Okla. Stat. tit. 26, § 26-13-102 — OK Code / Title 26 / Section 26-13-102
Notice of elections
Status: in_force

A. Not fewer than fifteen (15) days before the filing period

for any regular municipal election, or in the event of a special

election, not fewer than sixty (60) days before such election, the

governing board of any municipality shall submit a resolution to the

secretary of the county election board conducting such election.

Such resolution shall contain the following facts:

1. The dates of the election or elections;

2. The offices to be filled or the questions to be voted upon

at such election or elections;

3. Qualifications for such offices;

4. Designation of which offices shall be filled by voting by

ward and which offices shall be filled by voting at large;

5. Indication of whether the election will be partisan or

nonpartisan;

6. For charter cities where the charter is silent, indication

of any portion of state law which will apply;

7. A list of precincts partially contained within the limits of

the municipality which are eligible to be closed pursuant to the

provisions of subsection C of Section 13-103 of this title, and a

certification of whether such precincts shall be open or not open

for the election; and

8. Any other information necessary for conducting said election

or elections.

B. In the event that a municipality governed by charter

schedules a regular or special election for a municipal office on

the same date as an election involving state or federal offices, the

Oklahoma Statutes - Title 26. Elections Page 141

filing period for such municipal office shall be scheduled to meet

the requirements of Section 16-102 of Title 11 of the Oklahoma

Statutes and of Section 3-101 of Title 26 of the Oklahoma Statutes;

provided, the filing period for such municipal office may be

scheduled on the same dates as the filing period for state or

federal office to be filled at such election.
Okla. Stat. tit. 26, § 26-4-115 — OK Code / Title 26 / Section 26-4-115
Central registry
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-110 — OK Code / Title 26 / Section 26-3-110
Reimbursement for training
Status: in_force

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.
Okla. Stat. tit. 26, § 26-5-117 — OK Code / Title 26 / Section 26-5-117
Declarations of Candidacy must be accepted - Exceptions
Status: in_force

The secretary of any election board shall accept any Declaration

of Candidacy which the secretary is authorized to accept, except

such Declaration which on its face shows that the candidate does not

meet the qualifications to become a candidate for the office set

forth as contained in the Oklahoma Constitution, statutes or

resolution calling the election. Such acceptance shall entitle the

Oklahoma Statutes - Title 26. Elections Page 78

candidate to have the candidate’s name appear on the appropriate

ballots unless the candidate withdraws candidacy according to law,

or unless a contest to said candidacy is sustained in the manner

hereinafter described.
Okla. Stat. tit. 26, § 26-2-101.3 — OK Code / Title 26 / Section 26-2-101.3
Failure of political parties to submit nominees
Status: in_force

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.
Okla. Stat. tit. 26, § 26-7-110 — OK Code / Title 26 / Section 26-7-110
Intoxicating liquor prohibited
Status: in_force

No person shall take intoxicating liquors of any kind or

quantity to within one-half (1/2) mile of any polling place on an

election day. No person shall attend an election or be within three

hundred (300) feet of a polling place in an intoxicated condition on

an election day.
Okla. Stat. tit. 26, § 26-4-120.1 — OK Code / Title 26 / Section 26-4-120.1
Voluntary cancellation of registration
Status: in_force

A. A registered voter may have his or her name removed from the

voter registration database by executing a written notice for same

to the Secretary of the State Election Board or any county election

board. Such written notice shall be personally signed by the voter

and either shall be notarized or shall be witnessed by two persons

whose names and addresses shall be included on the notice.

B. Any voter who voluntarily cancels his or her voter

registration as provided in this section shall be eligible to submit

a new voter registration application in the same county when sixty

(60) or more calendar days have passed since the submission of the

request for cancellation.
Okla. Stat. tit. 26, § 26-8-112 — OK Code / Title 26 / Section 26-8-112
Conduct of recount - Duties of presiding judge
Status: in_force

Once service has been accomplished, the recount shall commence

pursuant to the order executed by the secretary of the appropriate

election board. In the event of a recount for an office under the

jurisdiction of the State Election Board, the actual recount of

ballots shall be conducted by the county election board or boards as

assigned by the Secretary of the State Election Board. The recount

shall be conducted in the courtroom of the district court in the

county or counties for which the recount is requested, and it shall

be the duty of a judge of said court in and for said county to

attend and, in conjunction with said county election board, conduct

such recount. The petitioner or petitioner's agent shall be present

and remain in attendance when the district court judge calls the

proceedings to order. In the event the petitioner or petitioner's

agent is not present, the recount shall not be conducted and the

deposit shall be forfeited by the petitioner. It shall be the

exclusive and sole duty of said judge to hear evidence as to whether

the ballots have been preserved in the manner and by the officers

prescribed by law, and as to whether they are the identical ballots

cast by the voters, and that they have not been exposed to the reach

Oklahoma Statutes - Title 26. Elections Page 116

of unauthorized persons, as to afford a reasonable opportunity of

their having been changed or tampered with. The judgment of said

court upon such questions shall be final and conclusive. If the

court cannot determine that the ballots have been properly

preserved, then no recount shall be conducted. If the judgment of

the court is that the ballots have been properly preserved, then the

recount of the ballots shall be conducted immediately thereafter

under the exclusive supervision of the county election board.
Okla. Stat. tit. 26, § 26-5-128 — OK Code / Title 26 / Section 26-5-128
Declaration may be amended
Status: in_force

If said contestee's Declaration of Candidacy may be amended or

corrected to conform to law, the election board may order the same

to be done, if the board determines such amendment or correction to

be proper at the time of its order or decision.
Okla. Stat. tit. 26, § 26-4-115.1 — OK Code / Title 26 / Section 26-4-115.1
Correction of clerical or administrative errors
Status: in_force

The secretary of each county election board is authorized to

correct clerical or administrative errors in the voter registration

database 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.
Okla. Stat. tit. 26, § 26-16-102.2 — OK Code / Title 26 / Section 26-16-102.2
False absentee ballot application
Status: in_force

Any person who knowingly executes a false application for an

absentee ballot shall be deemed guilty of a Class D1 felony offense.
Okla. Stat. tit. 26, § 26-8-115 — OK Code / Title 26 / Section 26-8-115
Certification of results - Ties involving candidates
Status: in_force

When all the ballots have been counted, the county election

board shall tabulate the votes and shall certify the results. In

the case of county office, said certification shall be used to issue

appropriate lists and certificates. In the case of state or

district office, copies of said certification shall be transmitted

immediately to the State Election Board, whose duty it shall be to

retabulate all pertinent county returns and issue appropriate lists

and certificates.

In the event of a tie involving candidates, the election board

authorized by law to issue the certified list or certificate of

election shall, at the meeting called to conduct the recount or to

issue the certified list or certificate of election, in the presence

of the candidates involved, if they or any of them desire to be

present, select the nominee or electee by lot substantially as

prescribed in paragraphs 3 and 4 of Section 8-105 of this title.

Oklahoma Statutes - Title 26. Elections Page 118
Okla. Stat. tit. 26, § 26-7-109 — OK Code / Title 26 / Section 26-7-109
Disclosure of vote within election enclosure -
Status: in_force

Prohibition – Sharing of digital image or photograph - Admissibility

as evidence.

No person shall, within the election enclosure, disclose to any

other person how he or she voted; nor shall any person expose his or

her ballot to any other person within the election enclosure. A

voter may take a digital image or photograph of his or her marked

ballot and distribute or share the image via social media or by any

Oklahoma Statutes - Title 26. Elections Page 94

other means if performed voluntarily and in compliance with state

and federal law. Testimony as to how any individual cast his or her

ballot, whether or not said ballot was lawfully cast, shall not be

admissible as evidence in any court of law or public hearing in this

state.
Okla. Stat. tit. 26, § 26-5-122 — OK Code / Title 26 / Section 26-5-122
Date for hearing contest
Status: in_force

When such a petition is properly filed, the secretary of the

appropriate election board shall set the matter down for a hearing,

said hearing to be not fewer than three (3) days from the date of

filing of said petition.

Oklahoma Statutes - Title 26. Elections Page 79
Okla. Stat. tit. 26, § 26-13-105 — OK Code / Title 26 / Section 26-13-105
Materials and ballots
Status: in_force

All materials and ballots necessary to conduct any municipal

election shall be provided by the county election board.
Okla. Stat. tit. 26, § 26-5-105a — OK Code / Title 26 / Section 26-5-105a
Misdemeanor embezzlement and felony offenders barred
Status: in_force

from public office for certain time - Pardons.

A. A person who has been convicted of a misdemeanor involving

embezzlement or a felony under the laws of this state or of the

United States or who has entered a plea of guilty or nolo contendere

to such misdemeanor involving embezzlement or felony or who has been

convicted of a crime in another state which would have been a

misdemeanor involving embezzlement or a felony under the laws of

this state or has entered a plea of guilty or nolo contendere to

such crime shall not be eligible to be a candidate for or to be

elected to any state, county, municipal, judicial or school office

Oklahoma Statutes - Title 26. Elections Page 72

or any other elective office of any political subdivision of this

state for a period of fifteen (15) years following completion of his

sentence or during the pendency of an appeal of such conviction or

plea.

B. The provisions of this section shall not be construed to

preclude a person who has received a pardon from being eligible for

or from holding public office.Oklahoma Statutes - Title 26. Elections Page 3

Oklahoma Statutes - Title 26. Elections Page 4
Okla. Stat. tit. 26, § 26-7-104 — OK Code / Title 26 / Section 26-7-104
Hours for voting - Conformity with federal law
Status: in_force

A. At every Primary, Runoff Primary and General Election and

any other election conducted by a county election board, each

polling place in the state shall open at 7:00 a.m. and shall remain

open continuously until 7:00 p.m., and every registered voter of a

precinct who presents himself or herself between said hours shall be

entitled to vote, as provided by law, provided further, all

qualified voters who are in line waiting to vote at 7:00 p.m. shall

be allowed to vote.

B. 1. A registered voter wishing to vote on election day shall

appear at the polling place for his or her assigned precinct.

Oklahoma Statutes - Title 26. Elections Page 91

2. Neither the State Election Board nor any county election

board shall utilize vote centers for voting on election day. For

the purposes of this section, "vote center" means a place where any

voter in the entire jurisdiction can vote on election day,

regardless of the voter's precinct assignment. Provided, an

exception to this requirement may be authorized for a county

election board by the Secretary of the State Election Board in the

event of an emergency as described in Section 22-101 of this title.

The emergency use of a countywide vote center must be limited to the

precincts directly impacted by the emergency.

3. Nothing in this subsection shall prohibit the use of

subprecincts as described in Section 3-119 of this title, nor shall

it prohibit the assignment of precinct officials to serve more than

one precinct, if authorized by law, if the precincts share the same

election day polling place.

C. If any provision of federal law specifies hours for voting

in federal elections, the Secretary of the State Election Board

shall direct the county election boards to allow voting in all

elections held on the same day as such federal elections during the

hours specified by federal law.
Okla. Stat. tit. 26, § 26-6-109 — OK Code / Title 26 / Section 26-6-109
Order of names for Primary and Runoff Primary
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 85

On all Primary and Runoff Primary Election ballots, except

absentee ballots, the names of the candidates for each office shall

be rotated in such a manner that all candidates' names appear in

each position on the ballots an equal number of times, to the extent

practicable. Provided, however, the names of candidates for

judicial, school, city and town offices shall be placed on the

ballot according to lot.
Okla. Stat. tit. 26, § 26-2-101.7 — OK Code / Title 26 / Section 26-2-101.7
Election of officers - Terms
Status: in_force

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.
Okla. Stat. tit. 26, § 26-12-113 — OK Code / Title 26 / Section 26-12-113
Dates
Status: in_force

Such proclamation shall contain the following facts:

Oklahoma Statutes - Title 26. Elections Page 138

1. A filing period of three (3) days, on a Monday, Tuesday and

Wednesday, not less than ten (10) days from the date of such

proclamation;

2. The date of the Special Primary Election, not less than

twenty (20) days after the close of the filing period; and

3. The date of the Special General Election, not less than

twenty (20) days after the date of the Special Primary Election.

Should such a vacancy occur in an even-numbered year, when a

special election is required, the proclamation must contain dates

that are the same as are required by law for the regular filing

period, Primary Election, Runoff Primary Election and General

Election, if practicable.
Okla. Stat. tit. 26, § 26-7-103 — OK Code / Title 26 / Section 26-7-103
Supplies and ballots distributed to precinct inspectors
Status: in_force

Prior to the day of any Primary, Runoff Primary or General

Election, it shall be the duty of each county election board to

provide for each precinct within its jurisdiction the supplies and

ballots required by law to conduct the election. The inspector for

each precinct shall sign a form acknowledging receipt of all

supplies and ballots for the precinct.
Okla. Stat. tit. 26, § 26-14-103 — OK Code / Title 26 / Section 26-14-103
Deadline to receive requests for absentee ballots
Status: in_force

Requests for absentee ballots must be received by the

appropriate election officials no later than 5:00 p.m. on the third

Monday preceding an election.
Okla. Stat. tit. 26, § 26-14-110.1 — OK Code / Title 26 / Section 26-14-110.1
Physically incapacitated persons - Absentee ballot
Status: in_force

A registered voter who swears or affirms that the voter is

physically unable to vote in person at the precinct on the day of

the election because the voter is:

1. Physically incapacitated; or

2. Charged with the care of another person who is physically

incapacitated and who cannot be left unattended;

may apply for an absentee ballot. Such applications may be made by

United States mail, by facsimile device as defined by Section 1862

of Title 21 of the Oklahoma Statutes or by a means of electronic

communication designated by the Secretary of the State Election

Board or may be made in person at the office of the county election

board by an agent of the voter. Such an agent shall be a person of

the voter's choosing who is at least sixteen (16) years of age and

who is not employed by or related within the third degree of

consanguinity or affinity to any person whose name appears on the

Oklahoma Statutes - Title 26. Elections Page 157

ballot. No person may be the agent for more than one voter at any

election. The Secretary of the State Election Board shall prescribe

a form to be used for the application, although any application

setting forth substantially the same facts shall be valid.

Requirements for matching of name, birth date, and identification

number established pursuant to Section 14-105 of this title shall

apply to applications for absentee ballots under this section.
Okla. Stat. tit. 26, § 26-7-119 — OK Code / Title 26 / Section 26-7-119
Manner of voting
Status: in_force

The voter shall vote by marking the ballot as prescribed by the

Secretary of the State Election Board for the party of his choice or

for the candidates of his choice or for the answer he desires to

select on each question.
Okla. Stat. tit. 26, § 26-2-125 — OK Code / Title 26 / Section 26-2-125
Authority to remove inspector
Status: in_force

The secretary of the county election board shall have the

authority to remove any inspector in the county at any time, subject

to the approval of the county election board. Written notice shall

be provided to an inspector so removed.
Okla. Stat. tit. 26, § 26-13-110 — OK Code / Title 26 / Section 26-13-110
Municipalities in more than one county
Status: in_force

Elections for a municipality which is located in more than one

county shall be conducted by the county election board of the county

wherein said municipality's central offices are located. The county

election board or boards of the other affected county or counties

shall provide such assistance as may be necessary for conduct of an

election.
Okla. Stat. tit. 26, § 26-3-108.1 — OK Code / Title 26 / Section 26-3-108.1
Reimbursement of State Election Board for computer
Status: in_force

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.
Okla. Stat. tit. 26, § 26-14-151 — OK Code / Title 26 / Section 26-14-151
Election notice
Status: in_force

A. At least one hundred (100) days before a regularly scheduled

election and as soon as practicable before an election not regularly

scheduled, an official in each jurisdiction charged with printing

and distributing ballots and balloting material shall prepare an

election notice for that jurisdiction, to be used in conjunction

with a federal write-in absentee ballot. The election notice must

contain a list of all of the ballot measures and federal, state, and

local offices that as of that date the official expects to be on the

ballot on the date of the election. The notice also must contain

specific instructions for how a voter is to indicate on the federal

write-in absentee ballot the voter’s choice for each office to be

filled and for each ballot measure to be contested.

B. A covered voter may request a copy of an election notice.

The official charged with preparing the election notice shall send

the notice to the voter by facsimile, electronic mail, or regular

mail, as the voter requests.

C. As soon as ballot styles are certified, and not later than

the date ballots are required to be transmitted to voters under

Section 14-106 of Title 26 of the Oklahoma Statutes, the official

charged with preparing the election notice under subsection A of

this section shall update the notice with the certified candidates

for each office and ballot measure questions and make the updated

notice publicly available.

D. A local election jurisdiction that maintains an Internet

website shall make the election notice prepared under subsection A

of this section and updated versions of the election notice

regularly available on the website.
Okla. Stat. tit. 26, § 26-14-108 — OK Code / Title 26 / Section 26-14-108
Return of ballots - Witnessing of affidavit
Status: in_force

A. The voter shall be required to mark the ballot in ink or

other manner as prescribed by the Secretary of the State Election

Board; seal the ballots in the plain opaque envelope; fill out

completely and sign the affidavit, such signature to be notarized at

no charge by a notary public; seal the plain opaque envelope inside

the envelope bearing the affidavit and return both envelopes, sealed

inside the return envelope, by hand delivery, United States mail or

Oklahoma Statutes - Title 26. Elections Page 155

by a private mail service, provided such service has delivery

documentation, to the county election board. No person who is a

candidate for an office on the ballot or who is the chair or

treasurer of the campaign of a candidate for office or who is

related within the third degree of consanguinity or affinity to a

candidate on the ballot may witness any absentee ballot affidavit.

B. The ballot shall not be notarized by any person whose name

appears on the ballot as a candidate or by any campaign chairperson

or campaign treasurer for a candidate whose name appears on the

ballot.

C. Any voter who hand delivers his or her ballot as provided in

subsection A of this section shall provide proof of identity to the

county election board and shall hand deliver the ballot no later

than the end of regular business hours on the day prior to the date

of the election. For purposes of this section, "proof of identity"

shall have the same meaning as used in subsection A of Section 7-114

of this title.
Okla. Stat. tit. 26, § 26-8-103 — OK Code / Title 26 / Section 26-8-103
Certificates of election
Status: in_force

The county election board shall certify a list of successful

candidates for county offices and shall provide Certificates of

Election to the same following the General Election, except that

Certificates of Election may be issued to unopposed candidates after

5 p.m. on the second day following the close of the filing period.

The State Election Board shall certify a list of successful

candidates for offices for which the Board accepts filings of

Declarations of Candidacy and shall provide Certificates of Election

to the same following the General Election, except that Certificates

of Election may be issued to unopposed candidates after 5 p.m. on

the second day following the close of the filing period.
Okla. Stat. tit. 26, § 26-13A-109 — OK Code / Title 26 / Section 26-13A-109
Resolution calling for election – Legal notice
Status: in_force

A. The board of education of every school district and

technology center school district shall notify, by resolution, the

secretary of the county election board responsible for certifying

its election of any regular or special election.

B. The resolution calling for an election or elections shall

include, but shall not be limited to, the following information:

1. Date or dates of the election or elections;

2. Identification of the office or offices to be filled,

qualifications of candidates for office and the length of term of

each;

3. Information describing election districts within the school

district, if applicable;

4. Ballot titles of the question or questions to be voted upon;

5. Information describing the persons eligible to vote in the

election; and

6. All other information necessary for conducting the election

or elections.

C. Resolutions calling for regular elections shall be delivered

to the secretary of the county election board no fewer than fifteen

(15) days preceding the first day of the filing period established

in Section 13A-105 of this title. The resolution shall contain all

questions to be voted upon at the election to be held on the day as

required in Section 13A-103 of this title.

D. Resolutions calling for special elections shall be delivered

to the secretary of the county election board no fewer than sixty

(60) days preceding the election. A special filing period, if

necessary, shall be scheduled for three days and shall begin not

more than twenty (20) days following the date the resolution is

required to be submitted to the county election board.

E. In addition to notifying the secretary of the county

election board of the election by resolution as required in this

section:

1. For elections of members of the board of education of a

school district, the board shall also publish a legal notice for

each regular and special election in one issue of a legal newspaper

of the county, as defined by Section 106 of Title 25 of the Oklahoma

Statutes, in the county wherein the school district administrative

office is located at least ten (10) days prior to the filing period

and shall issue a news release of the upcoming filing period and

election to a newspaper of general circulation in the county wherein

Oklahoma Statutes - Title 26. Elections Page 148

the school district administrative office is located. The legal

notice and press release shall include, but shall not be limited to,

the dates of the filing period for the election or elections and the

office or offices to be filled. The notice shall also be posted at

the school district administrative offices and county election board

offices; and

2. For elections of members of the board of education of a

technology center school district, the board shall also publish a

legal notice for each regular and special election in one issue of a

legal newspaper of the county, as defined by Section 106 of Title 25

of the Oklahoma Statutes, in each county wherein the school district

is a member in the technology center district at least ten (10) days

prior to the filing period. Additionally, the technology center

school district shall issue a news release of the upcoming filing

period and election to a newspaper of general circulation in each

county wherein the school district is a member in the technology

center district. The legal notice and press release shall include,

but shall not be limited to, the dates of the filing period for the

election or elections and the office or offices to be filled. The

notice shall also be posted in each county at the technology center

school district administrative offices, if such office exists in the

county, and county election board office in each county.
Okla. Stat. tit. 26, § 26-5-115 — OK Code / Title 26 / Section 26-5-115
Withdrawals from primary
Status: in_force

Any candidate may withdraw as a candidate only upon the filing

of a written notice of withdrawal as a candidate with the secretary

of the election board which accepted such candidate’s declaration of

candidacy. Such notice shall be signed by the candidate or a

lawfully appointed personal representative or a lawfully appointed

special administrator of any deceased candidate, whose signature

shall be notarized by a notary public, and shall be filed on or

before 5:00 p.m. on the second business day following the close of

the filing period prescribed by law.
Okla. Stat. tit. 26, § 26-2-111.2 — OK Code / Title 26 / Section 26-2-111.2
Election of officers of county election boards
Status: in_force

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.
Okla. Stat. tit. 26, § 26-5-131 — OK Code / Title 26 / Section 26-5-131
Disposition of deposits
Status: in_force

In the event the petitioner is successful at said hearing, his

deposit shall be returned to him, and all costs of such hearing

shall be deducted from the deposit of the contestee, and the

balance, if any, shall be returned to said contestee. If the

contestee does not file an answer or make an appearance, or if the

petitioner is unsuccessful, all costs incurred shall be paid from

the deposit made by the petitioner, and the balance, if any, shall

be returned to said petitioner.

Oklahoma Statutes - Title 26. Elections Page 81
Okla. Stat. tit. 26, § 26-12-104 — OK Code / Title 26 / Section 26-12-104
General laws apply
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 134

Said elections shall be conducted under the laws applicable to

regular Primary, Runoff Primary and General Elections.
Okla. Stat. tit. 26, § 26-6-101 — OK Code / Title 26 / Section 26-6-101
Appearance of candidate's name
Status: in_force

The name of any candidate for any office shall be printed on the

official ballot as said candidate designated on the declaration of

candidacy; provided, however, that no candidate shall have any

prefix, suffix or title placed before or after the candidate's name.
Okla. Stat. tit. 26, § 26-7-134 — OK Code / Title 26 / Section 26-7-134
Retention of transfer case
Status: in_force

The county election board shall not disturb anything in the

transfer case, and the case shall remain sealed and retained by the

secretary of the county election board until opened by court order

or until it is necessary to open same for use at another election,

at which time the ballots shall be destroyed; provided, however,

that in no case shall the ballots be destroyed until thirty (30)

days after the election at which they were cast. Provided, the

secretary of the county election board shall be authorized to open a

sealed transfer case for the purpose of conducting a post-election

audit as described in Section 1 of this act.
Okla. Stat. tit. 26, § 26-14-139 — OK Code / Title 26 / Section 26-14-139
Implementation of Uniform Military and Overseas Voters
Status: in_force

Act.

A. The Secretary of the State Election Board is the state

official responsible for implementing the Uniform Military and

Overseas Voters Act and the state’s responsibilities under the

Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.

Section 1973ff et seq.

B. The Secretary shall make available to covered voters

information regarding voter registration procedures for covered

voters and procedures for casting military-overseas ballots. The

Secretary may delegate the responsibility under this subsection only

to the state office designated in compliance with Section 102(b)(1)

of the Uniformed and Overseas Citizens Absentee Voting Act, 42

U.S.C. Section 1973ff-1(b)(1).

C. The Secretary shall establish an electronic transmission

system through which a covered voter may apply for and receive voter

registration materials, military-overseas ballots, and other

information under this act.

D. The Secretary shall:

1. Develop standardized absentee-voting materials, including

privacy and transmission envelopes and their electronic equivalents,

authentication materials, and voting instructions, to be used with

the military-overseas ballot of a voter authorized to vote in any

jurisdiction in this state; and

Oklahoma Statutes - Title 26. Elections Page 177

2. To the extent reasonably possible, coordinate with other

states to carry out this subsection.

E. The Secretary shall prescribe the form and content of a

declaration for use by a covered voter to swear or affirm specific

representations pertaining to the voter’s identity, eligibility to

vote, status as a covered voter, and timely and proper completion of

an overseas-military ballot. The declaration must be based on the

declaration prescribed to accompany a federal write-in absentee

ballot, as modified to be consistent with this act. The Secretary

shall ensure that a form for the execution of the declaration,

including an indication of the date of execution of the declaration,

is a prominent part of all balloting materials for which the

declaration is required.
Okla. Stat. tit. 26, § 26-2-107 — OK Code / Title 26 / Section 26-2-107
Secretary's duties
Status: in_force

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

Oklahoma Statutes - Title 26. Elections Page 18

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.
Okla. Stat. tit. 26, § 26-7-132.2 — OK Code / Title 26 / Section 26-7-132.2
Voting devices - Removal and transfer of election
Status: in_force

results storage medium.

After the results have been printed from the election results

storage medium, the voting device shall be unlocked and the seal

removed from the election results storage medium compartment. The

election results storage medium shall be removed and prepared for

transfer to the county election board as prescribed by the Secretary

of the State Election Board.
Okla. Stat. tit. 26, § 26-7-108.4 — OK Code / Title 26 / Section 26-7-108.4
Pollsters - Written polling materials - Restrictions
Status: in_force

on oral interviews and recordings.

A pollster shall be limited to written polling materials. Any

oral interviews of voters or recording by electronic means shall be

no closer than one hundred fifty (150) feet to any ballot box.
Okla. Stat. tit. 26, § 26-12-110.1 — OK Code / Title 26 / Section 26-12-110.1
Elections to fill seat of House or Senate member not
Status: in_force

eligible to finish term – Full term and period of service defined.

Oklahoma Statutes - Title 26. Elections Page 136

A. Elections to fill the seat of a member of the Oklahoma State

Senate or the Oklahoma House of Representatives who is not eligible

to complete the term of office to which such member was elected due

to the provisions of Section 17A of Article V of the Oklahoma

Constitution shall be held as provided in this section.

B. Whenever a member's eligibility to serve shall expire in an

even-numbered year, the vacancy shall be filled by a special

election to be called by the Governor which shall be held in that

even-numbered year on the same dates as the regular Primary

Election, Runoff Primary Election and General Election. The filing

period for the special election shall be the regular filing period

prescribed in Section 5-110 of this title. The person elected in

the special election shall take office on the later of the date

other members of the Legislature elected at such election take

office or the expiration of the incumbent's eligibility to serve and

shall serve the remainder of the unexpired term.

C. Whenever a member's eligibility to serve shall expire in an

odd-numbered year, the position shall be filled by a special

election to be called by the Governor. The Governor shall issue a

proclamation calling such an election no less than sixty (60) days

prior to the expiration of the member's eligibility to serve. The

person elected shall take office upon the expiration of the

incumbent's eligibility to serve.

D. The Governor shall issue a proclamation, a copy of which

must be filed with the Secretary of the State Election Board, for

any election to be held pursuant to this section. Such proclamation

shall be issued prior to the date the member's eligibility to serve

expires and must be issued at least ten (10) days prior to the

filing period. For an election held pursuant to subsection C of

this section, the proclamation shall contain the following facts:

1. A filing period of three (3) days, on a Monday, Tuesday and

Wednesday, not less than ten (10) days from the date of such

proclamation;

2. The date of the Special Primary Election, not less than

twenty (20) days after the close of the filing period; and

3. The date of the Special General Election, not less than

twenty (20) days after the date of the Primary Election.

E. For purposes of this section:

1. A full term of service in the Oklahoma House of

Representatives shall be counted as two (2) years of service;

2. A full term of service in the Oklahoma State Senate shall be

counted as four (4) years of service;

3. A period of service of less than a full term which is not

exempt from the constitutional limitations on length of legislative

service shall be calculated from the date the legislator assumes the

office for such term until the date the legislator vacates such

office; and

Oklahoma Statutes - Title 26. Elections Page 137

4. A period of service with respect to a term during which a

member reaches the constitutionally limited length of service shall

be calculated from the date the legislator assumes the office for

such term until the date the legislator completes a total of twelve

(12) years of service not exempt from the constitutional

limitations.
Okla. Stat. tit. 26, § 26-14-132 — OK Code / Title 26 / Section 26-14-132
Retention of materials
Status: in_force

All materials used for procuring and casting an absentee ballot

shall be retained by the secretary of the county election board for

a period of twenty-four (24) months after the day of the election.
Okla. Stat. tit. 26, § 26-22-110 — OK Code / Title 26 / Section 26-22-110
Ballots and materials placed in ballot transfer box -
Status: in_force

Return to county election board.

In a declared election emergency, all ballots and all materials

used in conducting the official count shall be placed in a ballot

transfer box. The ballot transfer box shall be sealed in the manner

prescribed by the Secretary of the State Election Board, and the

inspector shall return it, along with all other election materials

and a copy of each certificate of vote, forthwith to the county

election board.
Okla. Stat. tit. 26, § 26-16-103.1 — OK Code / Title 26 / Section 26-16-103.1
Unauthorized registration of voters
Status: in_force

Any person who knowingly causes any qualified elector to be

invalidly registered or anyone who knowingly causes any unqualified

person to be registered shall be deemed guilty of a Class D1 felony

offense. Any person who knowingly causes the collection or

submission of voter registration forms containing false, fraudulent

or fictitious information shall be deemed guilty of a Class D1

felony offense.
Okla. Stat. tit. 26, § 26-8-104 — OK Code / Title 26 / Section 26-8-104
Lists and certificates to be prescribed by Secretary of
Status: in_force

State Election Board.

The lists and certificates prescribed in Section 8-103 of this

act shall be prescribed by the Secretary of the State Election

Board.
Okla. Stat. tit. 26, § 26-7-123.3 — OK Code / Title 26 / Section 26-7-123.3
Voter who requires assistance to vote
Status: in_force

Any voter who requires assistance to vote by reason of

blindness, disability, or inability to read or write may be given

assistance by a person of the voter's choice, other than the voter's

employer or agent of that employer or officer or agent of the

voter's union. The Secretary of the State Election Board shall

prescribe procedures to be used that require such voters to swear or

affirm that such assistance is required and that require the person

providing such assistance to swear or affirm that the voter's

ballots are being voted in accordance with the voter's wishes.
Okla. Stat. tit. 26, § 26-10-108 — OK Code / Title 26 / Section 26-10-108
Vacancies
Status: in_force

In the event any Presidential Elector fails to meet at the

Governor's office at the prescribed time or refuses or fails to vote

for the persons nominated for the offices of President and Vice

Oklahoma Statutes - Title 26. Elections Page 128

President by the political party which nominated the Presidential

Elector, it shall be the duty of the Electors present at the time

and place aforesaid to appoint a person to fill such vacancy.
Okla. Stat. tit. 26, § 26-8-116 — OK Code / Title 26 / Section 26-8-116
Recount may cease - Rights of contestee
Status: in_force

Should the contestant at any time during the proceeding desire

that the recount be terminated, he may announce the same to the

county election board. In such event, the recount shall end at that

point, and any changes be made a part of the certificate of vote.

Provided further, however, that should any contestee desire that the

recount continue, he may petition in writing at the time of said

announcement for the remainder of the ballots in that county to be

recounted. Said petition must be filed immediately with the county

election board conducting said recount, and petition must be

accompanied by either a cashier's check or certified check in an

amount equal to the deposit made by the contestant to conduct the

recount. If said recount was ordered by the Secretary of the State

Election Board, said check shall be transmitted forthwith to the

State Election Board. In the event contestee files such petition,

the recount shall continue until such time as all the ballots in

said county have been recounted, and the recount is complete.

Recounts of issue or question elections shall not cease until all

precincts and absentee ballots in the designated county or counties

have been recounted.
Okla. Stat. tit. 26, § 26-16-101 — OK Code / Title 26 / Section 26-16-101
Felony offenses
Status: in_force

Any person deemed guilty of a Class D1 felony offense under the

provisions of this act shall, upon conviction, be confined as

provided for in subsections B through F of Section 20N of Title 21

Oklahoma Statutes - Title 26. Elections Page 183

of the Oklahoma Statutes, or fined not more than Fifty Thousand

Dollars ($50,000.00), or both.
Okla. Stat. tit. 26, § 26-10-104 — OK Code / Title 26 / Section 26-10-104
Qualifications
Status: in_force

The electors for President and Vice President, hereinafter

referred to as Presidential Electors, shall be registered voters of

Oklahoma; provided, however, that no United States Senator or United

Oklahoma Statutes - Title 26. Elections Page 127

States Representative or person holding an office of trust or profit

under the United States shall be a Presidential Elector.
Okla. Stat. tit. 26, § 26-4-120.8 — OK Code / Title 26 / Section 26-4-120.8
Reregistration of cancelled voter
Status: in_force

A person whose registration has been cancelled according to law

shall be required to register again in the manner provided by law

for initial registrations before he can vote in an election for

which registration is required.
Okla. Stat. tit. 26, § 26-1-102 — OK Code / Title 26 / Section 26-1-102
Primary elections
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 10

A Primary Election shall be held on the third Tuesday in June of

each even-numbered year, at which time each political party

recognized by the laws of this state 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.
Okla. Stat. tit. 26, § 26-4-109 — OK Code / Title 26 / Section 26-4-109
Locations
Status: in_force

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.
Okla. Stat. tit. 26, § 26-14-142 — OK Code / Title 26 / Section 26-14-142
Military-overseas ballot - Application methods
Status: in_force

A. A covered voter who is registered to vote in this state may

apply for a military-overseas ballot using either the regular

Oklahoma Statutes - Title 26. Elections Page 178

absentee ballot application in use in the voter's jurisdiction under

Section 14-101 et seq. of this title or the federal postcard

application or the application's electronic equivalent.

Requirements for matching of name, birth date, and identification

number established pursuant to Section 14-105 of this title shall

apply to applications for absentee ballots under this section.

B. A covered voter who is not registered to vote in this state

may use a federal postcard application or the application's

electronic equivalent to apply simultaneously to register to vote

under Section 14-141 of this title and for a military-overseas

ballot.

C. The Secretary of the State Election Board shall ensure that

the electronic transmission system described in subsection C of

Section 14-139 of this title is capable of accepting the submission

of both a federal postcard application and any other approved

electronic military-overseas ballot application sent to the

appropriate election official. The voter may use the electronic

transmission system or any other approved method to apply for a

military-overseas ballot.

D. A covered voter may use the declaration accompanying a

federal write-in absentee ballot as an application for a military-

overseas ballot simultaneously with the submission of the federal

write-in absentee ballot, if the declaration is received by the

appropriate election official by the last day for other voters in

this state to apply for an absentee ballot for that election

pursuant to the provisions of Section 14-103 of this title.

E. To receive the benefits of the Uniform Military and Overseas

Voters Act, a covered voter must inform the appropriate election

official that the voter is a covered voter. Methods of informing

the appropriate election official that a voter is a covered voter

include:

1. The use of a federal postcard application or federal write-

in absentee ballot;

2. The use of an overseas address on an approved voter

registration application or ballot application; and

3. The inclusion on an approved voter registration application

or ballot application of other information sufficient to identify

the voter as a covered voter.

F. This act does not preclude a covered voter from voting under

the provisions of Section 14-101 et seq. of this title.
Okla. Stat. tit. 26, § 26-14-152 — OK Code / Title 26 / Section 26-14-152
Mistakes or omissions in voting documents
Status: in_force

A. If a voter’s mistake or omission in the completion of a

document under the Uniform Military and Overseas Voters Act does not

prevent determining whether a covered voter is eligible to vote, the

Oklahoma Statutes - Title 26. Elections Page 182

mistake or omission does not invalidate the document. Failure to

satisfy a nonsubstantive requirement, such as using paper or

envelopes of a specified size or weight, does not invalidate a

document submitted under this act. In a write-in ballot authorized

by this act, if the intention of the voter is discernable under this

state’s uniform definition of what constitutes a vote, an

abbreviation, misspelling, or other minor variation in the form of

the name of a candidate or a political party must be accepted as a

valid vote.

B. Notarization is not required for the execution of a document

under this act. An authentication, other than the declaration

specified in Section 13 of this act or the declaration on the

federal postcard application and federal write-in absentee ballot,

is not required for execution of a document under this act. The

declaration and any information in the declaration may be compared

with information on file to ascertain the validity of the document.
Okla. Stat. tit. 26, § 26-7-120 — OK Code / Title 26 / Section 26-7-120
Secrecy folders
Status: in_force

Before leaving the voting booth, the voter may insert the ballot

into a secrecy folder in such a manner that the voter’s votes cannot

be seen. The voter then shall insert the ballot in the voting

device. The voter thereupon shall immediately leave the polling

place.
Okla. Stat. tit. 26, § 26-11-116 — OK Code / Title 26 / Section 26-11-116
Deceased candidate - Primary or general election
Status: in_force

ballots - Special election.

A. If a judicial candidate whose name should be on the Primary

Election ballot dies before ballot printing has begun for the

election, the name of the deceased candidate shall not be printed on

the ballot. If ballot printing has begun, votes for the deceased

candidate shall not be counted. If the death of a candidate leaves

only two (2) surviving candidates, their names shall not appear on

the Primary Election ballot, votes shall not be counted in the race

and the two (2) names shall appear on the ballot for the General

Election.

B. If a judicial candidate whose name should be on the General

Election ballot dies before ballot printing has begun, the name of

neither candidate shall be printed on the ballot and the Governor

shall call a special election to fill the office. In the call for

the election, the Governor shall prescribe a filing period, to be

held as nearly as practicable as the regular filing period, followed

Oklahoma Statutes - Title 26. Elections Page 132

in no less than forty-five (45) days by a Special Primary Election

which shall be followed in no less than forty-five (45) days by a

Special General Election. The primary and general elections shall be

held in the same manner as regular primary and general elections. If

the death of a candidate occurs after ballot printing for the

regular General Election has begun, votes shall not be counted in

the race and the Governor shall call a special election as specified

in this subsection.
Okla. Stat. tit. 26, § 26-3-114 — OK Code / Title 26 / Section 26-3-114
Public information
Status: in_force

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.

Oklahoma Statutes - Title 26. Elections Page 40
Okla. Stat. tit. 26, § 26-4-120.10 — OK Code / Title 26 / Section 26-4-120.10
Voting in precinct from which registration
Status: in_force

transferred.

Any person whose voter registration has been transferred and the

transfer has been completed by the appropriate election board

pursuant to Section 4-116 or 4-118 of Title 26 of the Oklahoma

Statutes shall not vote in the precinct in which the person was

registered prior to the transfer of registration.
Okla. Stat. tit. 26, § 26-7-108.1 — OK Code / Title 26 / Section 26-7-108.1
Exit poll - Notice
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 93

Any person desiring to conduct an exit poll within three hundred

(300) feet of any ballot box shall notify the secretary of the

county election board of his intentions to do so no later than 5

p.m. on the Wednesday preceding the election.
Okla. Stat. tit. 26, § 26-6-111 — OK Code / Title 26 / Section 26-6-111
Stubs for ballots
Status: in_force

All ballots for Primary, Runoff Primary and General Elections

shall be printed with a stub so perforated that the ballot may be

easily detached from the stub. Upon the stub shall be printed the

number of the stub and the words, "Primary Election Ballot", "Runoff

Primary Election Ballot" or "General Election Ballot", as the case

may be; in the event of Primary and Runoff Primary Elections, the

name of the political party shall be printed above the words.
Okla. Stat. tit. 26, § 26-16-115 — OK Code / Title 26 / Section 26-16-115
Disclosure by voter
Status: in_force

Any person who, within the election enclosure, discloses to any

other person how he voted shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-12-115 — OK Code / Title 26 / Section 26-12-115
Term
Status: in_force

The successful candidate shall serve the remainder of the

unexpired term.
Okla. Stat. tit. 26, § 26-5-104 — OK Code / Title 26 / Section 26-5-104
Party must be recognized
Status: in_force

Candidates may file for the nomination of a political party only

if said party is recognized by the laws of the State of Oklahoma.