US Laws, Codes, Statutes & Cases

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