 21, emerg. eff. May 21, 1992; Laws 1993, c. 316, § 11, eff. Sept. 1, 1993; Laws 1997, c. 176, § 17, eff. Nov. 1, 1997; Laws 2002, c. 341, § 1; Laws 2003, c. 485, § 13; Laws 2004, c. 307, § 8, emerg. eff. May 17, 2004; Laws 2004, c. 307, § 8, emerg. eff. May 17, 2004.


§26-14-115.5.  Absentee voting boards.

To carry out the provisions of Sections 14-115 and 14-115.4 of this title, the secretary of the county election board shall designate one or more absentee voting boards, to be composed of two (2) members each, with each member to be of a different political affiliation.  No later than July 1 in each even-numbered year, the chair of the county central committees of the two political parties having the highest number of registered voters in the county shall each submit a list of ten names to the secretary.  Such lists shall contain names of registered voters of the county, who may be members of the county election board, except the secretary, or precinct election boards.  The secretary shall be confined to such list in designating membership on the absentee voting board or boards, unless all persons on such lists are ineligible or unwilling to serve.  In the event the chair of the county central committee of a political party fails to submit a list as herein provided, the secretary shall appoint membership to such board or boards from the ranks of registered voters of such party within the county.  Provided further, that in the event the list of names of either or both parties is exhausted and additional absentee voting boards are needed, the secretary shall appoint additional members to such boards from the ranks of such party or parties in the county.  Members of an absentee voting board shall be reimbursed for their expenses at the same rate as a precinct judge or clerk, as provided in Section 2-129 of this title.  One member of each such board serving a nursing home or convalescent hospital shall be allowed mileage reimbursement at the rate prescribed for travel by state employees according to the State Travel Reimbursement Act.

Added by Laws 1991, c. 277, § 4, eff. Sept. 1, 1991.  Amended by Laws 1992, c. 247, § 22, emerg. eff. May 21, 1992; Laws 1995, c. 315, § 4, eff. July 1, 1995; Laws 2004, c. 545, § 22, eff. July 1, 2005.


NOTE:  Laws 2004, c. 307, § 9 repealed by Laws 2005, c. 1, § 22, eff. July 1, 2005.


§26-14-116.  Uniformed and overseas voters - Request for ballot - Place of registration.

Any qualified elector covered by the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, and the spouse or dependent of the elector may make written application to the secretary of the county election board in the county of the residence of the elector for absentee ballots and shall be entitled, without being registered to vote, to receive absentee ballots for all elections in which the elector is eligible to participate that occur both during the remainder of the calendar year in which the application is received and during the subsequent calendar year without requiring further application.  Voter registration in the county shall not be required for a qualified elector covered by the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, although the elector must be eligible to be registered to vote as provided by Section 4-101 of this title.

Added by Laws 1974, c. 201, § 16, operative July 1, 1974.  Renumbered from Title 26, § 327.16 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1984, c. 66, § 1, operative July 1, 1984; Laws 2003, c. 485, § 14.


§26-14-117.  Form of application to be used by voters in Armed Forces.

Electors identified by Section 14-116 of this title may apply for absentee ballots as provided for in the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, or by letter setting forth substantially the same facts.  Said application shall be transmitted by United States mail or by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes to the secretary of the county election board of the elector's residence.

Added by Laws 1974, c. 201, § 17, operative July 1, 1974.  Renumbered from Title 26, § 327.17 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1992, c. 247, § 23, emerg. eff. May 21, 1992; Laws 1995, c. 290, § 17, eff. Nov. 1, 1995; Laws 2003, c. 485, § 15.


§26-14-118.  Transmittal of ballot to voter.

When an application for an absentee ballot pursuant to Section 14-117 of this title is received by the secretary of a county election board, it shall be the duty of the secretary to transmit, by United States mail or by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes, the ballots which said elector has requested and is entitled to receive.

Added by Laws 1974, c. 201, § 18, operative July 1, 1974.  Renumbered from Title 26, § 327.18 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 2003, c. 485, § 16.


§26-14-118.1.  Failure to receive mailed ballot in time to be counted - Transmission by facsimile device.

In the event that an absentee ballot mailed to a voter identified by Section 14-116 of Title 26 of the Oklahoma Statutes cannot be received by the voter, voted and returned to the secretary of the county election board in the county of the residence of the voter in time to be counted, the secretary shall be authorized to transmit a ballot for federal offices by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes, provided that the voter has made a timely application for an absentee ballot.  Instructions and an affidavit as required by paragraph 2 of Section 14-119 of Title 26 of the Oklahoma Statutes and a statement waiving the right to a secret ballot also shall accompany the ballot that was transmitted by facsimile device.  The voter may transmit by facsimile device the voted ballot only to the location designated by the Secretary of the State Election Board.  Regular absentee ballots also shall be mailed to the voter, and if the regular ballots are returned by the voter and received by the secretary of the county election board in time to be counted, the ballot transmitted by facsimile device shall not be counted.  The Secretary of the State Election Board shall promulgate rules setting forth procedures and prescribe appropriate forms to transmit and to receive absentee ballots pursuant to this section.

Added by Laws 2003, c. 485, § 17.


§2614119.  Materials to accompany ballot.

Said ballots must be accompanied by:

1.  A plain opaque envelope in which voted ballots must be placed by the voter;

2.  An envelope bearing an affidavit stating that the voter is qualified to vote, that he has personally marked the ballots, and has not exhibited the marked ballots to any other person; and

3.  A return envelope addressed to the secretary of the county election board.

Laws 1974, c. 201, § 19, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§26-14-120.  Return of ballots.

The voter shall be required to mark the voter's ballots in ink or other manner as prescribed by the Secretary of the State Election Board, seal the ballots in the plain opaque envelope, fill out completely and sign the affidavit, seal the plain opaque envelope inside the envelope bearing the affidavit, and return both envelopes, sealed inside the return envelope, by United States mail or by a private mail service, provided such service has delivery documentation.

Added by Laws 1974, c. 201, § 20, operative July 1, 1974.  Renumbered from Title 26, § 327.20 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1984, c. 66, § 2, operative July 1, 1984; Laws 1987, c. 56, § 1, eff. Nov. 1, 1987; Laws 1991, c. 321, § 39, eff. March 1, 1992; Laws 2003, c. 485, § 18.


§26-14-120.1.  Special write-in absentee ballots.

A.  Notwithstanding any other law to the contrary, any qualified elector who is covered by the federal Uniformed and Overseas Absentee Voting Act of 1986, as amended, may make written application within ninety (90) days before an election for presidential preference, presidential electors, or members of the United States Senate and United States House of Representatives to the secretary of the county election board of residence of the elector for a special writein absentee ballot for said federal offices being contested in the election.  The elector shall be entitled, without being registered, if a qualified elector in the precinct of residence, to receive the special writein absentee ballot.

B.  Application shall be by using Standard Form 76, Post Card Application for Absentee Ballot, as provided for in the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, or by letter setting forth substantially the same facts.

C.  Upon receipt of the application, the secretary of the county election board shall issue to the elector the ballot which shall be prescribed by the Secretary of the State Election Board, a list of the offices to be voted upon, and other materials as described in Section 14119 of this title.  As soon as a completed list of nominated candidates including the party designations of the candidates is available, the secretary shall send the list to each applicant.  If the list of candidates is not available when the ballot is issued, the secretary shall include a statement indicating that the list shall be mailed as soon as it becomes available.

D.  The ballot shall permit the elector to vote by writing in the names of specific candidates, the names of persons whom the voter prefers, or, in the case of a general election, the party preference for each office.  The ballot shall be returned in the manner specified in Section 14120 of this title.

E.  A voter who requests a special writein absentee ballot pursuant to the provisions of this section may also request regular absentee ballots pursuant to the provisions of Section 14116 of this title.  If the regular absentee ballots are properly returned, the special writein absentee ballot shall be deemed void and shall be rejected without the opaque envelope being opened.

F.  Special writein absentee ballots shall be counted and tabulated according to procedures prescribed by the Secretary of the State Election Board.

Added by Laws 1990, c. 241, § 1, emerg. eff. May 21, 1990.  Amended by Laws 1995, c. 290, § 16, eff. Nov. 1, 1995; Laws 2003, c. 485, § 19.


§26-14-121.  Discharged military personnel or personnel on officially authorized leave or spouses thereof - Authorization to vote.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Any person eligible to register, who has been honorably discharged or is on officially authorized leave from the Uniformed Services of the United States, or who has been terminated in such service or employment overseas, or who is the spouse or dependent of a person who has been honorably discharged, is on authorized leave from the Uniformed Services of the United States or who has been terminated in such service or employment overseas, and returned home too late to register at the time when, and at the place where, registration is required, to vote at the next ensuing election, shall be entitled to vote a provisional ballot at such election in the precinct for which the person is a qualified elector without being registered.  Such person shall be entitled to cast the provisional ballot and to have the provisional ballot counted upon completion of an affidavit as required by Section 8 of this act.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Any person eligible to register, who has been honorably discharged or is on officially authorized leave from the Uniformed Services of the United States, or who has been terminated in such service or employment overseas, or who is the spouse or dependent of a person who has been honorably discharged, is on authorized leave from the Uniformed Services of the United States or who has been terminated in such service or employment overseas, and returned home too late to register at the time when, and at the place where, registration is required, to vote at the next ensuing election, shall be entitled to vote a ballot at such election in the precinct for which the person is a qualified elector without being registered.  Such person shall be entitled to vote upon satisfying the precinct inspector or in-person absentee voting board member that the person is entitled to vote at such election and completing a voter registration application for an address within the precinct.

Added by Laws 1974, c. 201, § 21, operative July 1, 1974.  Renumbered from Title 26, § 327.21 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1997, c. 176, § 18, eff. Nov. 1, 1997; Laws 1998, c. 357, § 13, eff. Jan. 1, 1999; Laws 2002, c. 447, § 19, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 20; Laws 2004, c. 545, § 23, eff. July 1, 2005.


§26-14-121.1.  Replacement absentee ballots.

A registered voter whose application is on file and who lost or did not receive absentee ballots may apply for a second set of absentee ballots if more than seven (7) days have passed since the ballots were transmitted to the voter by the county election board.  To receive a second set of ballots, the voter must swear or affirm that the voter lost or did not receive the original set of ballots for that election and that the voter will vote only one set of ballots.  The Secretary of the State Election Board shall prescribe a form to be used for such application, although any written application setting forth substantially the same facts shall be valid.  The written application for replacement ballots shall be personally signed by the voter and acknowledged before a notary public or witnessed as required on the affidavit for return of the original absentee ballots, and may be transmitted to the county election board in person by the voter, by United States mail or by an agent designated by the voter.  The person transmitting such application on behalf of the voter may be anyone of the voter's choosing at least sixteen (16) years of age, provided said person is not employed by or related within the third degree of consanguinity or affinity to any person whose name appears on the ballot.  No person may be the agent for more than one voter at any election.  Such second ballot set shall be transmitted by the voter to the county election board in the same manner as provided in the original set.

Added by Laws 1990, c. 306, § 7, emerg. eff. May 30, 1990.  Amended by Laws 2002, c. 447, § 20, emerg. eff. June 5, 2002.


§2614122.  Handling of returned ballots.

When received, the secretary of the county election board shall cause envelopes containing absentee ballots to be placed in a ballot box, locked with three locks, in a secure place.

Laws 1974, c. 201, § 22, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§26-14-123.  Removal of outer envelopes - Examination of affidavits.

At 10 a.m. on Thursday preceding the election, or at such time thereafter as the county election board may desire, the county election board may meet and publicly remove the outer envelopes from all absentee ballots then received, examine and remove properly executed affidavits and place the plain opaque envelopes in a ballot box, locked with three locks.  Said procedure shall be repeated until such time as all ballots have been received.

Added by Laws 1974, c. 201, § 23, operative July 1, 1974.  Renumbered from Title 26, § 327.23 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1993, c. 316, § 12, eff. Sept. 1, 1993; Laws 2003, c. 485, § 21.


§2614124.  Absentee counters  Appointment.

The secretary of the county election board shall appoint absentee counters as authorized by the State Election Board, said absentee counters meeting all qualifications required of precinct counters.

Laws 1974, c. 201, § 24, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§2614125.  Counting procedure.

A.  On the day of the election at such time as the secretary of the county election board may prescribe, the county election board shall meet at the county courthouse or at the offices of the county election board if located elsewhere to count absentee ballots in the following manner:

The ballot box containing the plain opaque envelopes shall be shaken to mix the envelopes, after which the box shall be opened, the envelopes removed, and the ballots counted by a voting device assigned to count absentee ballots and operated by persons appointed by the secretary of the county election board.

B.  The procedure described in this section shall be repeated as is necessary until all ballots have been counted.  In no event shall fewer than twelve ballot cards be counted at any time, unless fewer than twelve ballot cards are received in total or after the first count is made.  The results of said absentee ballots shall not be announced earlier than 7:00 p.m. on the day of the election.

Added by Laws 1974, c. 201, § 25, operative July 1, 1974.  Renumbered from § 327.25 by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 1983, c. 45, § 1, operative July 1, 1983; Laws 1991, c. 321, § 40, eff. March 1, 1992; Laws 1993, c. 316, § 13, eff. Sept. 1, 1993.


§26-14-126.  Repealed by Laws 1991, c. 321, § 57, eff. March 1, 1992.

§2614127.  Prescribing forms.

The Secretary of the State Election Board shall prescribe all forms to be used in administering absentee ballot provisions of the law.

Laws 1974, c. 201, § 27, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§2614128.  Instructions.

The Secretary of the State Election Board shall prescribe instructions for voting by absentee ballot.  A copy of said instructions shall be mailed to each voter requesting an absentee ballot.

Laws 1974, c. 201, § 28, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§2614129.  List of absentee voters.

The secretary of each county election board shall cause to be printed the words "Absentee Ballot Request" next to the voter's name on the precinct registry for all voters in a precinct who have requested absentee ballots prior to election day.

Laws 1974, c. 201, § 29, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976; Laws 1990, c. 331, § 18, eff. July 1, 1990.


§2614130.  Posting of lists.

The secretary of each county election board shall publicly post a list of all voters by precinct who have requested absentee ballots at the office of the county election board on the day preceding the election.

Laws 1974, c. 201, § 30, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976; Laws 1990, c. 331, § 19, eff. July 1, 1990.


§26-14-131.  Repealed by Laws 1990, c. 331, § 21, emerg. eff. May 31, 1990.

§26-14-132.  Retention of materials.

All materials used for procuring and casting an absentee ballot shall be retained by the secretary of the county election board for a period of twenty-four (24) months after the day of the election.

Added by Laws 1983, c. 171, § 20, emerg. eff. June 6, 1983.  Amended by Laws 1997, c. 176, § 19, eff. Nov. 1, 1997.


§2614133.  Notification of rejection.

In the event a voter's application or affidavit is rejected for any reason, the secretary of the county election board shall immediately notify said voter in writing of the rejection and the reason therefor.

Laws 1974, c. 201, § 33, operative July 1, 1974; Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  

§26-14-135.  Emergency procedures to facilitate voting by uniformed and overseas citizens.

If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, impossible or unreasonable, such as a natural disaster or an armed conflict involving United States Armed Forces, or mobilization of those forces, including National Guard and Reserve components, the Secretary of the State Election Board may prescribe special emergency procedures as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in the state.

Added by Laws 2003, c. 485, § 22.


§2615108.1.  Uses of campaign contributions  Unused contributions.

Contributions received by any person who has filed a declaration of candidacy for any public office with the Secretary of the State Election Board or the secretary of any county election board shall be used to defray any campaign expenditures or any ordinary and necessary expenses incurred by the person in connection with his duties as a holder of the public office.  Said contributions shall not be used for any other purposes. Contributions and any interest income earned on said contributions which are not used in this manner shall be returned to the contributors pursuant to any formula approved by the person or shall be donated to the campaign of any other political candidate or candidates or to any political party officially recognized by the State Election Board or retained by the person for use in a future election.

§26-16-101.  Felony offenses.

Any person deemed guilty of a felony under provisions of this act shall, upon conviction, be confined in the State Penitentiary for not more than two (2) years, or fined not more than Five Thousand Dollars ($5,000.00), or both.

Added by Laws 1974, c. 153, § 16-101, operative Jan. 1, 1975.  Amended by Laws 1997, c. 133, § 441, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 325, eff. July 1, 1999.


NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 441 from July 1, 1998, to July 1, 1999.


§26-16-102.  Voting illegally.

Any person who votes more than once at any election, who votes in a precinct after having transferred voter registration to a new precinct, or who, knowing that he or she is not eligible to vote at an election, willfully votes at said election shall be deemed guilty of a felony.  Any voter covered by Section 14-116 of this title who willingly votes and submits an absentee ballot pursuant to Section 14-104.1 of this title later than the day of the election shall be deemed guilty of a felony.

Added by Laws 1974, c. 153, § 16-102, operative Jan. 1, 1975.  Amended by Laws 2003, c. 485, § 23; Laws 2004, c. 5, § 19, emerg. eff. March 1, 2004.


NOTE:  Laws 2003, c. 403, § 3 repealed by Laws 2004, c. 5, § 20, emerg. eff. March 1, 2004.


§26-16-103.  False swearing.

Any person who swears or affirms a false affidavit in order to become eligible to vote, to obtain and vote a provisional ballot, or to obtain and vote an absentee ballot shall be deemed guilty of a felony.

Added by Laws 1974, c. 153, § 16-103, operative Jan. 1, 1975.  Amended by Laws 2004, c. 307, § 10, emerg. eff. May 17, 2004.


§26-16-103.1.  Unauthorized registration of voters.

Anyone who knowingly causes any qualified elector to be invalidly registered or anyone who knowingly causes any unqualified person to be registered shall be deemed guilty of a felony.

Added by Laws 1991, c. 52, § 2, emerg. eff. April 9, 1991.  Amended by Laws 1994, c. 260, § 24, eff. Jan. 1, 1995.


§2616104.  False notarization.

Any person, notary public or other official authorized to administer oaths who notarizes, verifies, acknowledges or attests to the signature on the affidavit of an absent voter or on the attestation of an incapacitated voter, without the person whose affidavit or attestation is being taken actually appearing in person before said person, notary public or official authorized to administer oaths, shall be deemed guilty of a felony.

Laws 1974, c. 153, § 16104, operative Jan. 1, 1975.  

§2616105.  Fraud.

A.  Any person who knowingly perpetrates fraud, or who steals supplies used to conduct an election, in order to change a voter's vote, or to change the composition of the official ballot or ballots, or to change the counting of the ballots, or to change the certification of the results of an election, shall be deemed guilty of a felony.

B.  At every precinct there shall be posted information, provided by the State Election Board, which states the penalties for voter fraud and states that, if voter fraud is suspected, complaints should be reported to the State Election Board.

C.  The State Election Board shall, upon receiving the complaint:

1.  Document such complaint and request the name and mailing address of the person making the complaint;

2.  Send a letter to the person making the complaint, stating the penalties for voter fraud and the option of contacting the district attorney in the county where such fraud is suspected; and

3.  Provide the district attorney's name and phone number.

D.  All information relating to voter complaints shall remain confidential until after the complaint has resulted in a conviction or a plea of guilty or nolo contendere.

Added by Laws 1974, c. 153, § 16105, operative Jan. 1, 1975.  Amended by Laws 2003, c. 403, § 4, eff. Nov. 1, 2003.


§2616106.  Bribes to influence votes.

Any person who offers, solicits or accepts something of value intended to directly or indirectly influence the vote of the person soliciting or accepting same shall be deemed guilty of a felony.

Laws 1974, c. 153, § 16106, operative Jan. 1, 1975.  

§2616107.  Bribe for withdrawal of candidacy.

Any person who shall offer or give to another anything of value to induce or cause such other person to withdraw from a political contest as a candidate or nominee at any election shall be deemed guilty of a felony.

Laws 1974, c. 153, § 16107, operative Jan. 1, 1975.  

§2616108.  Acceptance of bribe for withdrawal.

Any person who shall solicit or accept from another anything of value for withdrawing from any political contest as a candidate or nominee for any office at any election shall be deemed guilty of a felony.

Laws 1974, c. 153, § 16108, operative Jan. 1, 1975.  

§2616109.  Coercion prohibited.

Any person who, by means of coercion or any other method, knowingly attempts to prevent a qualified elector from becoming registered, or a registered voter from voting, shall be deemed guilty of a felony.

Laws 1974, c. 153, § 16109, operative Jan. 1, 1975.  

§2616110.  Misdemeanors.

Any person deemed guilty of a misdemeanor under provisions of this act shall, upon conviction, be confined to the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00) or both.

Laws 1974, c. 153, § 16110, operative Jan. 1, 1975. d

§2616111.  Electioneering.

Any person who electioneers within three hundred (300) feet of any ballot box while an election is in progress, and any person except election officials and other persons authorized by law who remains within fifty (50) feet of any ballot box while an election is in progress shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16111, operative Jan. 1, 1975. d

§2616112.  Intoxicating liquors.

Any person who takes intoxicating liquors of any kind or quantity to within onehalf (1/2) mile of any polling place on an election day shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16112, operative Jan. 1, 1975.  

§26-16-113.  Interference with voter or conduct of election.

Any person, including a lawfully appointed watcher or exit pollster, who interferes with a registered voter who is attempting to vote, or any person who attempts to influence the vote of another by means of force or intimidation, or any person who interferes with the orderly and lawful conduct of an election shall be deemed guilty of a misdemeanor.

Added by Laws 1974, c. 153, § 16-113, operative Jan. 1, 1975.  Amended by Laws 2004, c. 307, § 11, emerg. eff. May 17, 2004.


§2616114.  Failure to perform duty.

Any member or employee of a county election board or precinct election board who willfully fails to perform his lawful duty shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16114, operative Jan. 1, 1975.  

§2616115.  Disclosure by voter.

Any person who, within the election enclosure, discloses to any other person how he voted shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16115, operative Jan. 1, 1975.  

§2616116.  Disclosure by election official.

Any election official who discloses how any voter may have voted shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16116, operative Jan. 1, 1975. d

§2616117.  Disclosure of count.

Any person who discloses the count during an election prior to the time such disclosure is authorized by law shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16117, operative Jan. 1, 1975. de

§2616118.  Removal of ballot.

Any person who removes a ballot from the polling place or who carries a ballot into the polling place shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16118, operative Jan. 1, 1975.  

§2616119.  Expenditure of public funds.

Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law.

Laws 1974, c. 153, § 16119, operative Jan. 1, 1975.  

§2616120.  Illegal printing or possession of certain voting materials.

Any person who causes to be printed, or who has in his possession ballots or blank voter identification cards not authorized by law shall be deemed guilty of a misdemeanor.

Added by Laws 1974, c. 153, § 16120, operative Jan. 1, 1975.  Amended by Laws 1991, c. 52, § 3, emerg. eff. April 9, 1991; Laws 1994, c. 260, § 25, eff. Jan. 1, 1995.


§2616121.  False application.

Any person who knowingly executes a false application for an absentee ballot shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16121, operative Jan. 1, 1975.  

§26-16-123.  Voter registration or voting crimes - Notification of district attorney - Investigation and report.

A.  The Secretary of the State Election Board or any county election board who has documents that appear to be evidence of voter registration or voting crimes shall notify the district attorney for the county or counties involved.

B.  When presented with documentation of possible voter registration or voting crimes by the Secretary of the State Election Board or any county election board, a district attorney shall investigate and, within thirty (30) days and each thirty (30) days thereafter following receipt of such documentation, report in writing to the Secretary of the State Election Board or county election board the status of the investigation until charges are filed or the district attorney declines to file charges.

Added by Laws 1997, c. 177, § 5, eff. Nov. 1, 1997.


§26-16-123.1.  Witnessing signature of more than certain number of affidavits of persons swearing incapacitation - Violation.

Any person, except members of absentee voting boards, who witnesses the signature of more than five affidavits of persons who swear they are physically incapacitated and unable to vote in person at their precinct on election day shall, upon conviction, be deemed guilty of a misdemeanor.

Added by Laws 2002, c. 447, § 21, emerg. eff. June 5, 2002.


§2617112.  Effect of headings.

Article and section headings contained in this act shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section hereof.

Laws 1974, c. 153, § 17112, operative Jan. 1, 1975.  

§26-20-101.  Date of primary - Other elections prohibited.

A.  A Presidential Preferential Primary for recognized political parties shall be held on the first Tuesday in February in each of the years in which the President and Vice President of the United States are to be elected.

B.  If one or more states having a mutual boundary with this state establish a single date for a regional primary, the State Election Board is authorized to change the date of the Oklahoma primary to the date established for the regional primary.

C.  No county, municipality, school district or other entity authorized by law to call elections shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such Primary Election.  However, this subsection shall not apply to home rule municipalities.

Added by Laws 1986, c. 4, § 1, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 306, § 1, emerg. eff. May 30, 1990; Laws 2003, c. 174, § 1, eff. Nov. 1, 2003.


§26-20-102.  Filing with Secretary of State - Qualifications - Petition - Fees - Ballots.

A.  Candidates for the nomination for President of the United States shall file with the Secretary of the State Election Board.  Such candidates shall be members of political parties recognized under the laws of the State of Oklahoma and shall have filed a statement of candidacy with the Federal Election Commission and shall have raised and expended not less than Five Thousand Dollars ($5,000.00) for said office.  The candidates shall be required to swear an oath or affirm that they meet the aforementioned qualifications, and their signatures shall be witnessed by a notary public.  Such filing beginning at 8:00 a.m. on the first Monday in December and ending at 5:00 p.m. on the next succeeding Wednesday, or at a time prescribed by the State Election Board for a Presidential Preferential Primary to be held on a date other than the first Tuesday in February.  A statement of candidacy must be accompanied by a petition supporting a candidate's filing signed by one percent (1%) of the registered voters in each congressional district eligible to vote for a candidate or one thousand (1,000) registered voters in each congressional district eligible to vote for a candidate, whichever is less, as reflected by the latest January 15 registration report; or by a cashier's check or certified check in the amount of Two Thousand Five Hundred Dollars ($2,500.00).  Such check shall be forfeited unless a candidate receives more than fifteen percent (15%) of the votes cast.  The State Election Board shall cause the names of all candidates who have filed within the proper time to be printed on the official ballots.  The ballots shall be prepared as provided for by law.  Voters shall be restricted to one vote for the candidate of his or her choice of the political party in which the voter is registered.

B.  Each page of a petition supporting a candidate's filing shall identify the county and the congressional district, and shall contain the names of registered voters in only one congressional district and in only one county.

C.  Each page of a petition supporting a candidate's filing shall be verified.  Verification shall be made in substantial compliance with the provisions of Section 6 of Title 34 of the Oklahoma Statutes.

Added by Laws 1986, c. 4, § 2, eff. Nov. 1, 1986.  Amended by Laws 1987, c. 86, § 4, eff. Nov. 1, 1987; Laws 2003, c. 485, § 24.


2620103.  Primary election statutes applicable.

Except as provided for in this act, the provisions of Title 26 of the Oklahoma Statutes relating to primary elections shall apply to Presidential Preferential Primary elections.

Added by Laws 1986, c. 4, § 3, eff. Nov. 1, 1986.

§2620104.  Certification of candidates  Allocation of delegates  Future primaries  Delegate voting.

A.  Upon the completion of the state canvass of the results of the Presidential Preferential Primary, the Secretary of the State Election Board shall certify to the state chairman of each political party which has candidates participating in the primary:

1.  the names of the party's candidates and the votes each received, by congressional district as well as statewide; and

2.  the total of the votes cast in the political party, by congressional district as well as statewide.

B.  Each candidate shall be awarded delegates by congressional districts proportionately, by the ratio of votes they received to the total vote cast in said congressional district; provided however, no delegates shall be awarded to any candidate receiving less than fifteen percent (15%) of the vote, and such votes shall be allocated among the other candidates in proportion to their total vote.  If no candidate receives fifteen percent (15%) or more of the vote, then the candidate receiving the highest number of votes in that district shall be awarded all the delegates from that district.  C.  The candidate receiving the largest number of votes statewide shall be awarded all delegate votes authorized by the National Committee of the political party which are selected as the atlarge delegates at the state convention of said party.

D.  Votes shall be allocated on a basis of not less than onehalf (1/2) delegate vote or the minimum allowed by the national party rules.

E.  Each political party shall then select, by a method to be determined by the party, as many delegates to the national party convention as are allotted it by the national committee of that party.

F.  No later than 5:00 p.m. on the tenth day of January, 1988, and each year thereafter in which the President and Vice President of the United States are to be elected, the Attorney General shall submit to the Secretary of the State Election Board notice of the manner in which results of the next following Presidential Preferential Primary are to be certified and to whom said results are to be certified.  The State Election Board shall certify results according to the manner prescribed in the notice.  The Attorney General shall be required to provide said notice in such a way as to be consistent with the methods required by the recognized political parties relative to selection of delegates to their national conventions.

G.  Each delegate or alternate delegate to the national convention of his political party shall cast their vote on all ballots for the candidate who received this state's vote. If that candidate is for any reason no longer a candidate, the votes of the Oklahoma delegation shall be cast for any candidate of their choice.  H.  If the political parties involved in the primary elections will not accept the minimum threshold or other provisions of this section, or have a different method of allocating the votes of all candidates falling below such threshold, either as to the congressional districts or statewide vote, then these matters may be governed by the respective political parties involved.

Added by Laws 1986, c. 4, § 4, eff. Nov. 1, 1986. Amended by Laws 1987, c. 86, § 3, eff. Nov. 1, 1987.  

§2620105.  Delegates and alternates to file affidavits on voting.

No person selected as a delegate or alternate delegate shall qualify to attend the national convention of his political party unless he files with the state central committee of his party a signed affidavit of acceptance stating his name, address, that he is a registered voter of the political party and, pursuant to effectuating the purpose and the result of the Presidential Preferential Primary in this state, that he pledges himself to vote as provided for in Section 4 of this act.

Any vote cast by a delegate which is not in accordance with his delegate pledge shall be void.

Added by Laws 1986, c. 4, § 5, eff. Nov. 1, 1986.  

§2621101.  Study of unitary, unified, integrated system of election administration  Implementation of electronic data processing applications and purchase of voting devices.

A.  The Secretary of the State Election Board is hereby authorized beginning July 1, 1989, to purchase equipment for and implement a unitary, unified, integrated system of election administration for the State of Oklahoma that includes an electronic data processing system for maintenance of voter registration records, certification of election results and other electionrelated applications, and the installation of electronic, optical scanning voting devices compatible with the same system in every precinct polling place.

B.  The Secretary of the State Election Board is authorized to adopt procedures consistent, insofar as practicable, with existing law for implementation of the system.

C.  Except as provided in subsection A, no electronic data processing applications shall be implemented by a county election board, nor shall voting devices be purchased by a county, except for those electronic data processing applications and voting devices already in use or for which a contract had been signed by no later than March 31, 1986.

Added by Laws 1986, c. 137, § 1, emerg. eff. April 17, 1986. Amended by Laws 1989, c. 338, § 1, emerg. eff. May 31, 1989.  

§26-21-102.  Procedures to protect proprietary interest in computer programs.

The Secretary of the State Election Board is authorized to adopt procedures and take any other actions consistent with existing law to protect the state's proprietary interest in computer programs and software, training materials, publications and any other documents developed as part of a unitary, unified, integrated system of election administration for the State of Oklahoma.

Added by Laws 1990, c. 331, § 20, eff. July 1, 1990.


§26-22-101.  Declaration of election emergency.

The Secretary of the State Election Board is authorized to declare an election emergency for any area of the state if it becomes impossible to conduct one or more elections using voting devices. Said declaration must be in writing and specify the county or counties, election or elections and dates covered by the emergency. The Secretary of the State Election Board is authorized to prescribe procedures for elections conducted under said declaration consistent with purposes of the General Election laws.

Added by Laws 1991, c. 321, § 41, eff. March 1, 1992.


§26-22-102.  Ballot printing - Party emblems.

In a declared election emergency the Secretary of the State Election Board shall declare that either this section or Section 6-106 of this title shall govern General Election ballot printing.  The official ballot for the General Election shall be printed so that the nominees of the various political parties and nonpartisan candidates will appear in columns, a column being given to the nominees of each party, and a column being given to nonpartisan candidates.  The candidates of the Democratic party shall be printed in the first column, those of the Republican party in the second position column and those of other parties as the State Election Board may direct, giving preference to the party which had the largest number of registered voters in the latest January 15 report.  Each political party shall have the right to select an emblem to be used in designating its candidates on the ballot; provided, however, that no party shall be allowed to use the coat of arms or seal of Oklahoma or of the United States, or the respective flags thereof.  Until changed by resolution of a political party, in state convention, the emblem of the Democratic party shall be a rooster and that of the Republican party an eagle.  Change in a party emblem shall be authorized by the Secretary of the State Election Board only after receipt of written notice of said change by said Secretary from the state central committee of a party.  At the top of the column shall appear the name of the recognized party; directly below the name of the party the emblem of said party; and directly below said emblem a circle at least one-half (1/2) inch in diameter.  The name of the office entitled to the first place in the column, preceded by the word "for", shall next appear in bold type, as "For Governor".  Immediately after same shall be the names of the party's nominees for such office, preceded by a square one-fourth (1/4) inch in size.  The initial or the first letter of the name of a candidate shall have only the space of an "em" between it and this square, and there shall be no line between the name of an office and that of such candidate; but there shall be a line following the name of a candidate and the name of the next office in order down the column.  The list shall be continued down each column, naming the officers in the order in which they are set out by the Constitution and statutes, until all the nominees are given space.  No party's list of candidates shall occupy more than one column, and the columns shall be setoff with well-defined lines.  At the top of the column designated for nonpartisan candidates, except in the case of judicial officers, shall appear the word "Independent"; provided further, that no party emblem and no circle shall appear between the word "Independent" and the line below same.  Each type of ballot may be printed on a different color of paper, said color to be designated by the Secretary of the State Election Board.

Added by Laws 1991, c. 321, § 42, eff. March 1, 1992.


§26-22-103.  Opening ballot box.

In a declared election emergency, when all else is in readiness for the opening of the polls, the inspector shall open each ballot box and, in view of the judge, clerk and any registered voters at the polling place, shall turn said box top down to show that no ballots are contained therein.  The inspector shall then lock said box and shall give the key to one lock to the judge, one to the clerk and retain the third himself.

Added by Laws 1991, c. 321, § 43, eff. March 1, 1992.


§26-22-104.  Method of counting.

In a declared election emergency, the counting of ballots shall be conducted in accordance with the procedure prescribed by the Secretary of the State Election Board so as to ensure accuracy and promptness in determining the result.  Provided, however, that the following provisions shall be incorporated into said prescribed procedure:

1.  In elections for which counters have been authorized, two counters, of different political parties if possible, shall call from the ballots the names of the candidates voted for, while two other counters, also of different political parties if possible, shall record the votes upon the official tally sheets.  Only pencils may be used in recording the vote.

2.  If only two counters are authorized for an election, they shall be of different political parties, if possible.  Both counters shall examine the ballots at the same time, while calling out the vote and recording said vote upon the tally sheets in the manner prescribed by the Secretary of the State Election Board.

It shall be unlawful for any person to divulge the progress of the count until after all ballots have been counted and the results of said count have been certified.

Added by Laws 1991, c. 321, § 44, eff. March 1, 1992.


§26-22-105.  Rules governing counting.

In a declared election emergency, the Secretary of the State Election Board shall declare that either this section or Section 7-107 of this title shall govern the counting and recounting of votes:

1.  If the name of any person is written on a ballot, said ballot shall not be counted for any office or question thereon;

2.  An "X", cross, or two lines that meet, including the so-called "check mark", the intersection or point of meeting of which shall be within or on the line of the proper circle or square, shall be valid.  Such marking shall be hereinafter referred to as "valid markings".  Such valid markings located otherwise on the ballot shall not be counted.  Such valid markings shall include a circle or square which has been blackened in ink, even if the entire circle or square is not filled and even if the blackened portion may extend beyond the boundaries of the circle or square;

3.  Marks used to designate the intention of the voter, other than those herein defined as valid markings, shall not be counted;

4.  Valid markings shall be counted even though one or both lines thereof shall be duplicated, provided that the lines intersect or meet within or on the line of the proper circle or square;

5.  Failure to properly mark a ballot as to one or more candidates or questions shall not of itself invalidate the entire ballot if the same has been properly marked as to other candidates or questions, unless such improper marking shall constitute a distinguishing mark;

6.  A valid marking marked in the circle under the emblem of a political party shall be counted as a vote for each of said political party's candidates on that ballot card, except that a valid marking marked in the square beside a candidate's name shall take precedence, for that office, over a valid marking in the circle under the emblem of a political party.  Provided, further, that if valid markings are marked in the circles under the emblems of more than one political party on a ballot, said ballot shall not be counted for any offices thereon; and

7.  Any ballot or part of a ballot on which it is impossible to determine the voter's choice of candidate shall be void as to the candidate or candidates thereby affected.

Added by Laws 1991, c. 321, § 45, eff. March 1, 1992.


§26-22-106.  Reason for failure to count to be noted.

In a declared election emergency, if a ballot or part of a ballot is not counted for any reason, a counter shall write said reason on the back of said ballot, and sign said statement.

Added by Laws 1991, c. 321, § 46, eff. March 1, 1992.


§26-22-107.  Mutilated ballots.

In a declared election emergency, a ballot bearing the name of a person or which is marked in the circles under the emblems for more than one political party, as hereinbefore described, and a ballot which was placed in the ballot box without being voted, shall be considered as a mutilated ballot and shall be retained separately from the ballots which have been counted in whole or in part.

Added by Laws 1991, c. 321, § 47, eff. March 1, 1992.


§26-22-108.  Watchers - Appointment - Duties.

In a declared election emergency, any candidate or any recognized political party shall be entitled to have a watcher present at any place where an official count is being conducted.  Said watcher must be commissioned in writing by the candidate, or by the chairman of the recognized political party of the county in which the watcher is being authorized.  Said commission must be filed with the secretary of the appropriate county election board no later than 5:00 p.m. on Wednesday preceding the election.  Watchers must subscribe to an oath to observe all laws and rules prescribed for watchers as hereinafter provided.  Said oath must be administered by the inspector of the precinct in which the watcher is authorized.  In counties using paper ballots, said watcher shall be limited to observing the official count and shall have no further authority than to make written objections to said count.  Said watcher shall be required to remain at the polling place for the same hours as the counters and shall be confined to the area wherein the official count is being conducted.

Added by Laws 1991, c. 321, § 48, eff. March 1, 1992.


§26-22-109.  Certificate of vote.

In a declared election emergency, at the conclusion of the official count, the counters shall execute certificates of vote wherein said counters attest to the correctness of the totals.  The inspector shall cause one copy of each certificate to be posted on the door or entrance of the polling place and shall cause one copy of each certificate to be transmitted forthwith to the Secretary of the State Election Board.

Added by Laws 1991, c. 321, § 49, eff. March 1, 1992.


§26-22-110.  Ballots and materials placed in ballot box - Return to county election board.

In a declared election emergency, all ballots and all materials used in conducting the official count shall be placed in the ballot box.  Said ballot box shall be locked, and the inspector shall return it, along with all other election materials and a copy of each certificate of vote, forthwith to the county election board.

Added by Laws 1991, c. 321, § 50, eff. March 1, 1992.


§26-22-111.  Retention of ballot box.

In a declared election emergency, the county election board shall not disturb anything in the ballot box, and the box shall be retained by the secretary of the county election board until opened by court order or until it is necessary to open same for use at the next election, at which time the ballots shall be destroyed; provided, however, that in no case shall the ballot cards be destroyed until thirty (30) days after the election at which they were cast.  Provided, however, if the certificate of vote or precinct registry has been locked inside a ballot box inadvertently, said box may be opened in public view in the presence of all members of the county election board by the inspector, who shall remove only said certificate or precinct registry and relock the ballot box.

Added by Laws 1991, c. 321, § 51, eff. March 1, 1992.


§26-22-112.  Retention of keys.

In a declared election emergency, each member of the county election board shall retain one key to each ballot box until the time for contests of elections has expired, or until the boxes are opened pursuant to such a contest.

Added by Laws 1991, c. 321, § 52, eff. March 1, 1992.


§26-22-113.  Petition for recount - Deposit required - Service of notice - Recounts of issue or question elections.

In a declared election emergency:

A.  In the event a candidate requests a recount of the ballots cast in an election, he must set forth in his petition the precincts and absentee ballots which he desires to be recounted.  Said petition must be accompanied by either a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for each county affected by the petition.  When such petition is properly filed, it shall be the duty of the secretary of the appropriate election board to order said recount to begin not less than three (3) nor more than ten (10) days from the date of filing of said petition.  It shall be the duty of such contestant to cause to be served upon the candidate or candidates opposing him, and directly affected by said contest, a true copy of said petition and a true copy of said order.  Said service shall be made in person where possible, within twenty-four (24) hours after the filing of said original petition of contest.  Service shall be made by the sheriff of the county as to all offices, except that of sheriff, in which case the same shall be served by the county clerk and the certificate of returns of such sheriff or county clerk, showing the inability to make such service within the above-mentioned time, shall be deemed sufficient proof of the absence of such candidate, or candidates, or the inability to serve such notice upon him, and to justify the constructive service hereafter provided.  Where personal service is impossible, within said time, it is hereby made the duty of said contestant to serve said true copies upon the secretary of the appropriate election board.  Provided that for the purpose of such constructive service, the secretaries of the county election boards are hereby made and constituted the service agents for all contests of elections filed in accordance herewith.  By filing his declaration of candidacy for election, a candidate shall thereby be conclusively presumed to have accepted the terms and provisions hereof and specifically the aforesaid constructive service.  When constructive service becomes necessary, said constructive service shall be made at the date, time and place of said hearing.

B.  For elections on issues or questions when no candidate is involved, recounts shall be authorized only when:

1.  the margin of votes between those for and those against the issue is one hundred fifty (150) or less when fifteen thousand (15,000) or more total votes are counted for or against the issue or question; or

2.  the margin of votes between those for and those against the issue is one percent (1%) or less of the total number of votes cast on the issue when fourteen thousand nine hundred ninety-nine (14,999) or fewer total votes are cast for or against the issue or question.  Provided, furthermore, that a recount is authorized only after an individual, who is a registered voter and who participated in the election, presents to the appropriate county election board a petition signed by one hundred fifty (150) registered voters who participated in the election when fifteen thousand (15,000) or more total votes are counted for and against the question, or if fourteen thousand nine hundred ninety-nine (14,999) or fewer votes are cast for and against the issue, by a number of registered voters who participated in the election equal to one percent (1%) or more of the total votes cast for and against the issue.  Said petition must be accompanied by either a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for each county affected by the petition.  When such petition is properly filed, it shall be the duty of the secretary of the appropriate election board to order said recount to begin not less than three (3) days nor more than ten (10) days from the date of filing of said petition.  Recounts of issue or question elections shall not be permitted of any statewide election.

Added by Laws 1991, c. 321, § 53, eff. March 1, 1992.


§26-22-114.  Procedure for counting ballots - Watchers.

In a declared election emergency, in conducting the recount of ballots, the county election board shall open each ballot box individually and shall assign said ballots to a group of counters appointed by the secretary of the county election board.  Said counters shall then conduct the recount in the same manner as provided by law for counting ballots in Primary, Runoff Primary and General Elections.  The county election board shall supervise such counting and its decision shall be final in all cases.  Each candidate affected by or individual petitioning for the recount is entitled to have a watcher present at each place where a count is being made.  Said watcher shall be limited to a challenge, in writing, of any decision made by the counters with regard to counting of a ballot.  Such challenge shall be made immediately to the county election board, whose decision on said challenge shall be final.  Each group of counters shall have representation of at least two political parties, where possible.  Said counters shall be appointed from among the registered voters of the county and shall meet such qualifications as may be imposed for a precinct inspector, judge or clerk.  Counters shall be paid on the same basis as precinct judges and clerks are paid for Primary, Runoff Primary or General Elections.

Added by Laws 1991, c. 321, § 54, eff. March 1, 1992.


§26-22-115.  Absentee ballots - Counting procedure.

In a declared election emergency:

A.  At 7:00 a.m. on the day of the election, or at such later time that day as the secretary of the county election board may prescribe, the absentee counters shall meet at the county courthouse or at the offices of the county election board if located elsewhere to count absentee ballots in the following manner:

1.  The ballot box containing the properly executed envelopes bearing affidavits shall be opened and the envelopes bearing affidavits removed;

2.  The plain opaque envelopes shall be placed in a ballot box locked with three locks; and

3.  The ballot box shall be shaken to mix the plain opaque envelopes, after which the box shall be opened, the envelopes removed, and the ballots counted according to law.

B.  The procedure described in this section shall be repeated as is necessary until all ballots have been counted.  In no event shall fewer than twelve ballots be counted at any time, unless fewer than twelve ballots are received in total or after the first count is made.  The results of said absentee ballots shall not be announced earlier than 7:00 p.m. on the day of the election.

Added by Laws 1991, c. 321, § 55, eff. March 1, 1992.


§26-22-116.  Counting by county election board in certain cases.

In an election emergency, in the event no absentee counters are authorized, the county election board shall conduct the count of absentee ballots in the manner hereinbefore provided.

Added by Laws 1991, c. 321, § 56, eff. March 1, 1992.


§26122.  Determination of successful party impossible  Procedure  Governor to call special election.

In the event, after a hearing is conducted, it is deemed impossible to determine who should be certified as the party's nominee or to whom a certificate of election shall be issued, or which candidates are entitled to have their names appear on the Runoff Primary Election ballot, the judge shall notify the appropriate election board secretary of same.  It shall then be the duty of the election board secretary to notify the Governor of said decision.  The Governor shall then order a new election to be conducted as soon as is practicable in the same manner as the contested election, with the identical candidates, provided that any candidate upon whom fraud has been proved shall not be a candidate in the new election.  Provided further, the above shall not apply to elections resulting in tie votes, which elections shall be determined as provided by law.

Laws 1974, c. 153, § 8122, operative Jan. 1, 1975.  



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