Okla. Stat. tit. 26, § 26-14-115.6 — OK Code / Title 26 / Section 26-14-115.6
Emergency absentee ballots for first responders,
Status: in_force

emergency workers, and uniformed-service voters.

A. A registered voter who, after the deadline to request an

absentee ballot as provided in Section 14-103 of this title, is

deployed as either a:

1. First responder or emergency worker to assist with the

rescue, recovery, or relief efforts of a declared natural disaster

or state of emergency; or

Oklahoma Statutes - Title 26. Elections Page 164

2. Uniformed-service voter as defined in Section 14-137 of this

title,

may make a written request for an emergency absentee ballot in a

form prescribed by the Secretary of the State Election Board. The

request shall be signed by the voter and shall be provided by the

voter to the secretary of the county election board in the county

where the voter is registered. Requirements for matching of name,

birth date, and identification number established pursuant to

Section 14-105 of this title shall apply to a request for an

absentee ballot under this section.

B. Upon receipt of the voter’s request, the secretary of the

county election board shall issue to the voter the appropriate

ballots and envelopes required for voting an emergency absentee

ballot. Provided, the voter shall present proof of identity as

required by Section 7-114 of this title.

C. The ballots must be returned in person by the voter, by

United States mail, or by other means of delivery approved by the

Secretary of the State Election Board, to the secretary of the

county election board no later than 7:00 p.m. on the day of the

election.

D. Upon return of the absentee ballots, the secretary of the

county election board shall cause the ballots to be processed in the

same manner as is prescribed for other absentee ballots.

E. The Secretary of the State Election Board shall promulgate

rules to implement the procedures described in this section.
Okla. Stat. tit. 26, § 26-16-123 — OK Code / Title 26 / Section 26-16-123
Voter registration or voting crimes - Notification of
Status: in_force

district attorney - Investigation and report.

A. The Secretary of the State Election Board or any county

election board who has documents that appear to be evidence of voter

registration or voting crimes shall notify the district attorney for

the county or counties involved.

B. When presented with documentation of possible voter

registration or voting crimes by the Secretary of the State Election

Board or any county election board, a district attorney shall

investigate and, within thirty (30) days and each thirty (30) days

thereafter following receipt of such documentation, report in

writing to the Secretary of the State Election Board or county

election board the status of the investigation until charges are

filed or the district attorney declines to file charges.Oklahoma Statutes - Title 26. Elections Page 9
Okla. Stat. tit. 26, § 26-7-117 — OK Code / Title 26 / Section 26-7-117
Signing precinct registry
Status: in_force

A. Persons who have been determined to be eligible to vote

shall sign, in the presence of the clerk, the proper precinct

registry. The clerk shall then issue proper ballots to the person.

The voter’s signature on the precinct registry shall be the best

evidence of the voter’s having voted at said election.

Oklahoma Statutes - Title 26. Elections Page 99

B. Precinct registries including data from electronic precinct

registries, shall be retained by the county election board for a

period of twenty-four (24) months following the election and shall

be subject to public inspection.
Okla. Stat. tit. 26, § 26-14-153 — OK Code / Title 26 / Section 26-14-153
Enforcement of act
Status: in_force

A court may issue an injunction or grant other equitable relief

appropriate to ensure substantial compliance with, or enforce, the

Uniform Military and Overseas Voters Act on application by:

1. A covered voter alleging a grievance under this act; or

2. An election official in this state.
Okla. Stat. tit. 26, § 26-14-121 — OK Code / Title 26 / Section 26-14-121
Discharged military personnel or personnel on officially authorized leave or spouses
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 8officially authorized leave or spouses thereof - Authorization to

vote.

Any person eligible to register, who has been honorably

discharged or is on officially authorized leave from the Uniformed

Services of the United States, or who has been terminated in such

service or employment overseas, or who is the spouse or dependent of

a person who has been honorably discharged, is on authorized leave

from the Uniformed Services of the United States or who has been

terminated in such service or employment overseas, and returned home

Oklahoma Statutes - Title 26. Elections Page 169

within ninety (90) days preceding an election, shall be entitled to

vote a provisional ballot at such election in the precinct for which

the person is a qualified elector without being registered. Such

person shall be required to provide proof of identity as required in

Section 7-114 of this title and shall be entitled to cast a

provisional ballot and to have the provisional ballot counted upon

completion of an affidavit as required by Section 7-116.1 of this

title.
Okla. Stat. tit. 26, § 26-4-122 — OK Code / Title 26 / Section 26-4-122
Verification of registered voters against citizenship
Status: in_force

data — Proof of citizenship notice.

A. The Secretary of the State Election Board may compare the

list of registered voters in this state with the database of any

federal, state, or local agency, board, or commission that maintains

information regarding the citizenship of persons residing in this

state.

B. If a registered voter definitively matches a person who is

recorded in a database described in subsection A of this section as

not being a citizen of the United States, the Secretary or his or

her designee shall send a notice of such finding to the voter. The

voter shall, within thirty (30) days from the date the notice is

sent to the voter, present proof of citizenship to the secretary of

the county election board in the county where the voter is

registered. Voters may present legible copies of qualifying

documents in person or by mail, electronic mail, or any other secure

method approved by the Secretary.

C. If a voter fails to present proof of citizenship within the

prescribed time to the county election board or otherwise provides

notice that the voter is not a citizen, then the voter’s

registration shall be canceled, and the voter shall be reported to

the appropriate district attorney and United States attorney.

D. For purposes of this section, “proof of citizenship” shall

mean any citizenship-confirming document that meets the minimum

standards of the REAL ID Act of 2005, Public Law No. 109-13, Section

202(c).

E. The Secretary shall promulgate rules and procedures as

necessary to effectuate the provisions of this section.
Okla. Stat. tit. 26, § 26-14-133 — OK Code / Title 26 / Section 26-14-133
Notification of rejection
Status: in_force

In the event a voter's application or affidavit is rejected for

any reason, the secretary of the county election board shall

immediately notify said voter in writing of the rejection and the

reason therefor.

Oklahoma Statutes - Title 26. Elections Page 174
Okla. Stat. tit. 26, § 26-6-102.1 — OK Code / Title 26 / Section 26-6-102.1
Definitions
Status: in_force

As used in this title, the following definitions shall apply to

counties using voting devices:

1. “Ballot” means a printed paper document upon which votes for

various offices or measures may be marked;

2. “Count” means the process by which votes marked on a ballot

card are examined manually or electronically by a voting device and

a determination is made as to whom or for what the votes are cast;

3. “Election results storage medium” means the apparatus which

contains electronic instructions for a voting device and in which

electronic results are stored;

4. “Results” means the manual or electronic tabulation of the

votes counted for a candidate or issue;

5. “Seal” means a device or devices prescribed by the Secretary

of the State Election Board to permit detection of opening or

tampering with contents of voting devices, ballot boxes, transfer

cases and election results storage media;

6. “Transfer case” means a container, prescribed by the

Secretary of the State Election Board, which can be closed and

sealed and is constructed so as to, when sealed, prevent accidental

opening or opening by any other reasonable means, except by

removing, breaking, tearing or otherwise damaging the seal so if

opened by any means it would be obvious in the normal situation that

the container had been subject to tampering; and

7. “Voting device” means an optical scanning apparatus that

electronically counts votes marked on ballots and produces printed

results.
Okla. Stat. tit. 26, § 26-6-115 — OK Code / Title 26 / Section 26-6-115
Number of ballots
Status: in_force

In every Primary, Runoff Primary and General Election, the

Secretary of the State Election Board shall determine the number of

ballots to be printed for statewide elections and the secretary of

the county election board shall determine the number of ballots to

be printed for county, school, municipal and other local elections.
Okla. Stat. tit. 26, § 26-7-134.1 — OK Code / Title 26 / Section 26-7-134.1
Voting devices - Recounts
Status: in_force

In counties using voting devices, if on election night the

uncounted ballots in a precinct exceed two percent (2%) of the total

number of persons voting in the precinct or if the voting device has

malfunctioned in such a way that there are no totals on the printout

or if the printout is illegible or if, due to the malfunction,

properly cast ballots placed in the emergency bin were not processed

through the device, the county election board is authorized to open

the transfer case and to recount the ballots on election night using

a preassigned voting device in public view and in the presence of a

representative of the sheriff's office. Upon completion of the

recount the transfer case shall be resealed by members of the county

election board.
Okla. Stat. tit. 26, § 26-8-121.1 — OK Code / Title 26 / Section 26-8-121.1
Hearings on petitions alleging irregularities or fraud
Status: in_force

involving two or more counties.

When a petition is filed alleging irregularities or fraud

involving two or more counties, the hearings for all counties shall

be scheduled at a single location by the election board secretary

who accepted the petition. When such a petition is filed with the

Secretary of the State Election Board, the Supreme Court shall

assign a single judge to hear and determine the issue for all

affected counties.
Okla. Stat. tit. 26, § 26-14-115 — OK Code / Title 26 / Section 26-14-115
Elector confined to nursing facility or veterans center
Status: in_force

within county - Procedures.

A. If the secretary of a county election board receives a

request from an incapacitated elector confined to a nursing

facility, as defined in Section 1-1902 of Title 63 of the Oklahoma

Statutes, or a State Veterans Home established pursuant to Title 72

of the Oklahoma Statutes within the county of the jurisdiction of

Oklahoma Statutes - Title 26. Elections Page 159

the secretary, and such request satisfies the requirements for

matching of name, birth date, and identification number established

pursuant to Section 14-105 of this title, the secretary shall cause

to be implemented the following procedures:

1. On any day following the deadline to request an absentee

ballot as provided in Section 14-103 of this title, but prior to the

date of the election, the absentee voting board shall deliver to

each registered voter who is confined to a nursing facility, as

defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a

State Veterans Home established pursuant to Title 72 of the Oklahoma

Statutes and who requested ballots for an incapacitated voter the

ballots and materials as may be necessary to vote same.

2. The voter must mark the ballots in the manner hereinbefore

provided in the presence of the absentee voting board, but in such a

manner as to make it impossible for any person other than the voter

to ascertain how the ballots are marked. Insofar as is possible,

the voting procedure shall be the same as if the voter were casting

a vote in person at a precinct.

3. The voter shall then seal the ballots in the plain opaque

envelope and shall seal the plain opaque envelope in the envelope

bearing an affidavit. The voter must complete the affidavit, and

the signature of the voter on same must be witnessed by both members

of the absentee voting board.

4. The envelope bearing an affidavit then must be sealed in the

return envelope, which shall be returned by the absentee voting

board to the secretary of the county election board on the same day

the affidavit was executed.

5. Ballots cast in such manner shall be counted in the same

manner as regular mail absentee ballots.

B. The voter may request the assistance of the absentee voting

board members to mark a ballot, complete the affidavit or seal the

envelopes as described in this section.

C. 1. An administrator or employee of a nursing facility or

State Veterans Home who attempts to coerce or influence the vote of

a person residing in or confined to that facility shall be deemed to

be in violation of Section 16-109 of this title.

2. An administrator or employee of a nursing facility or State

Veterans Home who prevents or attempts to prevent a person residing

in or confined to that facility from voting pursuant to this section

shall be deemed to be in violation of Section 16-113 of this title.
Okla. Stat. tit. 26, § 26-6-103 — OK Code / Title 26 / Section 26-6-103
Ballots printed by State Election Board
Status: in_force

The State Election Board shall cause ballots to be printed for

statewide Primary, Runoff Primary, General Elections and special

elections at such time as to insure delivery of said ballots to the

several county election boards for distribution to the several

precinct election boards prior to election day. Said board shall

cause ballots to be printed for the following offices: Electors for

President and Vice President; United States Senators; United States

Representatives; state officers; Justices of the Supreme Court;

Judges of the Court of Criminal Appeals; Judges of the Court of

Appeals; district judges and associate district judges; State

Senators; State Representatives; district attorneys; county

officers, and such other officers as required by law, in the order

they appear in the statutes, and shall cause ballots to be printed

for state questions.
Okla. Stat. tit. 26, § 26-13-104 — OK Code / Title 26 / Section 26-13-104
Filing fee or petition not required
Status: in_force

Persons filing declarations of candidacy shall not be required

to post a filing fee, nor shall they be required to file petitions

supporting their candidacies.
Okla. Stat. tit. 26, § 26-3-103 — OK Code / Title 26 / Section 26-3-103
Registration forms provided by State Election Board
Status: in_force

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.
Okla. Stat. tit. 26, § 26-6-113 — OK Code / Title 26 / Section 26-6-113
Ballots for state questions
Status: in_force

Ballots for state questions shall be printed in such a manner as

to include the number of the state question, the ballot title, and

the following language, "SHALL THE PROPOSAL BE APPROVED?" followed

Oklahoma Statutes - Title 26. Elections Page 86

by the words "FOR THE PROPOSAL - YES" and "AGAINST THE PROPOSAL -

NO", one above the other.
Okla. Stat. tit. 26, § 26-4-120 — OK Code / Title 26 / Section 26-4-120
Cancellation of registrations
Status: in_force

A. The registration of any registered voter shall be canceled

only for one of the following reasons:

1. Written notice from the voter pursuant to Section 4-120.1 of

this title;

2. Death;

3. Conviction of a felony;

Oklahoma Statutes - Title 26. Elections Page 62

4. Judicial determination of mental incapacitation under Title

30 of the Oklahoma Statutes;

5. Registration in another county or state;

6. Failure to respond to a confirmation of address mailing and

failure to vote as prescribed in Section 4-120.2 of this title;

7. The surrendering of the voter’s Oklahoma driver license to

Service Oklahoma upon being issued a driver license in another

state;

8. Being excused from jury duty for not being a citizen of the

United States; or

9. Determination that the voter is not a citizen of the United

States.

B. For purposes of this section, paragraphs 5 and 7 of

subsection A of this section shall constitute confirmation from the

voter to cancel his or her voter registration due to a change of

residence.

C. A list of voter registrations that were canceled during the

previous twenty-four (24) months, and the reason for the

cancellation, shall be made available to the public.
Okla. Stat. tit. 26, § 26-13A-108 — OK Code / Title 26 / Section 26-13A-108
School district maps
Status: in_force

The State Department of Education shall provide the State

Election Board with information concerning the boundary lines of

school districts within the state. The State Election Board shall

provide the county election boards with maps of each county and of

individual precincts within each county showing the boundary lines

of school districts and with software for the Oklahoma Election

Oklahoma Statutes - Title 26. Elections Page 147

Management System capable of assigning addresses within the county

to the appropriate school district.
Okla. Stat. tit. 26, § 26-16-114 — OK Code / Title 26 / Section 26-16-114
Failure to perform duty
Status: in_force

Any member or employee of a county election board, absentee

voting board or any precinct official who willfully fails to perform

his or her lawful duty shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-14-125 — OK Code / Title 26 / Section 26-14-125
Counting procedure
Status: in_force

A. On the day of the election at such time as the secretary of

the county election board may prescribe, the county election board

shall meet at the county courthouse or at the offices of the county

election board if located elsewhere to count absentee ballots in the

following manner:

The ballot box containing the plain opaque envelopes shall be

shaken to mix the envelopes, after which the box shall be opened,

the envelopes removed, and the ballots counted by a voting device

assigned to count absentee ballots and operated by persons appointed

by the secretary of the county election board.

B. The procedure described in this section shall be repeated as

is necessary until all ballots have been counted. In no event shall

fewer than twelve ballots be counted at any time, unless fewer than

Oklahoma Statutes - Title 26. Elections Page 172

twelve ballots are received in total or after the first count is

made. The results of the absentee ballots shall not be printed,

made known to any person nor announced earlier than 7:00 p.m. on the

day of the election.

C. 1. Upon written approval by the Secretary of the State

Election Board, the county election board may begin the process of

counting absentee ballots as described in this section on a date

earlier than the day of the election. The results of the absentee

ballots shall not be printed, made known to any person nor announced

earlier than 7:00 p.m. on the day of the election.

2. When the counting of absentee ballots occurs on a date prior

to the day of the election, the county election board shall, without

obtaining a printout of results, remove the election results storage

media from the voting device and seal ballots counted that day in a

transfer case which shall be secured by the sheriff of the county in

the same manner as provided in Section 8-110 of this title. The

election results storage media shall be sealed in a container

prescribed by the Secretary of the State Election Board. The

sheriff shall secure the sealed election results storage media

container and return it to the county election board at the time the

county election board next meets for the purpose of counting

absentee ballots.

3. If there is a malfunction in such a way that the election

results storage media used for absentee voting will not function,

the sheriff is authorized to return the transfer cases containing

absentee ballots to the county election board to be recounted as

provided in Section 7-134.1 of this title.
Okla. Stat. tit. 26, § 26-12-117 — OK Code / Title 26 / Section 26-12-117
General laws apply
Status: in_force

The State Election Board shall conduct such election in the same

manner as provided for conducting statewide Primary, Runoff Primary

or General Elections.
Okla. Stat. tit. 26, § 26-22-109 — OK Code / Title 26 / Section 26-22-109
Certificate of vote
Status: in_force

A. In a declared election emergency when the ballots are to be

counted manually, at the conclusion of the official count, the

counters shall execute certificates of vote wherein the counters

attest to the correctness of the totals. The inspector shall cause

one copy of each certificate to be posted on the door or entrance of

the polling place and shall cause one copy of each certificate to be

transmitted forthwith to the Secretary of the State Election Board.

The secretary of the county election board shall cause one copy of

each absentee certificate of vote to be posted on the door of the

county election board office.

B. In a declared election emergency when ballots are to be

counted with voting devices, the certificates of vote shall be

produced as required by Section 7-132 of this title and the

procedures prescribed by the Secretary of the State Election Board.
Okla. Stat. tit. 26, § 26-3-107.2 — OK Code / Title 26 / Section 26-3-107.2
State Election Board Help America Vote Act Revolving
Status: in_force

Fund.

Oklahoma Statutes - Title 26. Elections Page 37

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 the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 26, § 26-4-119 — OK Code / Title 26 / Section 26-4-119
Change of political affiliation
Status: in_force

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 this title and except during the period from April 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 April 1 through

August 31 in any even-numbered year after August 31.
Okla. Stat. tit. 26, § 26-5-130 — OK Code / Title 26 / Section 26-5-130
Burden of proof on petitioner
Status: in_force

The burden of proof shall be upon the petitioner to sustain the

allegations in his petition. However, failure of the contestee to

appear or answer thereto shall be deemed to place him in default,

and shall constitute an admission of the allegations of the

petition, in which event, if the board determines that the factual

allegations of the petition constitute appropriate grounds for

disqualification, such contestee's candidacy shall be stricken.
Okla. Stat. tit. 26, § 26-8-116.1 — OK Code / Title 26 / Section 26-8-116.1
Counting of all ballots in precinct upon recount -
Status: in_force

Application of section.

When a recount is initiated, all ballots in the precinct

involved must be counted, and neither party to the recount shall be

allowed to terminate the recount process until all such ballots have

been recounted. This provision shall apply to all elections.
Okla. Stat. tit. 26, § 26-2-123 — OK Code / Title 26 / Section 26-2-123
Precinct officials
Status: in_force

A. Each precinct within each county shall have at least three

(3) precinct officials: an inspector, a judge and a clerk.

B. One of the aforementioned precinct officials shall be a

registered voter from the political party with the largest number of

registered voters in the state and shall be appointed from the list

submitted by that political party as provided in Section 2-124 of

this title.

C. One of the aforementioned precinct officials shall be a

registered voter from the political party with the second largest

number of registered voters in the state, and shall be appointed

from the list submitted by that political party as provided in

Section 2-124 of this title.

D. The third precinct official, and any additional precinct

officials that are appointed pursuant to law, may be a member of any

political party recognized under the laws of this state, or may be a

registered voter with no declared party affiliation, and shall be

appointed from the ranks of registered voters within the county.
Okla. Stat. tit. 26, § 26-12-105 — OK Code / Title 26 / Section 26-12-105
Term
Status: in_force

The successful candidate shall serve the remainder of the

unexpired term.
Okla. Stat. tit. 26, § 26-16-106 — OK Code / Title 26 / Section 26-16-106
Bribes to influence votes
Status: in_force

Any person who offers, solicits or accepts something of value

intended to directly or indirectly influence the vote of the person

soliciting or accepting same shall be deemed guilty of a Class D1

felony offense; provided, the gifting of an envelope, stamp, or both

an envelope and stamp for the purpose of mailing in a ballot shall

not be considered something of value.
Okla. Stat. tit. 26, § 26-10-102 — OK Code / Title 26 / Section 26-10-102
Oath for Presidential Electors
Status: in_force

Every party nominee for Presidential Elector shall subscribe to

an oath, stating that said nominee, if elected, will cast a ballot

for the persons nominated for the offices of President and Vice

President by the nominee's party. The oath shall be notarized by a

notary public and filed with the Secretary of the State Election

Board no fewer than ninety (90) days prior to the General Election.

Failure of any party nominee to take and file the oath by such date

shall automatically vacate his or her nomination and a substitute

nominee shall be selected by the state central committee of the

appropriate political party. It shall be the duty of the Secretary

of the State Election Board to notify the chairman of the state

central committee of the failure of any nominee to file the oath.

Refusal or failure to vote by a Presidential Elector for the persons

nominated for the offices of President and Vice President by the

nominee's party shall constitute a violation of the oath and shall

result in the immediate forfeiture of the Elector's office. In such

event, the vote shall not be recorded, a vacancy shall be declared,

and the Presidential Electors present shall proceed to fill such

vacancy as provided in Section 10-108 of this title.
Okla. Stat. tit. 26, § 26-4-116 — OK Code / Title 26 / Section 26-4-116
Transfer of registrations
Status: in_force

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 voter registration database and shall

issue a new voter identification card to the voter. Information

given by the voter shall be under oath.
Okla. Stat. tit. 26, § 26-4-102 — OK Code / Title 26 / Section 26-4-102
Registration required
Status: in_force

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.

Oklahoma Statutes - Title 26. Elections Page 47
Okla. Stat. tit. 26, § 26-7-103.2 — OK Code / Title 26 / Section 26-7-103.2
Current list of registered voters
Status: in_force

A. 1. County election boards shall maintain a current list of

all registered voters in each precinct, which will reflect the

address and party affiliation of each voter. The list shall be

public information subject to the requirements described in

subsection B of this section.

2. The list shall only be shared with a court system if that

court system agrees to regularly provide the names of persons

convicted of a felony in that court system to the Secretary of the

State Election Board and the appropriate secretary of a county

election board, or if the court system is required by state law to

provide such information.

3. The list shall note any voter for whom a first-class mailing

from the county election board or the State Election Board was

returned undeliverable.

B. 1. The Secretary of the State Election Board shall ensure

that an electronic copy of the voter registration list described in

Oklahoma Statutes - Title 26. Elections Page 90

subsection A of this section is made available, free of charge, to

the following:

a. bona fide residents of this state who are citizens of

the United States,

b. official representatives of political parties

recognized by the laws of this state,

c. candidates for office in this state and their official

representatives, or

d. other persons authorized by state law.

2. Any person accessing the voter registration list shall be

required to complete an application form approved by the Secretary

that shall include:

a. the legal name, address of residence in this state,

telephone number, and electronic mail address of the

person,

b. an attestation under penalty of perjury that the

person meets the legal requirements to access the

list, and

c. any additional information deemed necessary by the

Secretary.

3. It shall be unlawful for the recipient of a voter

registration list to use such list for any commercial marketing or

advertising purposes. Provided, for the purposes of this section, a

commercial purpose shall not include the use of the voter list by

campaigns, political parties, government officials, or public

opinion pollsters to contact or interact with voters.

4. It shall be unlawful for the recipient of a voter

registration list to knowingly make the list available or provide

such list to a foreign national, foreign commercial interest, or

foreign government entity.
Okla. Stat. tit. 26, § 26-4-109.4 — OK Code / Title 26 / Section 26-4-109.4
Electronic submission of voter registration
Status: in_force

application.

A. A person may submit a voter registration application

electronically as provided in this section if such person:

1. Has a current and valid Oklahoma driver license or

identification card issued by Service Oklahoma pursuant to the

provisions of Section 6-101 et seq. of Title 47 of the Oklahoma

Statutes;

2. Is registering to vote at the address shown on the driver

license or identification card; and

3. Is a qualified elector and entitled to become a registered

voter as provided by law.

B. The Secretary of the State Election Board, subject to

available funding, shall establish a secure website to permit

persons described in subsection A of this section to submit voter

registration applications electronically. The website must permit

such persons to submit an application to register to vote or to

update an existing registration. The Secretary may employ security

measures he or she deems necessary to ensure the accuracy and

integrity of voter registration applications submitted

electronically and may establish an initial date on which voter

registration applications may be submitted electronically after

establishment of the website.

C. 1. The applicant must attest to the truth of the

information provided on the application by affirmatively accepting

the information as true and correct. Any person who submits false

information on an electronic voter registration application shall be

deemed guilty of a felony as described in Sections 16-103 and 16-

103.1 of this title.

2. The applicant must consent to the comparison of the

information entered into an electronic voter registration

application to the information contained in his or her driver

Oklahoma Statutes - Title 26. Elections Page 52

license or identification card record and also to the use of the

signature included in the driver license or identification card

record for voter registration purposes.

3. A voter registration application properly submitted

electronically shall be processed by the State Election Board and

the appropriate county election board in the same manner as a voter

registration application submitted on a paper form.

D. 1. When an applicant submits a voter registration

application electronically, the Secretary shall generate an

electronic confirmation on the website that the application has been

received, with instructions as to how the applicant may check the

status of the application thereafter.

2. a. The Secretary shall submit the information entered

into the electronic voter registration application by

the applicant to Service Oklahoma for comparison to

the record of the applicant's driver license or

identification card.

b. Service Oklahoma shall respond to the submission and

shall indicate if the information submitted matches

the information in the applicant's driver license

record.

c. If the information matches, the electronic voter

registration application may proceed and Service

Oklahoma shall provide the State Election Board with

the digital image of the signature included in the

applicant's driver license or identification card

record. If the information does not match, the

application shall not proceed, and the applicant shall

be notified of the failed match and may be provided

information and instruction for updating the driver

license or identification card record with Service

Oklahoma.

3. a. Following a match of records by Service Oklahoma

described in subparagraph b of paragraph 2 of this

subsection, and if the Secretary finds that the

electronic voter registration application is in

compliance with this section and all applicable laws

relating to voter registration, the digital image of

the signature from the applicant's driver license or

identification card record shall be included on the

application and the application shall be submitted and

processed as provided by law. Provided, the Secretary

of the State Election Board is authorized to designate

an alternative method of obtaining the signature of

the applicant, if necessary.

b. If the Secretary does not find that the electronic

voter registration application is in compliance with

Oklahoma Statutes - Title 26. Elections Page 53

this section and all applicable laws relating to voter

registration, the applicant shall be notified that the

electronic voter registration application cannot be

submitted and the reasons it cannot be submitted, and

shall provide information about other methods to

submit a voter registration application.

E. The provisions of Section 24A.5 of Title 51 of the Oklahoma

Statutes relating to confidentiality of personal information within

driver records as defined by the Driver's Privacy Protection Act, 18

United States Code, Sections 2721 through 2725, shall be applicable

to information obtained by the State Election Board from Service

Oklahoma during the information matching procedure described in this

section. Provided, however, this subsection shall not apply to

information entered into the electronic voter registration

application by the voter registration applicant nor to the digital

image of the applicant's signature provided to the Secretary of the

State Election Board by Service Oklahoma, upon the consent of the

applicant, for use on the electronic voter registration application

as provided in this section.

F. The Secretary of the State Election Board may establish a

system whereby a registered voter may electronically submit a change

to his or her voter registration information, including a change of

name, political party affiliation or address of residence within the

county in which the voter is currently registered to vote. An

electronically submitted change in voter registration information

shall include:

1. Such information as the Secretary of the State Election

Board deems necessary to confirm the identity of the voter; and

2. An oath that the voter is eligible to register to vote in

Oklahoma.

Upon receipt of a valid electronically submitted change in voter

registration, the secretary of the appropriate county election board

shall update the voter's registration information in the voter

registration database and shall file a notation of such changes with

the voter's original voter registration application.

G. The Secretary shall promulgate rules as may be necessary to

implement the provisions of this section.
Okla. Stat. tit. 26, § 26-16-126 — OK Code / Title 26 / Section 26-16-126
Ballot harvesting - Misdemeanor
Status: in_force

A. It shall be a misdemeanor for any person to engage in or to

conspire to engage in absentee ballot harvesting, as defined in

Section 1 of this act, involving fewer than ten absentee ballots at

any election conducted in this state by a county election board, the

State Election Board or a subdivision of this state.

B. It shall be a misdemeanor for any person to direct or cause

another person or persons to commit acts of ballot harvesting, as

defined in Section 1 of this act, involving fewer than ten absentee

ballots at any election conducted in this state by a county election

board, the State Election Board or a subdivision of this state.
Okla. Stat. tit. 26, § 26-13-111 — OK Code / Title 26 / Section 26-13-111
Expenses
Status: in_force

All expenses incurred in the conduct of any municipal election

shall be paid by the municipality for which the election was held.

Expenses shall include, but shall not be limited to, compensation

for precinct officials, per diem and mileage for the chair and vice

chair of the county election board, the cost of supplies and ballots

and the rental of polling places.
Okla. Stat. tit. 26, § 26-3-108 — OK Code / Title 26 / Section 26-3-108
County Election Board Special Depository Account
Status: in_force

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

Oklahoma Statutes - Title 26. Elections Page 38

fees from said fund may be made by the secretary of the county

election board for any lawful purpose.
Okla. Stat. tit. 26, § 26-1-112 — OK Code / Title 26 / Section 26-1-112
Ranked choice voting prohibited
Status: in_force

A. No election conducted by the State Election Board, a county

election board, or any municipality authorized to conduct elections

in Oklahoma shall use ranked choice voting, ranked voting,

proportional ranked voting, preferential voting, or instant runoff

voting.

B. As used in this section, "ranked choice voting", "ranked

voting", "proportional ranked voting", and "preferential voting"

shall mean any voting system whereby a voter ranks candidates in a

Oklahoma Statutes - Title 26. Elections Page 15

sequence from first, second, third, and onward on a ballot to

determine a winning candidate.

C. As used in this section, "instant runoff voting" shall mean

any voting system whereby a voter ranks candidates in a sequence

from first, second, third, and onward to determine which candidates

advance to a general election.

D. Any existing or future ordinance enacted or adopted by a

county, municipality, or any other local government entity which is

in conflict with this section is void. Any election for any public

office in this state conducted under a voting system prohibited by

this section is void.

E. The Secretary of the State Election Board, or the President

Pro Tempore of the Oklahoma State Senate and the Speaker of the

Oklahoma House of Representatives jointly, shall have the authority

to bring a civil action in an appropriate court for such declaratory

or injunctive relief as is necessary to carry out this section.
Okla. Stat. tit. 26, § 26-2-101.5 — OK Code / Title 26 / Section 26-2-101.5
Chairman and Vice Chairman of State Election Board to
Status: in_force

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.
Okla. Stat. tit. 26, § 26-14-155 — OK Code / Title 26 / Section 26-14-155
Conflict with federal law
Status: in_force

The Uniform Military and Overseas Voters Act modifies, limits,

and supersedes the Electronic Signatures in Global and National

Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify,

limit, or supersede Section 101(c) of that act, 15 U.S.C. Section

7001(c), or authorize electronic delivery of any of the notices

described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Okla. Stat. tit. 26, § 26-2-101.4 — OK Code / Title 26 / Section 26-2-101.4
Vacancy by failure to attend meetings - Filling
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-107.1 — OK Code / Title 26 / Section 26-3-107.1
State Election Board System Revolving Fund
Status: in_force

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 the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 26, § 26-13-101.1 — OK Code / Title 26 / Section 26-13-101.1
County boards not required to conduct certain
Status: in_force

elections - Time between primary and general municipal elections.

No county election board shall be required to conduct elections

for any municipality on a date other than an election date

identified in subsection B of Section 3-101 of this title.

Municipalities that hold both primary and general elections, in

addition to scheduling elections on dates identified in Section 3-

101 of this title, shall provide no fewer than thirty-five (35) days

between the primary and general elections.
Okla. Stat. tit. 26, § 26-5-120 — OK Code / Title 26 / Section 26-5-120
Grounds for contest
Status: in_force

Said petition must allege that the contestee was not qualified

by law to become a candidate for the office for which he filed a

Declaration of Candidacy and must contain the reasons therefor.

Reasons not appearing on the face of the petition shall be

considered waived and shall not be grounds for a contest.
Okla. Stat. tit. 26, § 26-3-109 — OK Code / Title 26 / Section 26-3-109
Training for county election board personnel
Status: in_force

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.
Okla. Stat. tit. 26, § 26-1-108 — OK Code / Title 26 / Section 26-1-108
Formation of new political parties
Status: in_force

A group of persons may form a recognized political party at any

time except during the period between March 1 and November 15 of any

even-numbered 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 even-numbered 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 three

percent (3%) of the total votes cast in the last General Election

for Governor. 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 the Secretary no later than March 1 of

an even-numbered year. Such petitions shall not be circulated

between March 1 and November 15 of any even-numbered year; and

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.
Okla. Stat. tit. 26, § 26-8-105 — OK Code / Title 26 / Section 26-8-105
Tie votes
Status: in_force

A. When a tie vote is certified in the nomination or election

of any candidate in any Runoff Primary, General Election, or Primary

Election, the election board that is authorized by law to issue the

certified list or certificate of election shall, at a public meeting

of the board and in the presence of the candidates involved or their

designee, if they or any of them desire to be present, select the

nominee or electee by lot.

B. When a nominee or electee is to be selected by lot pursuant

to the provisions of this section, the following procedures shall be

observed:

1. The secretary of the appropriate election board shall, on or

before the tenth day following the election, notify each of the

tying candidates for which the vote was tied. The notice shall

include the time, date, and location of the selection, shall be made

Oklahoma Statutes - Title 26. Elections Page 109

in writing by registered or certified mail, and shall be postmarked

not fewer than five (5) days prior to the meeting;

2. A candidate may designate one person as a witness to attend

the meeting on the candidate’s behalf. The designation shall be

made in writing, signed by the candidate, and presented to the

secretary;

3. The secretary shall, in full view of those present at the

meeting, clearly write or print the name of each tied candidate on

separate pieces of paper measuring approximately equal size. The

names of the candidates shall be written or printed on the same

color and type of paper. The papers shall be folded so that the

written names are not visible and shall each be placed into a

separate small opaque container of equal characteristics selected by

the secretary. The opaque containers shall then be placed inside a

larger transparent container in which the opaque canisters shall be

tumbled or shaken so that the opaque containers change position with

respect to each other;

4. The secretary shall designate a person other than the

candidates, witnesses, or other person directly interested in the

election to draw one opaque container from inside the transparent

container, and the name of the nominee or electee appearing on the

paper inside the first drawn opaque container shall be declared the

winner. The secretary’s designee shall then expose the other name

or names not drawn to all witnesses present; and

5. The meeting shall be held on a weekday, holidays excepted,

between the hours of 7:00 a.m. and 7:00 p.m.

C. When there are three (3) or more candidates and a tie for

first place occurs for the nomination of a candidate at a Primary

Election for which a Runoff Primary will be held, the names of the

tied candidates shall be placed on the Runoff Primary ballot.

D. The procedures prescribed in this section shall not apply to

elections of state officers pursuant to Section 5 of Article VI of

the Oklahoma Constitution.
Okla. Stat. tit. 26, § 26-5-111.1 — OK Code / Title 26 / Section 26-5-111.1
Declaration of Candidacy - Signature of candidate
Status: in_force

To be valid, a Declaration of Candidacy submitted to the

secretary of any county election board or to the Secretary of the

State Election Board shall be signed by the candidate in writing.

The candidate shall personally subscribe his name to the Declaration

of Candidacy, and no agent, representative or employee of the

candidate may sign on the candidate's behalf. The signature must be

the original, handwritten signature or autograph of the candidate.

No facsimile, reproduction, typewritten or other substitute

signature or autograph will be valid.
Okla. Stat. tit. 26, § 26-2-122 — OK Code / Title 26 / Section 26-2-122
Maintenance of records - Records public
Status: in_force

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.
Okla. Stat. tit. 26, § 26-16-120 — OK Code / Title 26 / Section 26-16-120
Illegal printing or possession of certain voting
Status: in_force

materials.

Any person who causes to be printed, or who has in his or her

possession ballots or blank or fraudulent voter identification cards

not authorized by law shall be deemed guilty of a Class D1 felony

offense.
Okla. Stat. tit. 26, § 26-3-124 — OK Code / Title 26 / Section 26-3-124
Official seals
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-127 — OK Code / Title 26 / Section 26-3-127
Maintenance of election results
Status: in_force

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.
Okla. Stat. tit. 26, § 26-8-109 — OK Code / Title 26 / Section 26-8-109
Time for filing contest - Contests alleging
Status: in_force

irregularities or fraud.

Any candidate whose name appeared on a Primary, Runoff Primary

or General Election ballot, or any individual authorized to request

a recount pursuant to Section 8-111 of this title may, at any time

before 5:00 p.m. Friday next following an election, contest the

correctness of the announced results of said election by filing a

written petition with the appropriate election board. Contests

alleging irregularities or fraud shall not be permitted in any

election except those in which candidates are seeking office.

Nothing in this section shall be construed to prohibit any

proceedings in district court, which are otherwise authorized by

law, alleging irregularities or fraud in an election.
Okla. Stat. tit. 26, § 26-7-116.1 — OK Code / Title 26 / Section 26-7-116.1
Provisional ballots - Persons authorized to use -
Status: in_force

Counting - Release of information - Retention.

A. Provisional ballots shall be available for all elections

conducted by the county election board. Provisional ballots shall

include all offices, candidates and questions and shall be identical

to the regular ballots for each precinct. The Secretary of the

State Election Board shall promulgate rules and shall prescribe

materials necessary for the implementation of provisional ballots.

B. Persons who are not listed in the precinct registry, but who

claim to be registered voters in the precinct and eligible to vote

in the election, shall be entitled to vote a provisional ballot upon

execution of an affidavit prescribed by the Secretary of the State

Election Board. Registered voters required to show identification,

as described in Section 7-114, 14-115.4 or 14-121 of this title and

who are unable to show one of the acceptable forms of identification

described in such sections, shall be entitled to cast a provisional

ballot. Persons identified in Section 14-121 of this title shall be

entitled to vote a provisional ballot upon execution of an affidavit

prescribed by the Secretary of the State Election Board. Persons

who are listed in the precinct registry for a partisan primary

election, but who dispute the political affiliation indicated by

such precinct registry, shall be entitled to vote a provisional

ballot for a party other than the one indicated. However, such

provisional ballot shall be counted only if evidence is found by the

Oklahoma Statutes - Title 26. Elections Page 98

secretary of the county election board of the voter’s valid voter

registration in the party for which the provisional ballot was cast.

C. Provisional ballots shall be segregated from the regular

ballots cast in the precinct in the manner prescribed by the

Secretary of the State Election Board and shall not be inserted in

the precinct voting device. Information provided by a person who

votes a provisional ballot shall be investigated by the secretary of

the county election board after the election. A provisional ballot

shall be counted only if it is cast in the precinct of the voter’s

residence and if evidence of the provisional voter’s valid voter

registration, or of the voter’s identity, is found, except a

provisional ballot cast by a voter identified in Section 14-121 of

this title shall be counted.

D. No information concerning provisional ballots, except the

number of provisional ballots cast in the county, shall be made

public by any election official prior to 1:00 p.m. on Friday

following the election. The county sheriff shall secure sealed

ballot transfer cases containing provisional ballots that have been

counted after 1:00 p.m. on Friday following the election until 5:00

p.m. on Tuesday next succeeding the election or, in the event a

recount contest is filed, until such times as the transfer cases

are delivered to the district courtroom.

E. In the event that the secretary of any county election board

is unable to complete the investigation and verification of

provisional ballots by 1:00 p.m. on Friday following the election,

the Secretary of the State Election Board shall be authorized to

extend the period for the investigation and verification of

provisional ballots. When such an extension is required by any

county for a statewide election, the extension shall apply

statewide. The Secretary shall promulgate rules establishing

procedures for requesting and granting such extensions.

F. All materials used for procuring and casting a provisional

ballot shall be retained by the secretary of the county election

board for a period of twenty-four (24) months after the day of the

election.Oklahoma Statutes - Title 26. Elections Page 5
Okla. Stat. tit. 26, § 26-7-138 — OK Code / Title 26 / Section 26-7-138
Credit for voting and record of voting method used
Status: in_force

A. Following the election, the secretary of the county election

board shall cause each registered voter who cast a ballot to be

credited with voting in said election according to procedures

specified by the Secretary of the State Election Board.

B. 1. The secretary of the county election board shall record

a voter's method of voting for each voter in the voter credit

described in subsection A of this section, but shall not disclose to

the public the method of voting for any voter except as allowed in

this subsection.

2. A voter's method of voting contained in the voter history

record shall not be a public record except for an election held on

the date of:

a. a regularly scheduled federal or state election, or

b. a statewide special election for a state question.

Oklahoma Statutes - Title 26. Elections Page 106

3. For the purposes of this section, "method of voting" shall

mean an indication or identification of the method used by a voter

to cast a ballot, including:

a. in person on election day,

b. in-person absentee,

c. absentee, or

d. any other method of voting authorized by law.

C. The Secretary of the State Election Board shall prescribe

such procedures as may be necessary to implement the provisions of

this section.
Okla. Stat. tit. 26, § 26-5-127 — OK Code / Title 26 / Section 26-5-127
Candidacy may be stricken
Status: in_force

If the election board determines that the contestee was not

qualified to become a candidate for the office for which he filed a

Declaration of Candidacy, it may order that his candidacy be

stricken and that his name not be placed on the ballot.
Okla. Stat. tit. 26, § 26-16-102 — OK Code / Title 26 / Section 26-16-102
Voting illegally
Status: in_force

Any person who votes more than once at any election, who votes

in a precinct after having transferred voter registration to a new

precinct, or who, knowing that he or she is not eligible to vote at

an election, willfully votes at said election shall be deemed guilty

of a Class D1 felony offense. Any voter covered by Section 14-116

of this title who willingly votes and submits an absentee ballot

pursuant to Section 14-104.1 of this title later than the day of the

election shall be deemed guilty of a Class D1 felony offense. Any

person who knowingly votes and submits an absentee ballot issued to

another person shall be deemed guilty of a Class D1 felony offense.
Okla. Stat. tit. 26, § 26-4-120.7 — OK Code / Title 26 / Section 26-4-120.7
Registration applications - Removal from registries -
Status: in_force

Destruction.

The registration application of registered voters whose

registration has been canceled, upon written notice of the voter,

death, conviction of a felony, judicial determination of mental

incapacitation or registration in another county or state in the

manner hereinbefore provided, shall be removed from the central

registry and maintained separately for a period of twenty-four (24)

months by the secretary of each county election board. Reason for

cancellation and date of said cancellation shall be noted on said

registration application. After twenty-four (24) months, the

registration application shall be destroyed.

Oklahoma Statutes - Title 26. Elections Page 67
Okla. Stat. tit. 26, § 26-14-111.1 — OK Code / Title 26 / Section 26-14-111.1
Transmittal of ballot to voter
Status: in_force

When such application is received by the secretary of a county

election board, it shall be his duty to verify the registration of

said voter and to transmit, by United States mail, ballots which

said voter has requested and is entitled to receive.
Okla. Stat. tit. 26, § 26-5-102 — OK Code / Title 26 / Section 26-5-102
Candidates filing with Secretary of State Election
Status: in_force

Board.

Candidates for United States Senator, United States

Representative, state officer, State Senator, State Representative,

district judge, associate district judge and district attorney shall

file Declarations of Candidacy with the Secretary of the State

Election Board.

Oklahoma Statutes - Title 26. Elections Page 71
Okla. Stat. tit. 26, § 26-14-145 — OK Code / Title 26 / Section 26-14-145
Ballot validity
Status: in_force

To be valid, a military-overseas ballot must be received by the

appropriate local election official not later than the close of the

polls, or the voter must submit the ballot for electronic

transmission or other authorized means of delivery not later than

12:01 a.m., at the place where the voter completes the ballot, on

the date of the election.
Okla. Stat. tit. 26, § 26-7-123.1 — OK Code / Title 26 / Section 26-7-123.1
Physical inability to enter election enclosure - Oath
Status: in_force

- Assistance.

When any voter states that he or she is able to reach the

location of the polling place, but because of a physical disability

or infirmity other than visual is unable to enter the election

enclosure, the inspector shall administer an oath to the voter in

which the voter shall swear to or affirm the fact of such disability

or infirmity. Should a voter so qualify himself or herself, it

shall be the duty of two (2) precinct officials, of different

political parties, to give the voter such assistance as needed in

voting. Such assistance shall afford as much privacy to the voter

in marking ballots as is practical. The precinct officials

assisting in such voting shall make a written record of the

circumstances involved.
Okla. Stat. tit. 26, § 26-14-144 — OK Code / Title 26 / Section 26-14-144
Ballot distribution
Status: in_force

A. For an election described in paragraph 1 or 2 of Section 3

of this act for which this state has not received a waiver pursuant

to Section 579 of the Military and Overseas Voter Empowerment Act,

42 U.S.C. 1973ff-1(g)(2), the election official in each jurisdiction

charged with distributing a ballot and balloting materials shall

transmit a ballot and balloting materials to all covered voters who

submit a valid military-overseas ballot application as required by

Section 14-118 of Title 26 of the Oklahoma Statutes.

B. A covered voter who requests that a ballot and balloting

materials be sent to the voter by electronic transmission may choose

facsimile transmission or electronic mail delivery, or, if offered

by the voter’s jurisdiction, Internet delivery. The election

official in each jurisdiction charged with distributing a ballot and

balloting materials shall transmit the ballot and balloting

materials to the voter using the means of transmission chosen by the

voter.

C. If a ballot application from a covered voter arrives after

the jurisdiction begins transmitting ballots and balloting materials

to voters, the official charged with distributing a ballot and

balloting materials shall transmit them to the voter not later than

two business days after the application arrives.
Okla. Stat. tit. 26, § 26-6-110 — OK Code / Title 26 / Section 26-6-110
Separate ballots for primary and runoff primary
Status: in_force

The names of candidates of the several political parties shall

be printed on separate ballots for the Primary and Runoff Primary

Elections, and each party's ballot shall be differentiated by color

or by other conspicuous means determined by the Secretary of the

State Election Board.
Okla. Stat. tit. 26, § 26-8-113 — OK Code / Title 26 / Section 26-8-113
Agents for candidates
Status: in_force

The candidate or individual authorized to request a recount

pursuant to Section 8-111 of this title shall be authorized to

commission in writing no more than one agent in each county wherein

the recount is being conducted to act in his behalf. Said

commission shall be filed with the secretary of the appropriate

county election board. The same authority shall be granted to any

contestee. Such agent, or agents, shall have full authority to act

on behalf of the contestant he is commissioned to represent in the

absence of said contestant.
Okla. Stat. tit. 26, § 26-2-101.1 — OK Code / Title 26 / Section 26-2-101.1
Appointment of members from certain political parties
Status: in_force

No later than March 1, 2015, 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 15 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 15 registration report, shall submit to the Governor

a list of ten (10) 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 and one

(1) alternate member of the State Election Board from one political

party and one (1) member and one (1) alternate member of the State

Election Board from the other political party. Appointments shall

be made no later than March 15, 2015, and every four (4) years

thereafter. Provided, for appointments to be made in 2011, such

submissions shall be provided to the Governor within five (5)

business days of the effective date of this act and such

Oklahoma Statutes - Title 26. Elections Page 16

appointments shall be made by the Governor within ten (10) business

days of the effective date of this act.
Okla. Stat. tit. 26, § 26-2-131 — OK Code / Title 26 / Section 26-2-131
Eligibility for membership on county election board or
Status: in_force

to serve as precinct official.

A. 1. To be eligible for membership on a county election board

or to serve as a precinct official, one must be a registered voter

of the county in which he or she will serve and demonstrate

competence to perform his or her duties.

2. Persons thus qualified and appointed shall be trained in

their duties in a manner prescribed by the Secretary of the State

Election Board.

B. Notwithstanding the provisions of Section 481 of Title 21 of

the Oklahoma Statutes or any other provision of law, a secretary of

a county election board may temporarily appoint as a precinct

official, counter or absentee voting board member, an otherwise

qualified person who is related to the secretary within the second

or third degree by consanguinity or affinity. Provided, the

secretary of the county election board must receive written

Oklahoma Statutes - Title 26. Elections Page 30

permission from the Secretary of the State Election Board in order

to make such an appointment.
Okla. Stat. tit. 26, § 26-13A-102 — OK Code / Title 26 / Section 26-13A-102
Conduct of elections pursuant to this article
Status: in_force

Unless otherwise provided by law, all elections for every school

district and technology center school district shall be conducted in

accordance with provisions of this article.
Okla. Stat. tit. 26, § 26-13A-105 — OK Code / Title 26 / Section 26-13A-105
Declaration of candidacy
Status: in_force

Candidates for member of the board of education of every school

district or technology center school district shall file

declarations of candidacy in the same place and with the same

officials as candidates for county office. The declaration of

candidacy to be signed by the candidate shall have an attachment to

be signed by the candidate listing the requirements of a candidate

for election or reelection to a school board as set forth in

Sections 13A-106 and 5-105a of this title and Sections 5-110, 5-

110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and the

candidate shall swear or affirm that he or she is eligible to run

for the office or serve in the office if elected. Candidates shall

file on the first Monday in December through the following

Wednesday. For school districts and technology center school

districts located in more than one county, filing may be either in

the county wherein supervision of the district is located or in the

county where the candidate resides.
Okla. Stat. tit. 26, § 26-4-118 — OK Code / Title 26 / Section 26-4-118
Change of residence to another county
Status: in_force

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. Any change in political

affiliation shall be subject to the requirements of Section 4-119 of

this title.
Okla. Stat. tit. 26, § 26-8-102 — OK Code / Title 26 / Section 26-8-102
Certificates of nomination not required
Status: in_force

Neither the State Election Board nor the county election board

shall be required to provide Certificates of Nomination to

candidates.
Okla. Stat. tit. 26, § 26-2-101.6 — OK Code / Title 26 / Section 26-2-101.6
Secretary for State Election Board - Salary
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-130 — OK Code / Title 26 / Section 26-3-130
Post-election audit of election results – Report by county election board to the Secretary
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 2county election board to the Secretary of State Election Board.

A. The Secretary of the State Election Board shall have the

authority to direct the secretary of a county election board to

conduct a post-election audit of election results for any election,

for the purpose of maintaining the security of the election system

by ensuring that voting devices and software used in a particular

election correctly tabulated votes. The Secretary shall direct the

Oklahoma Statutes - Title 26. Elections Page 45

secretary of the county election board in each county to conduct a

post-election audit following elections held on dates set forth in

Sections 1-101, 1-102, 1-103, and 20-101 of this title.

B. The method, timing, and procedures for conducting a post-

election audit shall be determined by the Secretary of the State

Election Board.

C. The secretary of a county election board shall report the

findings of a post-election audit to the Secretary of the State

Election Board, and such report shall be available to the public.

D. The Secretary of the State Election Board may promulgate

policies, rules, and procedures to implement the requirements of

this section.

E. For the purposes of this title, a “post-election audit”

means a manual or electronic examination of a limited number of

ballots by a secretary of a county election board or other

authorized election officials following an election. A post-

election audit shall be conducted only at the direction of the

Secretary of the State Election Board and only subject to the

Secretary’s prescribed policies, rules, or procedures.
Okla. Stat. tit. 26, § 26-5-116.1 — OK Code / Title 26 / Section 26-5-116.1
Withdrawal from General Election
Status: in_force

A candidate in a General Election may withdraw his candidacy

upon filing a written notice of withdrawal as a candidate with the

secretary of the election board which accepted said candidate's

declaration of candidacy. Said notice shall be signed by the

candidate, whose signature shall be notarized by a notary public,

and shall be filed on or before 5:00 p.m. on the Friday following

the date of the Runoff Primary Election.
Okla. Stat. tit. 26, § 26-8-108 — OK Code / Title 26 / Section 26-8-108
Lists and certificates to be issued
Status: in_force

If no contest shall be filed by 5:00 p.m. Friday next following

an election, the county election boards and State Election Board

shall declare the result of such election and shall issue the

appropriate lists or certificates to the successful party as

provided by law. Provided, however, that no such lists or

certificates shall be issued until the total of all returns has been

verified, and a complete tabulation thereof made.
Okla. Stat. tit. 26, § 26-7-130 — OK Code / Title 26 / Section 26-7-130
Watchers - Commission - Duties - Violation deemed
Status: in_force

misdemeanor.

Any candidate or any recognized political party shall be

entitled to have a watcher present at any place where an official

count is being conducted. Such watcher must be commissioned in

writing by the candidate, or by the chair of the recognized

political party of the county in which the watcher is being

authorized. Such commission must be filed with the secretary of the

appropriate county election board no later than 5:00 p.m. on

Wednesday preceding the election. Watchers must subscribe to an

oath to observe all laws and rules prescribed for watchers as

hereinafter provided. Such oath must be administered by the

inspector of the precinct in which the watcher is authorized.

Watchers shall be entitled to observe the voting device both before

the polls are opened and after the polls are closed; provided,

further, that such watchers shall not be present at the polling

place at other times. Watchers may be commissioned to observe

voting device testing and to accompany personnel assigned to repair

or maintain machines during the period of the election. In such

case, the watchers shall be limited to observing the repair or

maintenance work being performed and making a written record of such

work. All watchers shall only appear in person and the use of

Oklahoma Statutes - Title 26. Elections Page 103

watchers via electronic devices is prohibited. Any watcher who

violates the law prescribed for watchers shall be deemed guilty of a

misdemeanor.
Okla. Stat. tit. 26, § 26-9-100 — OK Code / Title 26 / Section 26-9-100
Experimental voting devices or equipment
Status: in_force

The Secretary of the State Election Board shall be authorized to

allow for the experimental use of one or more vote counting devices

or other equipment in one or more election precincts in one or more

counties, without a formal purchase thereof. The experimental use

of such vote counting device or other equipment in any election

shall be as valid for all purposes as if it had been purchased.
Okla. Stat. tit. 26, § 26-2-114 — OK Code / Title 26 / Section 26-2-114
Removal of chair, vice chair, or alternate member
Status: in_force

The State Election Board shall have the authority to remove any

chair, vice-chair or any alternate member of any county election

board at any time.
Okla. Stat. tit. 26, § 26-3-122 — OK Code / Title 26 / Section 26-3-122
Voting booths
Status: in_force

The secretary of the county election board shall cause at least

two voting booths to be provided in each precinct. The booths shall

contain a counter or shelf and shall be constructed in such a manner

that a precinct official 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 ballots.
Okla. Stat. tit. 26, § 26-3-120 — OK Code / Title 26 / Section 26-3-120
Polling places - Tort liability
Status: in_force

A. Except as otherwise provided for by law, there shall be one

(1) polling place for each precinct, and the polling place shall be

located within the geographic boundaries of such precinct. The

secretary of a county election board shall determine the location of

polling places within his or her county.

B. 1. If compliance with subsection A of this section is not

practicable, the secretary of a county election board may locate a

polling place outside the geographic boundaries of the precinct,

subject to such rules and procedures as may be prescribed by the

Secretary of the State Election Board.

2. Prior to locating a polling place outside the geographic

boundaries of a precinct, the secretary of a county election board

shall notify the Secretary of the State Election Board setting forth

the reasons why such location is necessary and detailing the actions

taken to locate a polling place within the boundaries of the

precinct.

3. Within fifteen (15) business days of the Secretary receiving

the notification, the State Election Board may, by majority vote,

prohibit the planned polling place location and require the county

election board secretary find a more suitable location.

C. 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.

Oklahoma Statutes - Title 26. Elections Page 43

D. The Secretary of the State Election Board may prescribe

rules or procedures regarding the location of precincts described in

this section.
Okla. Stat. tit. 26, § 26-3-116 — OK Code / Title 26 / Section 26-3-116
Precinct boundaries
Status: in_force

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.
Okla. Stat. tit. 26, § 26-7-111 — OK Code / Title 26 / Section 26-7-111
Voter must use ballot they were issued
Status: in_force

No person shall vote any ballot except such ballot issued to the

voter by the precinct officials, and each ballot cast must be voted

without removing same from the polling place.
Okla. Stat. tit. 26, § 26-7-113 — OK Code / Title 26 / Section 26-7-113
Order of entering enclosure
Status: in_force

Registered voters shall be permitted to enter the election

enclosure in the order in which they present themselves at the door

or entrance.
Okla. Stat. tit. 26, § 26-4-103 — OK Code / Title 26 / Section 26-4-103
Persons who will become qualified electors - Time for
Status: in_force

registration.

A. Except for persons described in subsection B of this

section, any person who will become a qualified elector during the

sixty (60) days before the next ensuing election at which he or she

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 the date of such election.

B. Any person who is at least seventeen (17) years and six (6)

months of age, but less than eighteen (18) years of age, may submit

a voter registration application as provided by law, and shall be

entitled to become a registered voter of the precinct of residence

upon his or her eighteenth birthday.
Okla. Stat. tit. 26, § 26-3-131 — OK Code / Title 26 / Section 26-3-131
Authority to employ security measures to protect voting
Status: in_force

process.

Subject to available funding, the Secretary of the State

Election Board is authorized to employ such security measures as may

be necessary to protect the voting devices, election system or voter

registration system, and any associated hardware, software or

networks of these systems, from cyber security threats or physical

security threats. The Secretary may promulgate rules and procedures

to implement the requirements of this section.
Okla. Stat. tit. 26, § 26-12-107 — OK Code / Title 26 / Section 26-12-107
Proclamation
Status: in_force

In calling such an election, the Governor shall issue a

proclamation, a copy of which must be filed with the Secretary of

the State Election Board.
Okla. Stat. tit. 26, § 26-16-125 — OK Code / Title 26 / Section 26-16-125
Sharing of voting image to intimidate or influence –
Status: in_force

Demanding or requiring another to share voting image.

A. Any person who shares such an image as described in Section

7-109 or 14-107 of Title 26 of the Oklahoma Statutes in order to

intimidate, coerce or unlawfully influence another voter, shall,

upon conviction, be guilty of a misdemeanor.

B. No employer, supervisor, union leader, or other person with

authority or influence over another person, shall demand or require

that person to distribute or share an image of his or her voted

ballot. Any person who violates this subsection shall, upon

conviction, be guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-4-109.3 — OK Code / Title 26 / Section 26-4-109.3
Motor vehicle licensing agencies - Voter registration
Status: in_force

A. When a qualified elector applies for issuance or renewal of

an Oklahoma driver license, or issuance of a state identification

card issued pursuant to Section 6-105 of Title 47 of the Oklahoma

Statutes, he or she shall be provided voter registration services as

required by the National Voter Registration Act. The person shall

be asked whether he or she wishes to register to vote or to change

his or her address for voting purposes. A person who declines to

register shall confirm such choice in writing or by electronic

means. Completed electronic voter registration applications shall

be electronically transmitted by the agency accepting the

application to the State Election Board or county election board.

Completed paper voter registration applications shall be transmitted

by the agency accepting the application 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. No voter registration services shall be offered to any

person who, at the time of an application for issuance or renewal of

an Oklahoma driver license or state identification card, provides

documentation that shows that the person is not a citizen of the

United States.

C. A change of address for an Oklahoma driver license or state

identification card submitted by a registered voter shall also serve

as a change of address for voter registration purposes if the new

address is within the same county where the voter is registered to

vote. If the new address is outside the county where the voter is

currently registered to vote, the voter shall be sent a notice and

application with instructions for registering to vote at the new

address. A change of address for an Oklahoma driver license or

state identification card shall not be used to update a voter

registration address if the registrant states in writing or by

electronic means that the change of address is not for voter

registration purposes.

D. Licensed operators shall receive fifty cents ($0.50) per

valid paper voter registration application or application for change

Oklahoma Statutes - Title 26. Elections Page 51

in voter registration taken by themselves and employees of the

licensed operator’s office taken at the licensed operator’s office,

payable by the State Election Board.

E. Service Oklahoma shall notify the Secretary of the State

Election Board of licensed operator appointments. Service Oklahoma

shall notify the Secretary of the State Election Board of licensed

operators qualified to issue driver licenses.

F. The Secretary of the State Election Board shall promulgate

rules and procedures to implement the requirements of this section.
Okla. Stat. tit. 26, § 26-13-106 — OK Code / Title 26 / Section 26-13-106
Certification
Status: in_force

At the time prescribed by law, the county election board shall

certify the results of any municipal election to the governing board

of the municipality for which said election was held. Certificates

of Election shall be issued to the successful candidates by the

county election board, in the same manner as is prescribed for

county officers.
Okla. Stat. tit. 26, § 26-14-120 — OK Code / Title 26 / Section 26-14-120
Marking, return, and processing of ballots
Status: in_force

A. For ballots transmitted pursuant to the provisions of

Section 14-118 of this title, the voter shall be required to mark

the voter’s ballots in ink or other manner as prescribed by the

Secretary of the State Election Board, seal the ballots in the plain

opaque envelope, fill out completely and sign the affidavit, seal

the plain opaque envelope inside the envelope bearing the affidavit,

and return both envelopes, sealed inside the return envelope, by

United States mail or by a private mail service, provided such

service has delivery documentation.

B. If a voter returns both a voted ballot mailed to the voter

under subsection A of Section 14-118 of this title and a voted

ballot provided electronically to the voter under subsection B of

Section 14-118 of this title, only the first ballot received may be

counted.

C. A ballot received by the county election board which was

issued electronically shall be processed in the same manner as any

other ballot voted by mail as provided by this title.
Okla. Stat. tit. 26, § 26-12-106 — OK Code / Title 26 / Section 26-12-106
Vacancies in the Legislature
Status: in_force

A. Whenever a vacancy shall occur in the office of a member of

the State Senate or the State House of Representatives, the vacancy

shall be filled at a Special Election to be called by the Governor

within thirty (30) days after the vacancy occurs; provided, no

special election shall be called if the vacancy occurs in an even-

numbered year if the term of the office expires the same year.

B. If in an even-numbered year an incumbent State Senator with

two (2) or more years remaining in the term for which elected shall

file with the Oklahoma Secretary of State before March 1 a

resignation in writing which states that the resignation will not

become effective immediately, but rather will become effective on

some date certain that is after the General Election but before the

convening of the next session of the Legislature, the vacancy shall

be filled by a special election which shall be held in that even-

numbered year on the same dates as the regular Primary Election,

Runoff Primary Election and General Election. The filing period for

the special election shall be the regular filing period prescribed

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

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

resignation of the incumbent becomes effective and shall serve the

remainder of the unexpired term.
Okla. Stat. tit. 26, § 26-2-128.1 — OK Code / Title 26 / Section 26-2-128.1
Appointment of additional precinct officials
Status: in_force

A. The Secretary of the State Election Board may authorize the

secretary of any county election board to appoint additional

Oklahoma Statutes - Title 26. Elections Page 28

precinct officials, as needed to assist the regular precinct

officials.

B. Additional precinct officials may include inspectors,

judges, clerks or other precinct officials authorized by the

Secretary of the State Election Board.

C. When authorized, additional inspectors shall be compensated

at the same rate as regular inspectors and other additional precinct

officials shall be compensated at the same rate as the judge and

clerk.

D. The Secretary of the State Election Board shall prescribe

procedures to be used in such cases.
Okla. Stat. tit. 26, § 26-10-109 — OK Code / Title 26 / Section 26-10-109
Penalty
Status: in_force

Any Presidential Elector who violates his oath as a Presidential

Elector shall be guilty of a misdemeanor and, upon conviction

thereof, shall be punished by a fine of not more than One Thousand

Dollars ($1,000.00).
Okla. Stat. tit. 26, § 26-14-115.1 — OK Code / Title 26 / Section 26-14-115.1
Incapacitated voter unable to vote in person -
Status: in_force

Procedure

A. A registered voter who becomes physically incapacitated

after the deadline to request an absentee ballot as provided in

Section 14-103 of this title and is unable to vote in person at the

appropriate precinct on the day of the election may make a written

request for an absentee ballot. Requirements for matching of name,

birth date, and identification number established pursuant to

Section 14-105 of this title shall apply to a request for absentee

ballots under this section.

B. 1. The request shall be signed by the voter or signed by a

witness at the voter’s direction if the voter is unable to sign his

or her name, and shall be transmitted to the secretary of the county

election board.

2. The person transmitting the request on behalf of the voter

may be anyone of the voter’s choosing who is at least sixteen (16)

years of age; provided, the person is not employed by nor related

within the third degree of consanguinity or affinity to any person

whose name appears on the ballot.

3. The person becomes the voter’s agent for purposes of voting

by absentee ballot. The voter’s request must be accompanied by a

sworn statement by a duly licensed physician. Expected or likely

confinement for childbirth on election day is sufficient cause to

entitle a voter to vote absentee pursuant to this section. The

physician’s statement must attest to the fact that the voter is in

fact unable to vote in person at the appropriate precinct on the day

of the election because of a physical incapacity and that the

physical incapacity originated after the deadline to request an

absentee ballot as provided in Section 14-103 of this title.

4. Upon receipt of the voter’s request and accompanying sworn

statement, the secretary of the county election board shall issue to

the voter’s agent the appropriate ballots and envelopes required for

voting by incapacitated voters.

5. The ballots must be returned by the agent to the secretary

of the county election board no later than 7:00 p.m. on the day of

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

any election. Upon return of the absentee ballots, the secretary of

the county election board shall cause the ballots to be processed in

the same manner as is prescribed for other absentee ballots.
Okla. Stat. tit. 26, § 26-4-120.5 — OK Code / Title 26 / Section 26-4-120.5
Incapacitated persons - Cancellation of registration
Status: in_force

A. The court clerk in each county shall prepare each month a

list of all persons who have been adjudged incapacitated and provide

the list to the secretary of the county election board. The

secretary shall cancel the registration of each registered voter

included on the list, and the person shall be ineligible for

registration until he or she has been adjudged no longer

incapacitated by a court of competent jurisdiction.

B. The court clerk in each county shall prepare each month a

list of all persons who were excused from jury duty for not being a

citizen of the United States and provide the list to the secretary

of the county election board. The secretary shall cancel the

registration of each registered voter included on the list, and

shall report the person or persons to the district attorney and the

United States attorney for the county.
Okla. Stat. tit. 26, § 26-2-129 — OK Code / Title 26 / Section 26-2-129
Compensation of precinct officials
Status: in_force

A. 1. For any election held on or after the effective date of

this act, the inspector shall be paid Two Hundred Twenty-five

Dollars ($225.00).

2. For any election held on or after the effective date of this

act, judges and clerks shall be paid Two Hundred Dollars ($200.00).

B. 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. In addition, inspectors 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.

C. Compensation and mileage reimbursement provided shall be

paid for any election conducted by a county election board.

D. 1. Five Dollars ($5.00) of the compensation described in

subsections A and B of this section shall be paid by the county

election board from county funds and the remainder shall be paid by

the State Election Board for all regular Primary, Runoff Primary and

General Elections for state and federal offices, for the

Presidential Preferential Primary Election, and for all statewide

special elections and all special elections for United States

Oklahoma Statutes - Title 26. Elections Page 29

Representatives or United States Senators and State Senators or

State Representatives.

2. Except for elections described in paragraph 1 of this

subsection, for all other elections conducted by a county election

board, the entity for which the election is being conducted shall

pay the compensation and mileage reimbursement described in

subsections A and B of this section; provided, if an election for

more than one entity is conducted in the same precinct, the entities

shall equally share the cost of precinct official compensation and

mileage reimbursement for that precinct.

E. The secretary of the county election board may appoint

volunteer precinct officials who shall not receive the compensation

provided by this section.
Okla. Stat. tit. 26, § 26-5-119 — OK Code / Title 26 / Section 26-5-119
Time for filing contest
Status: in_force

The petition must be filed no later than 5:00 p.m. on the second

business day following the close of the filing period.
Okla. Stat. tit. 26, § 26-13A-101 — OK Code / Title 26 / Section 26-13A-101
Applicability of general election laws - Precincts totally or partially contained within
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 7totally or partially contained within district - Opening and closing

procedures.

A. Except as otherwise provided by law, the general election

laws shall apply to all elections for school districts and

technology center school districts. When it is impossible or

impractical to apply the general election laws for school districts

and technology center school districts, the Secretary of the State

Election Board shall prescribe procedures consistent with the

purposes of the general election laws.

B. All precincts totally or partially contained within the

boundaries of a school district or a technology center school

district shall be open for all elections held by such school

district or technology center school district except as otherwise

provided in this section. A school district or technology center

school district may authorize any precinct which is only partially

located within the boundaries of the district not to be opened by

certifying to the county election board in the resolution calling

Oklahoma Statutes - Title 26. Elections Page 144

for an election that no persons reside within that portion of the

precinct contained within the boundaries of the district.

C. The Secretary of the State Election Board is authorized to

promulgate rules setting forth procedures to allow the board of

education of a school district or career technology school district

to request that a precinct only partially located within the

district’s boundaries, and in which there are one hundred (100)

registered voters or less in the portion of the precinct located

within the district, not to be opened. The procedures shall ensure

that any registered voters affected are notified of the precinct

closing and of other voting options.
Okla. Stat. tit. 26, § 26-4-110.1 — OK Code / Title 26 / Section 26-4-110.1
Time for submission of voter registration applications
Status: in_force

- Notice of disposition.

Oklahoma Statutes - Title 26. Elections Page 54

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 licensed operator as

part of a driver license or identification card application twenty-

four (24) or fewer days prior to an election; any mail application

postmarked or any electronic application submitted twenty-four (24)

or fewer days prior to an election or any mail application received

without a postmark nineteen (19) or fewer days 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 send a notice of disposition as required in Section 4-103.1 of

this title to all persons whose voter registration applications were

received twenty-four (24) or fewer days 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 of the applicant's residence and on

the date that the information is entered into the voter registration

database 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 licensed operator as part of a

driver 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.

E. Registration for any purpose of a person who is under the

age of eighteen (18) years and who has submitted an application

pursuant to the provisions of subsection B of Section 4-103 of this

title occurs upon the eighteenth birthday of the person, regardless

of the time the application is received or approved.

Oklahoma Statutes - Title 26. Elections Page 55
Okla. Stat. tit. 26, § 26-3-104 — OK Code / Title 26 / Section 26-3-104
Costs - Payment from county or state funds
Status: in_force

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 4-103.1 and 4-113 of this title 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 4-120.2 of this title

shall be paid from state funds.
Okla. Stat. tit. 26, § 26-2-111.1 — OK Code / Title 26 / Section 26-2-111.1
Secretaries of county election boards - Appointment -
Status: in_force

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, beginning May 1,

2019, the State Election Board shall appoint the secretary of each

county election board for a term of four (4) years beginning May 1,

2019, and every (4) years thereafter.
Okla. Stat. tit. 26, § 26-2-115 — OK Code / Title 26 / Section 26-2-115
Compensation of chair and vice-chair
Status: in_force

The chair and vice-chair of each county election board shall be

paid Seventy-five Dollars ($75.00) per diem in lieu of subsistence

for each meeting of the county election board and shall be allowed

Oklahoma Statutes - Title 26. Elections Page 21

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.
Okla. Stat. tit. 26, § 26-2-110 — OK Code / Title 26 / Section 26-2-110
County election boards - Number of members
Status: in_force

A county election board shall be appointed in each of the

seventy-seven counties of Oklahoma and shall be composed of three

(3) members.
Okla. Stat. tit. 26, § 26-16-109 — OK Code / Title 26 / Section 26-16-109
Coercion and intimidation prohibited
Status: in_force

A. Any person who, by means of coercion, providing false or

misleading information or any other method, knowingly attempts to

prevent a qualified elector from becoming registered, or a

registered voter from voting, shall be deemed guilty of a Class D1

felony offense.

B. Any person who, directly or indirectly, utters or addresses

any threat or intimidation to any election official with intent to

improperly influence an election shall be deemed guilty of a

misdemeanor punishable by a fine not to exceed One Thousand Dollars

($1,000.00) or by imprisonment in the county jail for a term not to

exceed six (6) months, or by both such fine and imprisonment.
Okla. Stat. tit. 26, § 26-14-149 — OK Code / Title 26 / Section 26-14-149
Electronic free-access system
Status: in_force

The Secretary of the State Election Board, in coordination with

local election officials, shall implement an electronic free-access

system by which a covered voter may determine by telephone,

electronic mail, or Internet whether:

1. The voter’s federal postcard application or other

registration or military-overseas ballot application has been

received and accepted; and

2. The voter’s military-overseas ballot has been received and

the current status of the ballot.
Okla. Stat. tit. 26, § 26-7-137 — OK Code / Title 26 / Section 26-7-137
Methods of sealing
Status: in_force

The State Election Board shall prescribe methods of sealing all

ballots, all certificates of vote and all materials used in

recording the count of the ballots in such a manner that any

tampering with, or altering of same after said sealing has been

accomplished can be detected.
Okla. Stat. tit. 26, § 26-4-114 — OK Code / Title 26 / Section 26-4-114
Maintenance of registration information
Status: in_force

The secretary of each county election board shall cause the

registration information of every registered voter in the county to

be entered into the voter registration database.
Okla. Stat. tit. 26, § 26-16-113 — OK Code / Title 26 / Section 26-16-113
Interference with voter or conduct of election —
Status: reserved

Impersonation of election official.

A. Any person, including a lawfully appointed watcher or exit

pollster, who interferes with a registered voter who is attempting

to vote, or any person who attempts to influence the vote of another

by means of force or intimidation, or any person who interferes with

the orderly and lawful conduct of an election shall be deemed guilty

of a misdemeanor.

B. Any person who falsely impersonates an election official or

who, without authority, performs any act reserved to election

officials by law with intent to improperly influence an election

shall be deemed guilty of a misdemeanor punishable by a fine not to

exceed One Thousand Dollars ($1,000.00) or by imprisonment in the

county jail for a term not to exceed six (6) months, or by both such

fine and imprisonment.
Okla. Stat. tit. 26, § 26-11-110 — OK Code / Title 26 / Section 26-11-110
Two persons filing
Status: in_force

If two persons file for the same judicial office, their names

shall appear on the ballot only at the time of the General Election.
Okla. Stat. tit. 26, § 26-8-106 — OK Code / Title 26 / Section 26-8-106
Time for issuing lists or certificates
Status: in_force

No lists or certificates provided for in Section 8-103 of this

title shall be issued either by the county election board or State

Election Board before 5:00 p.m. Friday next following a Primary,

Runoff Primary or General Election.
Okla. Stat. tit. 26, § 26-2-119 — OK Code / Title 26 / Section 26-2-119
Appropriations to county election boards
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-126 — OK Code / Title 26 / Section 26-3-126
Maintenance of records
Status: in_force

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.
Okla. Stat. tit. 26, § 26-3-111 — OK Code / Title 26 / Section 26-3-111
Training program for precinct officials
Status: in_force

A. In each even-numbered year and at such other times as he or

she deems necessary, the Secretary of the State Election Board shall

cause to be conducted a training program in each county for precinct

inspectors, judges, clerks and other precinct officials.

B. 1. The Secretary of the State Election Board shall

determine the method by which such training is provided, and develop

the curriculum for such training.

2. Only persons authorized by the Secretary of the State

Election Board, and instructed in a manner to be determined by the

Secretary, shall conduct the training of precinct officials.

C. 1. Persons attending such training programs prior to

January 1, 2021, shall be paid Twenty-five Dollars ($25.00) from

state funds after completing such training, through a procedure

Oklahoma Statutes - Title 26. Elections Page 39

prescribed by the Secretary of the State Election Board that

conforms as nearly as practicable with Section 3-105.1 of this

title. Beginning January 1, 2021, the training payment shall

increase to Thirty-five Dollars ($35.00).

2. Persons attending such training programs shall be allowed

mileage reimbursement at the rate provided by the State Travel

Reimbursement Act to be paid from county funds.

D. 1. In addition to the training described in subsection A of

this section, the Secretary of the State Election Board may develop

supplemental training programs or materials.

2. Supplemental training may be provided by correspondence or

by a remote method that does not require the personal attendance of

a trainee.

3. No payment shall be provided to a person for supplemental

training for which the person's personal attendance at a training

site is not required.

E. The Secretary shall prescribe procedures for training of

licensed operators, officials of voter registration agencies and

others responsible for voter registration activities.
Okla. Stat. tit. 26, § 26-14-135 — OK Code / Title 26 / Section 26-14-135
Emergency procedures to facilitate voting by uniformed
Status: in_force

and overseas citizens.

If a national or local emergency or other situation arises which

makes substantial compliance with the provisions of the federal

Uniformed and Overseas Citizens Absentee Voting Act of 1986, as

amended, impossible or unreasonable, such as a natural disaster or

an armed conflict involving United States Armed Forces, or

mobilization of those forces, including National Guard and Reserve

components, the Secretary of the State Election Board may prescribe

special emergency procedures as may be necessary to facilitate

absentee voting by those citizens directly affected who otherwise

are eligible to vote in the state.
Okla. Stat. tit. 26, § 26-14-140 — OK Code / Title 26 / Section 26-14-140
Assignment of overseas voters to precincts
Status: in_force

In registering to vote, an overseas voter who is eligible to

vote in this state shall use and must be assigned to the voting

precinct of the address of the last place of residence of the voter

in this state, or, in the case of a voter described by subparagraph

c of paragraph 1 of Section 2 of this act, the address of the last

place of residence in this state of the parent or legal guardian of

the voter. If that address is no longer a recognized residential

address, the voter must be assigned an address for voting purposes.
Okla. Stat. tit. 26, § 26-1-104 — OK Code / Title 26 / Section 26-1-104
Closed primaries - Independent voters
Status: in_force

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 4-112 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 odd-numbered 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

Oklahoma Statutes - Title 26. Elections Page 11

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 1-108 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 even-numbered year.
Okla. Stat. tit. 26, § 26-11-108 — OK Code / Title 26 / Section 26-11-108
Judicial ballots without party designation
Status: in_force

The ballots for retention of Justices of the Supreme Court and

Judges of the Court of Criminal Appeals, and the ballots for Judges

of the Court of Appeals, district judges and associate district

judges shall be without party designation.
Okla. Stat. tit. 26, § 26-2-101 — OK Code / Title 26 / Section 26-2-101
State Election Board - Number of members
Status: in_force

The State Election Board shall be composed of three (3) members

and two (2) alternate members, each of whom shall be appointed by

the Governor upon advice and consent of the Senate. An alternate

shall serve on the State Election Board at any meeting that a member

for whom the person is an alternate is unable to attend.
Okla. Stat. tit. 26, § 26-16-119 — OK Code / Title 26 / Section 26-16-119
Expenditure of public funds
Status: in_force

Any official in this state who shall direct or authorize the

expenditure of any public funds under his care, except as

specifically authorized by law, to be used either in support of, or

in opposition to, any measure which is being referred to a vote of

the people by means of the initiative or referendum, or which

citizens of this state are attempting to have referred to a vote of

the people by the initiative or referendum, shall be deemed guilty

of a misdemeanor, and the office held by such party shall be

adjudged vacant and shall be filled in the manner prescribed by law.
Okla. Stat. tit. 26, § 26-13-107 — OK Code / Title 26 / Section 26-13-107
Maps to be provided
Status: in_force

It shall be the mandatory duty of the governing board of each

municipality to provide to the county election board or boards of

the county or counties wherein said municipality is located a

current map of said municipality. Said map must clearly define the

municipal limits and ward boundaries of said municipality. Should

any changes be made in the municipal limits or ward boundaries of

any municipality, the governing board of said municipality shall

immediately provide the appropriate county election board or boards

with a complete revised map of the municipality.
Okla. Stat. tit. 26, § 26-9-115 — OK Code / Title 26 / Section 26-9-115
Notice of testing of voting devices
Status: in_force

Not less than ten (10) days prior to the testing of the voting

devices for any partisan election, the secretary of the county

election board shall mail a notice to the county chair of each

political party stating the time and place the voting devices will

be tested for the election and stating a time at which one

representative of each political party shall be afforded an

opportunity to see that the voting devices are in proper condition

for use in the election. The representatives may observe the

testing of the voting devices but shall not interfere with the

employees or assume any of their duties.
Okla. Stat. tit. 26, § 26-4-120.3 — OK Code / Title 26 / Section 26-4-120.3
Deceased persons - Cancellation of registration
Status: in_force

A. The State Department of Health shall each month transmit to

the Secretary of the State Election Board a certified list of all

deaths of residents that have occurred within the state for the

immediately preceding month to include only the personal identifiers

needed to compare such information against the state's voter

registration database including, but not limited to, the decedent's

name, date of death, and date of birth. The list shall include the

last four digits of the decedent's Social Security number and driver

license number or state identification card number for each decedent

if such information was provided to the State Department of Health.

The Secretary of the State Election Board shall transmit such list

to the secretary of the county election board who shall then use the

list to ascertain those voters who are deceased, and shall remove

such deceased person's name from the central registry and voter

registration database within thirty (30) days from the date the list

was received by the county election board. Such list shall be used

only for the purposes described in this subsection. The State

Election Board and county election boards shall not release

information, data, or records received from the State Department of

Health for the purpose of identifying deceased voters in response to

an Oklahoma Open Records Act request and shall protect the integrity

of the vital records data to the extent required of the State

Department of Health by Section 1-323 of Title 63 of the Oklahoma

Statutes.

B. The registration of a deceased voter shall be canceled by

the secretary of a county election board upon the receipt of a

certified copy of a death certificate from any person or upon the

execution by the next of kin of such deceased voter of a form and

upon the nature of proof of the fact thereof as prescribed by the

Secretary of the State Election Board. Such form must be executed

in person by the deceased voter's next of kin at the county election

board office, in which case it shall be witnessed by the secretary

or other designated employees, at the deceased voter's precinct

polling place or at the next of kin's precinct polling place in the

same county on the day of any election, in which case it shall be

witnessed by the inspector of such precinct, or the form may be

personally signed by the next of kin, such signature to be notarized

by a notary public or witnessed by two persons whose signatures and

addresses shall appear on the form, and returned to the county

election board.

C. The administrator of a nursing facility, as defined in

Section 1-1902 of Title 63 of the Oklahoma Statutes, or the

administrator of a State Veterans Home established pursuant to Title

Oklahoma Statutes - Title 26. Elections Page 64

72 of the Oklahoma Statutes, also may execute a form prescribed by

the Secretary of the State Election Board to notify the secretary of

the county election board of the death of a nursing facility

resident who is a registered voter. The administrator's signature

on such form shall be witnessed by a member of the nursing home

absentee voting board, shall be notarized or shall be witnessed by

two persons whose signatures and addresses shall appear on the form.

D. A funeral director, as defined in Section 396.2 of Title 59

of the Oklahoma Statutes, may execute a form prescribed by the

Secretary of the State Election Board to notify the secretary of the

county election board of the death of a resident of the county. The

funeral director's signature on such form either shall be notarized

or shall be witnessed by two persons whose signatures and addresses

shall appear on the form. Upon receipt of such form or any notice

setting forth substantially the same facts and witnessed or

notarized as provided in this section, the secretary of the county

election board shall be authorized to cancel the voter registration

of such deceased person.

E. The registration of a deceased voter who was a member of the

Oklahoma National Guard or the Armed Forces of the United States and

who died in the line of duty may be canceled by the secretary of a

county election board upon the receipt of notification of the

voter's death from the Oklahoma National Guard or the Armed Forces

of the United States. The Secretary of the State Election Board may

prescribe the forms of such notification to be accepted by the

county election board in order to cause the registration of the

voter to be canceled. The Secretary shall further request the

Oklahoma National Guard and the Armed Forces of the United States to

provide notifications to the county election board as provided for

in this section.

F. 1. The Secretary of the State Election Board shall obtain

official death records from the Social Security Administration. The

Secretary of the State Election Board shall compare such death

records against the state's voter registration database. Any

possible match of a death record to a registered voter shall be

transmitted to the secretary of the county election board in the

county in which the voter is registered. The secretary of the

county election board shall ascertain any voter who is deceased, and

shall remove such deceased person's name from the central registry

and voter registration database.

2. The Secretary of the State Election Board is authorized to

obtain official death records from other states. If such data is

obtained, the Secretary of the State Election Board shall compare

such death records against the state's voter registration database.

Any possible match of a death record to a registered voter shall be

transmitted to the secretary of the county election board in the

county in which the voter is registered. The secretary of the

Oklahoma Statutes - Title 26. Elections Page 65

county election board shall ascertain any voter who is deceased, and

shall remove such deceased person's name from the central registry

and voter registration database.

3. The State Election Board and county election boards shall

not release the official death records described in this subsection

in response to an Oklahoma Open Records Act request, and shall

protect the integrity of the data to the extent required by federal

and state law.
Okla. Stat. tit. 26, § 26-3-117 — OK Code / Title 26 / Section 26-3-117
Precincts within municipalities
Status: in_force

If the governing board of any municipality requests in writing

that precinct boundaries be altered to conform to ward boundaries of

the municipality, the secretary of the county election board may, at

his or her discretion, make such alterations if such alterations

conform to the requirements contained in Sections 3-115, 3-116 and

3-118 of this title; provided, however, that all expenses incurred

in making such alterations shall be paid by the municipality.
Okla. Stat. tit. 26, § 26-14-138 — OK Code / Title 26 / Section 26-14-138
Application of voting procedures
Status: in_force

The voting procedures in the Uniform Military and Overseas

Voters Act apply to:

1. A general, special, presidential preferential primary,

primary or runoff primary election for federal office;

2. A general, special, primary or runoff primary election for

statewide or state legislative office or state ballot measure; and

3. A general, special, primary or runoff primary election for

local government office or local ballot measure for which absentee

voting or voting by mail is available for other voters.
Okla. Stat. tit. 26, § 26-3-112 — OK Code / Title 26 / Section 26-3-112
Instruction materials for precinct officials
Status: in_force

The Secretary of the State Election Board, for each statewide

election, shall cause the officials of each precinct to be provided

with instructional materials for conducting the election.
Okla. Stat. tit. 26, § 26-12-103 — OK Code / Title 26 / Section 26-12-103
Dates for filing period - Elections
Status: in_force

The proclamation required by Section 12-102 of this title shall

prescribe filing and election dates that permit full compliance with

the requirements of the federal Military and Overseas Voter

Empowerment Act of 2009 and shall contain the following facts:

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

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

proclamation;

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

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

3. The date of the Special Runoff Primary Election, not less

than twenty (20) days after the date of the Special Primary

Election; and

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

twenty (20) days after the date of the Special Runoff Primary

Election.
Okla. Stat. tit. 26, § 26-7-121 — OK Code / Title 26 / Section 26-7-121
Time limit
Status: in_force

No voter who is voting without assistance may remain in the

voting booth more than five (5) minutes if other voters are waiting,

nor more than ten (10) minutes in any event.
Okla. Stat. tit. 26, § 26-14-150 — OK Code / Title 26 / Section 26-14-150
Voter electronic-mail addresses
Status: in_force

A. The local election official shall request an electronic-mail

address from each covered voter who registers to vote after November

1, 2011. An electronic-mail address provided by a covered voter may

not be made available to the public or any individual or

organization other than an authorized agent of the local election

official and is exempt from disclosure under the Open Records Act.

The address may be used only for official communication with the

voter about the voting process, including transmitting military-

overseas ballots and election materials if the voter has requested

electronic transmission, and verifying the voter’s mailing address

and physical location. The request for an electronic-mail address

must describe the purposes for which the electronic-mail address may

be used and include a statement that any other use or disclosure of

the electronic-mail address is prohibited.

B. A covered voter who provides an electronic-mail address may

request that the voter’s application for a military-overseas ballot

Oklahoma Statutes - Title 26. Elections Page 181

be considered a standing request for electronic delivery of a ballot

for all elections held through December 31 of the year following the

calendar year of the date of the application or another shorter

period the voter specifies, including for any runoff primary

elections that occur as a result of such elections. An election

official shall provide a military-overseas ballot to a voter who

makes a standing request for each election to which the request is

applicable. A covered voter who is entitled to receive a military-

overseas ballot for a primary election under this subsection is

entitled to receive a military-overseas ballot for the general

election.
Okla. Stat. tit. 26, § 26-11-111 — OK Code / Title 26 / Section 26-11-111
More than two persons filing
Status: in_force

If, at the time of the Primary Election, more than two persons

have filed for the same judicial office, their names shall appear on

the ballot at the time of the Primary Election.
Okla. Stat. tit. 26, § 26-7-127 — OK Code / Title 26 / Section 26-7-127
Rules governing counting
Status: in_force

The following rules shall govern the counting and recounting of

votes:

Oklahoma Statutes - Title 26. Elections Page 101

1. If the name of any person is written on a ballot, the name

shall not be counted;

2. A valid vote shall be any mark prescribed by the Secretary

of the State Election Board made by voters indicating the voter's

choice of party, candidate or issue on a ballot. Such marking shall

be hereinafter referred to as "valid markings". Such valid markings

located otherwise on the ballot shall not be counted;

3. Marks used to designate the intention of the voter, other

than those herein defined as valid markings, shall not be counted;

4. Failure to properly mark a ballot as to one or more

candidates or questions shall not of itself invalidate the entire

ballot if the same has been properly marked as to other candidates

or questions;

5. A valid marking marked for a political party shall be

counted as a vote for each of the political party's candidates on

that ballot, except that a valid marking marked for a candidate's

name shall take precedence, for that office, over a valid marking

for a political party. Provided, further, that if valid markings

are marked for more than one political party on a ballot, the ballot

shall not be counted for any party offices thereon; and

6. Any ballot or part of a ballot on which it is impossible to

determine the voter's choice of candidate shall be void as to the

candidate or candidates thereby affected.
Okla. Stat. tit. 26, § 26-3-119 — OK Code / Title 26 / Section 26-3-119
Creation of subprecincts
Status: in_force

If fewer than one thousand five hundred (1,500) 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.

Oklahoma Statutes - Title 26. Elections Page 42

1. Registration records shall be maintained for subprecincts in

like manner as for other precincts.

2. Subprecincts need not have a polling place separate from

another precinct nor shall they be required to have separate

precinct officials.

3. The secretary of the county election board may authorize

registered voters of a subprecinct to vote at a specific adjacent

precinct. Separate election materials shall be provided for the

subprecinct so that a separate certification will be made of the

election results of the subprecinct. Appropriate ballots shall be

issued to the voters of the subprecinct.
Okla. Stat. tit. 26, § 26-17-112 — OK Code / Title 26 / Section 26-17-112
Effect of headings
Status: in_force

Article and section headings contained in this act shall not be

deemed to govern, limit, modify or in any manner affect the scope,

meaning or intent of the provisions of any article or section

hereof.
Okla. Stat. tit. 26, § 26-4-120.6 — OK Code / Title 26 / Section 26-4-120.6
Registration in another county or state - Cancellation
Status: in_force

or registration.

The secretary of each county election board shall cancel the

registration of allregistered voters who have registered in another

county in Oklahoma, or in another state, upon receipt of notice of

same.
Okla. Stat. tit. 26, § 26-4-109.2 — OK Code / Title 26 / Section 26-4-109.2
Voter registration agencies
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 49

A. The Secretary of the State Election Board shall designate

offices in the state which provide public assistance, and 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.

H. The Secretary of the State Election Board is authorized to

develop with any agency designated in subsection A of this section a

system to electronically transmit voter registration applications

Oklahoma Statutes - Title 26. Elections Page 50

from the agency to the State Election Board or county election

boards. Such system shall be consistent with the requirements for

electronic submission of voter registration applications provided in

Section 4-109.4 of this title.
Okla. Stat. tit. 26, § 26-2-124 — OK Code / Title 26 / Section 26-2-124
Appointment of inspector, judge and clerk - Terms
Status: in_force

A. The secretary of the county election board shall appoint the

inspector, judge and clerk of each precinct, to serve terms of four

(4) years each. The secretary's appointments shall be made from the

ranks of registered voters within the county pursuant to the

requirements of Section 2-123 of this title.

B. 1. No later than June 15 of the year following a General

Election for Governor, the county central committees of the two

political parties with the highest number of registered voters in

the state, based on the latest January 15 registration report, shall

submit a list of nominees equal to three times the number of

precincts in the county to the secretary of the county election

board.

2. The secretary of the county election board shall utilize the

list of nominees submitted by each party to appoint one precinct

official for each precinct from each party no later than July 1 of

the year following a General Election for a Governor. If no list is

submitted by a county central committee by the specified date, or if

the nominees are unable or unwilling to serve, or if the nominees do

not meet the eligibility requirements described in Section 2-131 of

this title, then the secretary of the county election board shall

appoint from the ranks of said party within the county.

C. Terms shall begin July 1 of the year following a General

Election for Governor.

Oklahoma Statutes - Title 26. Elections Page 27

D. In the event of a vacancy, the secretary of the county

election board shall fill the unexpired term from within the ranks

of registered voters within the county in the manner described in

Section 2-123 of this title.

E. The secretary of the county election board shall maintain a

current list of all precinct officials, which shall be available for

inspection by the public.
Okla. Stat. tit. 26, § 26-14-154 — OK Code / Title 26 / Section 26-14-154
Application and construction of act
Status: in_force

In applying and construing the Uniform Military and Overseas

Voters Act, consideration must be given to the need to promote

uniformity of the law with respect to its subject matter among

states that enact it.
Okla. Stat. tit. 26, § 26-6-105 — OK Code / Title 26 / Section 26-6-105
Separate ballots for general election
Status: in_force

At the General Election, the ballot shall contain a separate

section for the following:

1. President and Vice President;

2. United States Senators and United States Representatives;

3. State officers;

4. Justices of the Supreme Court, Judges of the Court of

Criminal Appeals and Judges of the Court of Appeals;

5. District judges and associate district judges;

6. State questions; and

7. State Senators, State Representatives, district attorneys

and county officers.
Okla. Stat. tit. 26, § 26-11-102 — OK Code / Title 26 / Section 26-11-102
Declaration of candidacy after appointment
Status: in_force

A Justice of the Supreme Court or Judge of the Court of Criminal

Appeals who has been appointed and who will have served twelve (12)

months in office before the next General Election and who seeks to

be retained in office must file a Declaration of Candidacy to be

retained in office with the Secretary of State not less than sixty

(60) days before the date of such election. If such judicial

officer has not served twelve (12) months on or before the next

General Election following his appointment, he shall continue in

office, and he shall file a Declaration of Candidacy to be retained

in office with the Secretary of State not less than sixty (60) days

before the date of the second General Election following his

appointment.
Okla. Stat. tit. 26, § 26-5-105 — OK Code / Title 26 / Section 26-5-105
Candidate must be registered - Exceptions
Status: in_force

A. To file as a candidate for nomination by a political party

to any state or county office, a person must have been a registered

voter of that party for the six-month period immediately preceding

the first day of the filing period prescribed by law and, under

oath, so state. Provided, this requirement shall not apply to a

candidate for the nomination of a political party which attains

recognition less than six (6) months preceding the first day of the

filing period required by law. However, the candidate shall be

required to have registered with the newly recognized party within

fifteen (15) days after such party recognition.

B. To file as an independent candidate for any state or county

office, a person must have been registered to vote as an independent

for the six-month period immediately preceding the first day of the

filing period prescribed by law and, under oath, so state.
Okla. Stat. tit. 26, § 26-16-108 — OK Code / Title 26 / Section 26-16-108
Acceptance of bribe for withdrawal
Status: in_force

Any person who shall solicit or accept from another anything of

value for withdrawing from any political contest as a candidate or

Oklahoma Statutes - Title 26. Elections Page 186

nominee for any office at any election shall be deemed guilty of a

Class D1 felony offense.
Okla. Stat. tit. 26, § 26-7-136 — OK Code / Title 26 / Section 26-7-136
Canvassing returns
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 105

The county election board shall convene at the county

courthouse, or at such other place as the county election board may

designate on the day of each election, for the purpose of receiving

the official precinct returns and shall remain in session until such

precinct returns are all delivered. The board shall cause to be

accumulated and listed the results of such election, as the official

precinct returns are received, in a manner and upon forms prescribed

by the Secretary of the State Election Board. The county election

board shall use such precinct returns to certify the results of such

election for county officers and questions and shall transmit

electronically or in writing as prescribed by the Secretary of the

State Election Board after 5 p.m. on Friday following the election

to the State Election Board the completed county returns for all

state officers and questions. Such county returns shall be prima

facie evidence of the correctness of the result in the several

counties. The State Election Board shall use such county returns to

certify the results of such election for all state officers and

questions after 5 p.m. on Tuesday next succeeding the election.
Okla. Stat. tit. 26, § 26-7-115.1 — OK Code / Title 26 / Section 26-7-115.1
Address confirmation form – Persons required to
Status: in_force

complete.

Oklahoma Statutes - Title 26. Elections Page 97

Before being issued a ballot during in-person absentee voting or

at the voter's precinct or when applying for an absentee ballot, the

following voters shall be required to complete an address

confirmation form prescribed by the Secretary of the State Election

Board:

1. An inactive voter;

2. A voter identified by the Secretary of the State Election

Board as possibly having changed his or her residence based on

National Change of Address data;

3. A voter with an invalid address as defined in subsection B

of Section 4-113 of this title or who has had a voter identification

card returned to the county election board by the United States

Postal Service as undeliverable.
Okla. Stat. tit. 26, § 26-2-101.9 — OK Code / Title 26 / Section 26-2-101.9
Travel and expense
Status: in_force

Members of the State Election Board shall be paid Seventy-five

Dollars ($75.00) per diem for each meeting for the purpose of

conducting hearings required by law, and Seventy-five Dollars

($75.00) 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.
Okla. Stat. tit. 26, § 26-12-116 — OK Code / Title 26 / Section 26-12-116
Special elections on state or local questions
Status: in_force

In the event the Governor or the Legislature shall call for a

special statewide election on any measure to be submitted to a vote

of the people, the election shall be held not fewer than seventy

(70) days from the date the election is called. Such special

statewide election may be on the same date as a primary or general

election or may be on some other date set by the Governor or the

Legislature. In the event the board of county commissioners or the

governing body of a municipality or school district or technology

center school district or any other governmental subdivision calls

Oklahoma Statutes - Title 26. Elections Page 139

for a special election on any question, the election shall be held

not fewer than sixty (60) days from the date the election is called;

provided, that a special election called by a school or technology

center school district to be held on the date of the annual school

runoff election shall not be held fewer than forty-five (45) days

from the date the special election is called. A special election to

fill a vacancy for member of the board of education of a school

district or to fill a vacancy for municipal office shall be

scheduled not fewer than sixty (60) days from the date the election

is called.
Okla. Stat. tit. 26, § 26-14-128 — OK Code / Title 26 / Section 26-14-128
Instructions
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 173

The Secretary of the State Election Board shall prescribe

instructions for voting by absentee ballot. A copy of said

instructions shall be mailed to each voter requesting an absentee

ballot.
Okla. Stat. tit. 26, § 26-8-117 — OK Code / Title 26 / Section 26-8-117
Expenses of recount
Status: in_force

Deposits accompanying petitions shall be used by the appropriate

election board to defray the actual expenses of a recount. Expenses

shall include mileage and salaries of the county election board

members, which shall be made on a per diem basis at the same rate as

for normal compensation; salaries for counters deemed necessary by

the secretary of the board to conduct an expedient and accurate

recount; the expense of service of process; court reporter fees and

transcript expense; travel reimbursement for the court reporter and

the presiding judge; mileage and per diem of witnesses; and for all

other actual and necessary expenses. The balance, if any, shall be

returned to the contestant. In the event the contestant is

successful in the recount, the deposit shall be returned to the

Oklahoma Statutes - Title 26. Elections Page 119

contestant, and the expense of the recount shall be borne by the

county or state, as the case may be. Provided, no portion of a

deposit required by paragraph 6 of subsection A of Section 8-111 of

this title shall be refundable unless the contestant is successful

in the recount in changing the outcome of the election.
Okla. Stat. tit. 26, § 26-5-101 — OK Code / Title 26 / Section 26-5-101
Declarations of candidacy required
Status: in_force

A person may become a candidate for office and have his name

appear on a ballot only after he files a Declaration of Candidacy as

hereinafter provided.
Okla. Stat. tit. 26, § 26-7-118 — OK Code / Title 26 / Section 26-7-118
Ballots to be marked in voting booth
Status: in_force

The voter shall mark his ballots within a voting booth. At no

time shall more than one person occupy a voting booth, unless

specifically authorized by law.
Okla. Stat. tit. 26, § 26-6-104.1 — OK Code / Title 26 / Section 26-6-104.1
Paper ballots required - Assistance
Status: in_force

A. All ballots used for any election shall be printed on paper

to ensure a fair and accurate count; provided, each precinct polling

place and in-person absentee voting location shall provide a means

for any voter who requires assistance by reason of blindness,

disability, or inability to read or write to cast a ballot privately

and independently, in a manner to be determined by the Secretary of

the State Election Board.

B. 1. Ballots for each election day precinct shall be printed

in advance of the date of the election. Provided, the Secretary of

Oklahoma Statutes - Title 26. Elections Page 83

the State Election Board may authorize the printing of additional

ballots on election day in the event of a ballot shortage or due to

an emergency or unforeseen circumstance as described in Section 22-

101 of this title.

2. Nothing in this subsection shall prohibit the printing or

marking of ballots for persons with blindness, disability, or

inability to read or write as provided in subsection A of this

section.
Okla. Stat. tit. 26, § 26-8-119 — OK Code / Title 26 / Section 26-8-119
Petition alleging fraud - Procedure
Status: in_force

When a petition alleging fraud is filed, said petition must be

accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for

each county in which fraud is alleged to have occurred, running in

favor of the contestee and conditioned upon payment of any and all

liabilities or judgments arising from the contest so filed. In said

petition, contestant must allege that fraud occurred in certain

precincts or in the casting of absentee ballots. He must further

allege the name of the precincts wherein such fraud occurred, the

specific act constituting such alleged fraud and the names of the

alleged perpetrators of such fraud. If such petition is filed in

the manner herein provided, the district judge of the county in

which the alleged fraud occurred, or such other judge as may be

assigned by the Supreme Court, shall hear and determine said issue

without delay or continuance of more than one (1) day. On the day

of such hearing, the contestee may file answer to such petition or

may file cross petition, setting forth in detail, as required of a

petitioner herein, such claim of fraud. An original petition or

cross petition must be under oath and under penalty of perjury. The

judge shall try and determine the issues formed by such pleadings

and render such judgment as he may deem just and proper, according

Oklahoma Statutes - Title 26. Elections Page 120

to the evidence submitted. The decision of said district judge

shall be final as to any changes in the total votes, and a copy of

such judgment and decision shall be furnished the appropriate

election board. In any case where fraud is proved on the part of a

candidate, he shall be declared ineligible for the office for which

he was a candidate. In all cases where a petition is filed which

alleges fraud, but after hearing said allegations are not reasonably

sustained by competent evidence, the contestant shall be civilly

liable in damages to the contestee for all damages sustained,

including a reasonable attorney fee and all reasonable and proper

costs of conducting such contest; and in the event it be alleged and

found that such petition was frivolous in nature, the contestee may

also be allowed punitive damages to be paid by said petitioner.
Okla. Stat. tit. 26, § 26-13A-110 — OK Code / Title 26 / Section 26-13A-110
Vacancies
Status: in_force

A. Except as provided for in subsection F of this section,

vacancies for members of the board of education of every school

district or technology center school district shall be filled by

appointment by the board.

B. Except as provided for in subsection D of this section,

persons appointed to fill such vacancies in the first half of the

term of office for the board position shall serve only until the

next succeeding election, at which time the office which they hold

shall be placed on the ballot for the balance of the unexpired term.

Vacancies filled by appointment following the delivery of the

resolution calling for regular elections to the secretary of the

county election board shall be filled until the regular elections

the following year. Persons elected to fill unexpired terms shall

begin those terms at the next regular meeting of the board of

education following the election. Persons appointed to fill such

vacancies after the first half of the term of office for the board

position shall serve for the balance of the unexpired term.

Oklahoma Statutes - Title 26. Elections Page 149

C. Except as provided for in subsection D of this section, no

person shall be appointed to a board of education who does not meet

the eligibility qualifications needed to be a candidate for such

position as provided for in Section 13A-106 of this title and

Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma

Statutes.

D. If after the filing period is closed no candidate for an

open position on a board of education of a school district has filed

and therefore a vacancy is created, the vacancy shall be filled by

appointment by the board. Persons appointed to fill such vacancies

shall not be required to reside in the board or election district

but shall be required to reside in the school district and to meet

the other eligibility qualifications needed to be a candidate for

the position as provided for in Section 13A-106 of this title and

Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma

Statutes. Persons appointed to fill vacancies as provided for in

this subsection shall be eligible to serve only for the balance of

the term.

E. If the board of education does not fill the vacancy by

appointment within sixty (60) days of the date the board declared

the seat vacant, the board of education shall call a special

election to fill the vacancy for the unexpired term. The special

election shall be called on a date established by subsection B of

Section 3-101 of this title, and the special filing period shall be

scheduled as required in subsection D of Section 13A-109 of this

title.

F. If vacancies occur which result in a loss of a majority of

members of the board of education of a school district or technology

center school district, the Governor shall appoint a member or

members necessary to constitute a quorum to the board of education

pursuant to the authority granted by Section 13 of Article VI of the

Oklahoma Constitution. Such appointment shall be consistent with

the requirements of this section and shall only be for the remainder

of the term of office.
Okla. Stat. tit. 26, § 26-14-118.1 — OK Code / Title 26 / Section 26-14-118.1
Failure to receive mailed ballot in time to be
Status: in_force

counted - Transmission by facsimile device.

In the event that an absentee ballot mailed to a voter

identified by Section 14-142 of this title or otherwise transmitted

to a voter as provided by law cannot be received by the voter, voted

and returned to the secretary of the county election board in the

county of the residence of the voter in time to be counted, the

secretary shall be authorized to transmit a ballot for federal

offices by facsimile device as defined in Section 1862 of Title 21

of the Oklahoma Statutes, provided that the voter has made a timely

application for an absentee ballot. The voter may transmit by

facsimile device the voted ballot only to the location designated by

the Secretary of the State Election Board. Regular absentee ballots

also shall be mailed to the voter, and if the regular ballots are

returned by the voter and received by the secretary of the county

election board in time to be counted, the ballot transmitted by

Oklahoma Statutes - Title 26. Elections Page 168

facsimile device shall not be counted. The Secretary of the State

Election Board shall promulgate rules setting forth procedures and

prescribe appropriate forms to transmit and to receive absentee

ballots pursuant to this section.
Okla. Stat. tit. 26, § 26-11-101 — OK Code / Title 26 / Section 26-11-101
Declaration of candidacy - Expiration of term
Status: in_force

A Justice of the Supreme Court or a Judge of the Court of

Criminal Appeals whose term of office expires the second Monday in

January following a General Election and who seeks retention in

office must file with the Secretary of State not less than sixty

(60) days before the date of such General Election a Declaration of

Candidacy to succeed himself.
Okla. Stat. tit. 26, § 26-14-137 — OK Code / Title 26 / Section 26-14-137
Definitions
Status: in_force

As used in the Uniform Military and Overseas Voters Act:

1. “Covered voter” means:

a. a uniformed-service voter or an overseas voter who is

registered to vote in this state,

b. a uniformed-service voter defined in subparagraph a of

paragraph 9 of this section, whose voting residence is

in this state and who otherwise satisfies this state’s

voter eligibility requirements,

c. an overseas voter who, before leaving the United

States, was last eligible to vote in this state and,

except for a state residency requirement, otherwise

satisfies this state’s voter eligibility requirements,

d. an overseas voter who, before leaving the United

States, would have been last eligible to vote in this

state had the voter then been of voting age and,

except for a state residency requirement, otherwise

satisfies this state’s voter eligibility requirements,

or

e. an overseas voter who was born outside the United

States, is not described in subparagraph c or d of

this paragraph, and, except for a state residency

requirement, otherwise satisfies this state’s voter

eligibility requirements, if:

Oklahoma Statutes - Title 26. Elections Page 175

(1) the last place where a parent or legal guardian

of the voter was, or under the Uniform Military

and Overseas Voters Act would have been, eligible

to vote before leaving the United States is

within this state, and

(2) the voter has not previously registered to vote

in any other state;

2. “Dependent” means an individual recognized as a dependent by

a uniformed service;

3. “Federal postcard application” means the application

prescribed under Section 101(b)(2) of the Uniformed and Overseas

Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff(b)(2);

4. “Federal write-in absentee ballot” means the ballot

described in Section 103 of the Uniformed and Overseas Citizens

Absentee Voting Act, 42 U.S.C. Section 1973ff-2;

5. “Military-overseas ballot” means:

a. a federal write-in absentee ballot,

b. a ballot specifically prepared or distributed for use

by a covered voter in accordance with Section 14-136

et seq. of this title, or

c. a ballot cast by a covered voter in accordance with

the Uniform Military and Overseas Voters Act;

6. “Overseas voter” means a United States citizen who is

outside the United States;

7. “State” means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States;

8. “Uniformed service” means:

a. active and reserve components of the Army, Navy, Air

Force, Marine Corps, Space Force, or Coast Guard of

the United States,

b. the Merchant Marine, the commissioned corps of the

Public Health Service, or the commissioned corps of

the National Oceanic and Atmospheric Administration of

the United States, or

c. the National Guard and state militia;

9. “Uniformed-service voter” means an individual who is

qualified to vote and is:

a. a member of the active or reserve components of the

Army, Navy, Air Force, Marine Corps, Space Force, or

Coast Guard of the United States who is on active

duty,

b. a member of the Merchant Marine, the commissioned

corps of the Public Health Service, or the

commissioned corps of the National Oceanic and

Atmospheric Administration of the United States,

Oklahoma Statutes - Title 26. Elections Page 176

c. a member on activated status of the National Guard or

state militia, or

d. a spouse or dependent of a member referred to in this

paragraph; and

10. “United States”, used in the territorial sense, means the

several states, the District of Columbia, Puerto Rico, the United

States Virgin Islands, and any territory or insular possession

subject to the jurisdiction of the United States.
Okla. Stat. tit. 26, § 26-2-121 — OK Code / Title 26 / Section 26-2-121
Offices of county election boards – Election security
Status: in_force

measures.

A. 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. The 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. The office shall be convenient to the public, shall have

furniture, furnishings and fixtures and other equipment comparable

Oklahoma Statutes - Title 26. Elections Page 25

to other county offices within the county, and necessary to the

operation of the office.

B. 1. The county commissioners of each county shall, at county

expense, implement security measures at the county election board

that are equivalent to security measures the county provides to its

other county agencies, in order to ensure the county election board

office is adequately protected from physical intrusions or attacks

and to provide cybersecurity for county-owned computer systems

operated by the county election board.

2. County officials shall immediately notify the Secretary of

the State Election Board upon learning of an attempted or successful

physical or cyber attack or intrusion committed against the county

election board.

C. To ensure the security of election records, equipment,

computers, software, ballots, supplies and other materials necessary

to conduct elections:

1. The county election board shall not share storage space

where ballots, voter registration records or election equipment are

stored with any other county agency unless authorized by the

Secretary of the State Election Board; and

2. No county personnel other than those employed by the county

election board shall be assigned workspace within the physical

offices that are assigned to the county election board.

Provided, nothing in this subsection shall prohibit the county

election board office from being located within the county

courthouse or another county-owned building shared by multiple

county agencies, nor shall it restrict the county election board

from utilizing common areas intended for use by multiple county

agencies other than as specifically prohibited in this subsection.

D. The Secretary of the State Election Board shall have the

authority to enforce the requirements of, and may promulgate

administrative rules to implement the provisions of, this section.
Okla. Stat. tit. 26, § 26-8-110 — OK Code / Title 26 / Section 26-8-110
Sheriff to provide security for ballot boxes or transfer
Status: in_force

cases.

It shall be the duty of the sheriff in each county to provide

security for the ballot boxes or transfer cases from the time the

ballot boxes or transfer cases are stored by the county election

board following an election until the election results have been

certified or, in the event a recount contest is filed, until such

time as the ballot boxes or transfer cases are delivered to the

district courtroom. Provided, ballot boxes or transfer cases may be

returned to the custody of the secretary of the county election

board for the purpose of conducting a post-election audit as

described in Section 1 of this act.
Okla. Stat. tit. 26, § 26-11-105 — OK Code / Title 26 / Section 26-11-105
No declaration filed - Procedure
Status: in_force

If no Declaration of Candidacy is filed by such judicial

officer, the Secretary of State shall immediately notify the

Governor and the Chairman of the Judicial Nominating Commission that

no Declaration of Candidacy was filed by the judicial officer,

stating his name and office, and that a vacancy has occurred or is

certain to occur, as is appropriate.
Okla. Stat. tit. 26, § 26-14-146 — OK Code / Title 26 / Section 26-14-146
Federal write-in absentee ballot
Status: in_force

A covered voter may use a federal write-in absentee ballot to

vote for all offices and ballot measures in an election described in

paragraphs 1 and 2 of Section 3 of this act.
Okla. Stat. tit. 26, § 26-3-105.2 — OK Code / Title 26 / Section 26-3-105.2
Distribution of vouchers by mail
Status: in_force

In lieu of the procedure for distribution of vouchers for

precinct officials 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

Oklahoma Statutes - Title 26. Elections Page 36

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.
Okla. Stat. tit. 26, § 26-14-101.1 — OK Code / Title 26 / Section 26-14-101.1
Absentee ballot harvesting
Status: in_force

A. For the purposes of this section, “absentee ballot

harvesting” means:

1. Collecting or obtaining an absentee ballot from another

person with the intent to submit, transmit or return the ballot to

election officials on behalf of that person;

2. Submitting, returning or transmitting an absentee ballot to

election officials on behalf of another person;

3. Collecting or obtaining an absentee ballot from another

person under a false pretense or promise of transmitting, returning

or submitting it to election officials on behalf of that person;

4. Requesting or receiving an absentee ballot on behalf of

another person;

5. Distributing an absentee ballot application or request to a

voter using the official letterhead of a candidate or elected

official;

Oklahoma Statutes - Title 26. Elections Page 151

6. Partially or fully completing an application for an absentee

ballot on behalf of another person without that person’s prior

consent; or

7. Notarizing or witnessing more absentee ballots than allowed

by law.

B. Absentee ballot harvesting shall be unlawful at any election

conducted by a county election board, the State Election Board or

any political subdivision of this state; provided, the following

shall not be deemed to be ballot harvesting:

1. A voter’s assistant or agent acting pursuant to law as

otherwise allowed by this title;

2. An absentee voting board member, as described in this title,

who assists a voter confined to a nursing home or State Veterans

Home pursuant to law;

3. An employee of the Federal Voting Assistance Program, the

United States Department of Defense or the Oklahoma National Guard

who assists a uniformed-services voter in returning or transmitting

an absentee ballot;

4. A spouse, relative in the first or second degree of

consanguinity or affinity or cohabitant of a voter who forwards an

absentee ballot to the voter when absent from the home;

5. A voter’s spouse who, with the voter’s consent, returns the

voter’s absentee ballot by mail; or

6. An official action by an election official that is required

or authorized by law.
Okla. Stat. tit. 26, § 26-2-116 — OK Code / Title 26 / Section 26-2-116
Duties of county election board
Status: in_force

The county election board shall perform such duties as may be

prescribed by law.
Okla. Stat. tit. 26, § 26-3-107 — OK Code / Title 26 / Section 26-3-107
State Election Board Revolving Fund
Status: in_force

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 the Office of

Management and Enterprise Services.
Okla. Stat. tit. 26, § 26-5-118 — OK Code / Title 26 / Section 26-5-118
Contests of candidacy
Status: in_force

Any candidate, hereafter referred to as petitioner, may contest

the candidacy of any other candidate for the same office, hereafter

referred to as contestee, by filing a written petition with the

secretary of the election board with whom said candidate filed the

declaration of candidacy. In the event only one candidate files for

an office, a petition contesting the candidacy may be filed by any

registered voter who is eligible to vote for the candidate.
Okla. Stat. tit. 26, § 26-13-103 — OK Code / Title 26 / Section 26-13-103
Conduct of municipal elections - Partisan elections
Status: in_force

A. All municipal elections shall be held at the same place and

in the same manner prescribed for conduct of state and county

elections unless otherwise provided by law.

B. A municipality may adopt an ordinance requiring its

elections to be partisan. If such an ordinance is adopted, a

municipality shall notify the county election board that its

election is to be partisan in its resolution calling for an

election. If a municipality fails to notify the county election

board that its election will be on a partisan basis in the

resolution calling for an election, then the municipal election

shall be on a nonpartisan basis. Provided, any municipality which

is governed by a charter may provide otherwise by charter or

ordinance.

C. All precincts totally or partially contained within the

limits of a municipality shall be open for all elections held by

such municipality; provided, however, that a municipality may

authorize any precinct which is only partially contained within the

limits of the municipality not to be opened by certifying to the

county election board in its resolution calling for an election that

no persons reside within that portion of the precinct contained

within the limits of the municipality. Polling places shall be open

from 7:00 a.m. until 7:00 p.m. Precinct officials shall be the same

as for state and county elections; provided, however, that

substitutions, if necessary, shall be made by the secretary of the

county election board.

D. Except as otherwise provided by law, the laws governing

state and county Primary and General Elections shall be applicable

to all municipal elections.

E. All municipal elections, including elections for

municipalities with home rule charters, shall be held only on dates

identified in Section 3-101 of this title.

Oklahoma Statutes - Title 26. Elections Page 142
Okla. Stat. tit. 26, § 26-7-108 — OK Code / Title 26 / Section 26-7-108
Electioneering prohibited
Status: in_force

A. No person shall be allowed to electioneer within three

hundred (300) feet of the entrance to a polling place or in-person

absentee voting site or a person who is standing in line to vote

outside the polling place or in-person absentee voting site while an

election is in progress. No person or persons except election

officials, voters registered and voting at the polling place or in-

person absentee voting site, a minor child or dependent accompanying

such voters and other persons authorized by law shall be allowed to

remain inside the election enclosure or within fifty (50) feet of

the entrance to a polling place or in-person absentee voting site

while an election is in progress. No printed material other than

that provided by the election board shall be publicly placed or

exposed within three hundred (300) feet of the entrance to a polling

place or in-person absentee voting site while an election is in

progress.

B. For purposes of this title:

1. “Electioneering” means:

a. advocating directly for or against a candidate or

question that is or will be on the ballot at any

election, either verbally or with visual materials,

signs or clothing, audio recordings, electronic

communication, or any other type of communication, or

b. collecting signatures for a petition to place an issue

or question on a future ballot or soliciting contact

information or distributing information for any

candidate or issue that might be on a future ballot;

and

2. “Election enclosure” means the areas of a polling place

where voters sign the precinct registry and are issued ballots,

where voting booths are located, where a voting device or ballot box

is located, and any room, hallway or other space wherein such

activities take place.
Okla. Stat. tit. 26, § 26-14-113.2 — OK Code / Title 26 / Section 26-14-113.2
Marking and return of ballot
Status: in_force

A. 1. A voter who receives an absentee ballot pursuant to

Section 14-110.1 of this title shall be responsible for marking the

ballot or directing a person chosen by the voter to mark the ballot

in accordance with the provisions of Section 7-123.3 of this title

and as prescribed by the Secretary of the State Election Board;

2. The voter or person chosen by the voter shall seal the

ballot in the plain opaque envelope;

3. The voter shall fill out completely and sign the affidavit

or direct a person chosen by the voter to fill out completely and

sign the voter’s name on the affidavit. The name and address of

residence of the person chosen by the voter shall be printed on the

affidavit;

Oklahoma Statutes - Title 26. Elections Page 158

4. The signature of the voter or person chosen by the voter

shall be witnessed by two persons, who did not sign the affidavit on

behalf of the voter, whose printed names, signatures, and addresses

of residence shall appear on the affidavit; and

5. The voter or person chosen by the voter shall seal the plain

opaque envelope inside the envelope bearing the affidavit and return

both envelopes, sealed inside the return envelope, in the same

manner described in Section 14-108 of this title.

B. No person, except members of absentee voting boards, shall

witness the signature of more than five affidavits of persons who

swear they are physically incapacitated and unable to vote in person

at their precinct on election day. No person who is a candidate for

an office on the ballot or who is related within the third degree of

consanguinity or affinity to a candidate on the ballot may witness

any absentee ballot affidavit.
Okla. Stat. tit. 26, § 26-11-107 — OK Code / Title 26 / Section 26-11-107
Vacancy - Expiration of term
Status: in_force

If a judicial officer who was elected to a six-year term that

expires the second Monday in January following the election or who

was appointed to fill a vacancy that expires the second Monday in

January following the election and who was retained in office by the

voters at a prior General Election fails to file a Declaration of

Candidacy to be retained in office to succeed himself, or files such

a Declaration but is not retained in office at the election, the

Oklahoma Statutes - Title 26. Elections Page 130

vacancy in office occurs on the second Monday in January following

the election. If a judicial officer who was appointed to fill a

vacancy but who has not yet been retained in office by the voters

fails to file a Declaration of Candidacy, the vacancy in office

occurs when the time to file such Declaration has expired. If such

judicial officer files a Declaration of Candidacy but is not

retained in office by the voters, the vacancy in office occurs when

the result of the election is certified to the Secretary of State.

In any of the above cases, the judicial officer may continue in

office after the vacancy occurs until his successor has been

appointed and has qualified for office.
Okla. Stat. tit. 26, § 26-2-130 — OK Code / Title 26 / Section 26-2-130
Removal of precinct officials and others
Status: in_force

The secretary of the county election board shall have the

authority to remove any precinct judge, clerk, other precinct

official, absentee voting board member or counter at any time. The

removal of a judge, clerk, counter or absentee voting board member

shall be subject to the approval of the county election board.

Written notice shall be provided to the person so removed.
Okla. Stat. tit. 26, § 26-10-107 — OK Code / Title 26 / Section 26-10-107
Electors to meet - Duties
Status: in_force

Persons chosen as Presidential Electors shall meet at 10:00 a.m.

in the Governor's office at the time appointed by the laws of the

United States and cast their votes in the manner therein provided

and perform such duties as may be required by law. Each such

Elector shall receive mileage reimbursement at the rate as provided

for state employees, said reimbursement to be paid from funds

appropriated to the Office of the Governor.
Okla. Stat. tit. 26, § 26-11-112 — OK Code / Title 26 / Section 26-11-112
No candidate receives majority - Procedure
Status: in_force

If no candidate for the office of an associate district judge,

or district judge, if the nominating district is coextensive with

the entire judicial district or electoral division of a judicial

district, receives a majority of the votes cast for that office at

the Primary Election, the two candidates who receive the highest

number of votes will have their names placed on the ballot for the

General Election. In the case of district judges, if the nominating

district is not coextensive with the whole judicial district or

electoral division of a judicial district, the two candidates who

receive the highest number of votes at the Primary Election will

have their names placed on the ballot for the General Election,

whether or not one receives a majority of votes cast for that office

at the Primary Election.
Okla. Stat. tit. 26, § 26-3-301.1 — OK Code / Title 26 / Section 26-3-301.1
Local elections - Compliance with the Let the Troops
Status: in_force

Vote Act of 2011.

Any local entity seeking to hold an election on the same date as

a state or federal election shall ensure that the election board can

comply with the provisions of the Let the Troops Vote Act of 2011,

including, but not limited to, submitting the resolution calling for

the election, conducting a candidate filing period and conducting

any related elections not conducted by the county election board on

dates that ensure such compliance.
Okla. Stat. tit. 26, § 26-7-112 — OK Code / Title 26 / Section 26-7-112
Persons allowed in enclosure - News reporter or
Status: in_force

photographer.

At no time during the hours of voting shall any person, other

than the election officials and other persons authorized by law, be

allowed inside the election enclosure except for one registered

voter in each voting booth and one other registered voter for each

voting booth. However, a news reporter or photographer may, in the

course of covering the election being conducted, be allowed inside

the election enclosure for a period not to exceed five (5) minutes.

Such reporter or photographer shall not interfere with voters or

election officials and shall neither observe any individual voter

while the voter marks a ballot nor photograph any voter who is

marking a ballot.
Okla. Stat. tit. 26, § 26-14-147 — OK Code / Title 26 / Section 26-14-147
Counting of ballots
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 180

A. A valid military-overseas ballot cast in accordance with

Section 10 of this act must be counted if it is delivered by 7:00

p.m. the day of the election to the address that the appropriate

state or local election office has specified.

B. If, at the time of completing a military-overseas ballot and

balloting materials, the voter has declared under penalty of perjury

that the ballot was timely submitted, the ballot may not be rejected

on the basis that it has a late postmark, an unreadable postmark, or

no postmark.
Okla. Stat. tit. 26, § 26-8-118 — OK Code / Title 26 / Section 26-8-118
Election contested due to fraud or other irregularity
Status: in_force

In the event a candidate contests the correctness of the

announced results of an election by alleging either fraud or any

other irregularities, the secretary of the election board receiving

the petition shall set a hearing in the same manner as provided for

recounts. Provisions for service of notice shall be the same as for

recounts. The petition shall be filed with the secretary of the

election board with whom the candidate filed the candidate's

declaration of candidacy, unless otherwise provided for by law.

The district judge conducting the hearing or such other judge as

may be assigned by the Supreme Court shall have the authority to

issue subpoenas and compel the attendance of witnesses and the

production of evidence.
Okla. Stat. tit. 26, § 26-12-108 — OK Code / Title 26 / Section 26-12-108
Dates
Status: in_force

A. Such proclamation shall contain the following facts:

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

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

proclamation;

Oklahoma Statutes - Title 26. Elections Page 135

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

thirty (30) days after the close of the filing period;

3. The date of the Special Runoff Primary Election, not less

than twenty (20) days after the date of the Special Primary

Election;

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

twenty (20) days after the date of the Special Runoff Primary

Election; and

5. a. In the event a Special Primary Election is not

necessary, the Special General Election shall be moved

to the date of the Special Primary Election.

b. In the event a Special Primary Election is held, but a

Special Runoff Primary Election is not necessary, the

Special General Election shall be moved to the date of

the Special Runoff Primary Election.

B. The election dates contained in the proclamation shall be

limited to the election dates provided in Section 3-101 of this

title.

C. 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, § 26-5-114 — OK Code / Title 26 / Section 26-5-114
Designation of term
Status: in_force

In all primary elections where there are two or more nominations

to be made for the same office in name, one of said offices being

for a longer term than the other, each candidate, in filing for

nomination for said office, shall state whether he is filing for the

long or short term, and the same shall be reflected on the ballot

for said offices.
Okla. Stat. tit. 26, § 26-7-132 — OK Code / Title 26 / Section 26-7-132
Certificate of vote - Electronic results of election
Status: in_force

results storage medium.

After the last voter has voted, the inspector shall insert the

key or other device in the voting device and obtain printouts of

results from the election results storage medium. The Secretary of

the State Election Board shall prescribe the number of such

printouts to be obtained. The inspector, judge and clerk shall each

sign all printouts which shall be certificates that the results of

the precinct are true and correct. The printed certificate of vote

and electronic results of the election results storage medium shall

be official results of the precinct. The inspector shall cause one

copy of each certificate to be posted on the door or entrance of the

polling place . The secretary of the county election board shall

cause the official results of the precinct to be transmitted

forthwith to the Secretary of the State Election Board in the manner

prescribed by the Secretary of the State Election Board.
Okla. Stat. tit. 26, § 26-16-110 — OK Code / Title 26 / Section 26-16-110
Misdemeanors
Status: in_force

Any person deemed guilty of a misdemeanor under provisions of

this act shall, upon conviction, be confined to the county jail for

not more than one (1) year, or fined not more than Ten Thousand

Dollars ($10,000.00) or both.
Okla. Stat. tit. 26, § 26-16-117 — OK Code / Title 26 / Section 26-16-117
Disclosure of count
Status: in_force

Any person who discloses the count during an election prior to

the time such disclosure is authorized by law shall be deemed guilty

of a misdemeanor.
Okla. Stat. tit. 26, § 26-14-148 — OK Code / Title 26 / Section 26-14-148
Signed declaration
Status: in_force

A military-overseas ballot must include or be accompanied by a

declaration signed by the voter that a material misstatement of fact

in completing the ballot may be grounds for a conviction of perjury

under the laws of the United States or this state.
Okla. Stat. tit. 26, § 26-2-101.2 — OK Code / Title 26 / Section 26-2-101.2
Vacancy by death or resignation - Filling
Status: in_force

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.
Okla. Stat. tit. 26, § 26-2-128 — OK Code / Title 26 / Section 26-2-128
Appointment of counters - Compensation
Status: in_force

In the event a hand count of ballots is required, counters may

be appointed by the secretary of the county election board only as

authorized by the Secretary of the State Election Board for any

election. Insofar as is possible, no more than one-half (1/2) of

the counters shall be members of the same political party. The

Secretary of the State Election Board may prescribe procedures

regarding the appointment and duties of counters. Counters shall be

compensated at the same rate as a judge and clerk.
Okla. Stat. tit. 26, § 26-5-112 — OK Code / Title 26 / Section 26-5-112
Petitions and filing fees
Status: in_force

A. A declaration of candidacy must be accompanied by:

1. A petition supporting a candidate's filing signed by not

fewer than two percent (2%) of the number of registered voters in

the district, county or state, as appropriate for the office sought;

or

Oklahoma Statutes - Title 26. Elections Page 76

2. A cashier's check or certified check as follows:

a. for candidates for Governor, Two Thousand Dollars

($2,000.00),

b. for candidates for United States Senator, Two Thousand

Dollars ($2,000.00),

c. for candidates for United States Congress, One

Thousand Dollars ($1,000.00),

d. for candidates for Lieutenant Governor, Corporation

Commission, Attorney General, State Auditor and

Inspector, State Superintendent of Public Instruction,

State Treasurer, Commissioner of Insurance and

Commissioner of Labor, One Thousand Dollars

($1,000.00),

e. for candidates for the State House of Representatives,

Five Hundred Dollars ($500.00),

f. for candidates for the State Senate, Seven Hundred

Fifty Dollars ($750.00),

g. for candidates for District Judge or Associate

District Judge, Five Hundred Dollars ($500.00),

h. for candidates for District Attorney, Five Hundred

Dollars ($500.00), and

i. for candidates for county office, Three Hundred

Dollars ($300.00).

B. A filing fee received by the Secretary of the State Election

Board shall be deposited in the State Election Board Revolving Fund

created pursuant to Section 3-107 of this title. A filing fee

received by a secretary of a county election board shall be

deposited in the County Election Board Special Depository Account

authorized by Section 3-108 of this title.
Okla. Stat. tit. 26, § 26-7-115 — OK Code / Title 26 / Section 26-7-115
Absentee ballot affidavit
Status: in_force

If a registered voter has requested an absentee ballot, he shall

be required by the judge to sign an affidavit swearing or affirming

that he has not cast such absentee ballot and is entitled to vote in

person.
Okla. Stat. tit. 26, § 26-7-108.2 — OK Code / Title 26 / Section 26-7-108.2
Exit poll pollster - Identification
Status: in_force

Any person conducting an exit poll within three hundred (300)

feet of any ballot box, hereinafter referred to as "pollster", shall

display identification prescribed by the Secretary of the State

Election Board at all times he is conducting the poll. The

identification shall be provided to the pollster by the secretary of

the county election board.
Okla. Stat. tit. 26, § 26-12-119 — OK Code / Title 26 / Section 26-12-119
Incumbents - Irrevocable letter of resignation -
Status: in_force

Special elections.

Except as otherwise provided by law, an incumbent in any

elective office for which a vacancy is filled by special election

called by the Governor may file with the Oklahoma Secretary of State

an irrevocable resignation in writing which states that the

resignation will not become effective immediately, but rather will

become effective on some date certain. Upon receipt of the

irrevocable letter of resignation, the Governor shall set the date

for the special election. The person elected at the special

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

of the results of the special election or the date the resignation

of the incumbent becomes effective and shall serve the remainder of

the unexpired term.
Okla. Stat. tit. 26, § 26-13A-104 — OK Code / Title 26 / Section 26-13A-104
Certification of election in multicounty district
Status: in_force

For school districts and technology center school districts

located in more than one county, the county election board located

in the county wherein supervision of the district is located shall

be responsible for certifying its elections. The Secretary of the

State Election Board shall prescribe procedures for certification.
Okla. Stat. tit. 26, § 26-5-121 — OK Code / Title 26 / Section 26-5-121
Deposit required for contest
Status: in_force

The petition must be accompanied by a cashier's check or

certified check in the amount of Two Hundred Fifty Dollars

($250.00).
Okla. Stat. tit. 26, § 26-14-136 — OK Code / Title 26 / Section 26-14-136
Short title
Status: in_force

This act shall be known and may be cited as the “Uniform

Military and Overseas Voters Act”.
Okla. Stat. tit. 26, § 26-14-101 — OK Code / Title 26 / Section 26-14-101
Absentee ballots authorized - Adjustment of filing
Status: in_force

period.

A. Absentee ballots shall be provided for any election

conducted by a county election board. A charter municipality may

adjust its filing period and election dates to allow sufficient time

for the mailing and return of absentee ballots if the filing period

or election dates provided in the municipality's charter do not

provide sufficient time for the mailing and return of absentee

ballots.

B. Any election called by a charter municipality simultaneously

with any other entity's election held in any part of the

municipality shall provide no less time for the mailing and return

of absentee ballots than the least time provided by the other

entity.
Okla. Stat. tit. 26, § 26-14-107 — OK Code / Title 26 / Section 26-14-107
Materials to accompany absentee ballots - Sharing of
Status: in_force

digital image or photograph - Admissibility as evidence.

A. Absentee ballots must be accompanied by:

1. A plain opaque envelope in which voted ballots must be

placed by the voter;

2. An envelope bearing an affidavit stating that the voter is

qualified to vote and that the voter has personally marked the

ballots, and has not exhibited the marked ballots to any other

person;

3. A return envelope addressed to the secretary of the county

election board; and

4. A notice that it is illegal for a Notary Public in this

state to charge a fee to notarize an official absentee ballot

affidavit.

B. A voter may take a digital image or photograph of his or her

marked absentee ballot and distribute or share the image via social

media or by any other means if performed voluntarily and in

compliance with state and federal law. Testimony as to how any

individual cast his or her absentee ballot, whether or not said

absentee 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, § 26-14-124 — OK Code / Title 26 / Section 26-14-124
Absentee counters – Appointment
Status: in_force

The secretary of the county election board shall appoint

absentee counters as authorized by the State Election Board, said

absentee counters meeting all qualifications required of precinct

counters.
Okla. Stat. tit. 26, § 26-16-103 — OK Code / Title 26 / Section 26-16-103
False swearing
Status: in_force

Any person who knowingly swears or affirms a false affidavit in

order to become eligible to vote, to obtain and vote a provisional

ballot, to obtain and vote an absentee ballot, or to cause the

cancellation of a qualified elector’s voter registration, shall be

deemed guilty of a Class D1 felony offense.

Oklahoma Statutes - Title 26. Elections Page 184
Okla. Stat. tit. 26, § 26-12-112 — OK Code / Title 26 / Section 26-12-112
Proclamation
Status: in_force

In calling such an election, the Governor shall issue a

proclamation, a copy of which must be filed with the Secretary of

the State Election Board and the secretary of the county election

board in which said vacancy occurs.
Okla. Stat. tit. 26, § 26-16-124 — OK Code / Title 26 / Section 26-16-124
Election-related unauthorized access, tampering, or
Status: in_force

damage — Penalty.

Any person who intentionally accesses or attempts to access

without authorization, tampers with or attempts to tamper with, or

damages or attempts to damage, any hardware, software, application,

network or any part of an election management system, election

results tabulation system, voter registration system or other

election-related system of the State Election Board or a county

election board, shall be deemed guilty of a felony.
Okla. Stat. tit. 26, § 26-7-102 — OK Code / Title 26 / Section 26-7-102
Supplies and ballots provided by State Election Board
Status: in_force

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

Election, it shall be the duty of the State Election Board to

provide for each county election board the supplies and ballots

required by law to conduct the election.
Okla. Stat. tit. 26, § 26-3-101 — OK Code / Title 26 / Section 26-3-101
Elections to be on Tuesdays - Scheduling of special
Status: in_force

elections - State holidays - Filing of resolution.

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 regular or special

election for any purpose shall be held by any county, school

district, technology center school district, municipality, fire

protection district, or other political subdivision authorized to

call elections except as follows:

1. The second Tuesday of February in any year;

2. The first Tuesday of April in any year;

3. The third Tuesday of June in any year;

4. The fourth Tuesday of August in any year;

5. The first Tuesday after the first Monday of November in any

year; and

6. The second Tuesday of December, beginning in December of

2025, and every four (4) years thereafter.

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. In the event that any day of a

candidate filing period occurs on a Saturday, Sunday, or any

Oklahoma Statutes - Title 26. Elections Page 32

official state holiday, that day of the filing period shall be

scheduled for the next business day.

D. For a special election called by the Governor as authorized

by law, the Governor shall be limited to the dates stated in

subsection B of this section. Provided, however, if a vacancy has

occurred in the office of a United States Representative, State

Senator, or State Representative, or in the event of a declared

national or state emergency that requires a special election, the

Governor may also call a special election as authorized by law on

the following dates:

1. The second Tuesday of January in any year;

2. The first Tuesday of March in any year;

3. The first Tuesday of May in an odd-numbered year;

4. The second Tuesday of July in an odd-numbered year;

5. The second Tuesday of September in an odd-numbered year;

6. The first Tuesday of October in an odd-numbered year; and

7. The second Tuesday of December in any year.

E. Notwithstanding any other provision of law or any provision

of a municipal charter, any municipality, school district,

technology center district, county, rural fire protection district,

or any other entity seeking to hold a regular or special election to

be conducted by a county election board on the same date as a

regular or special federal or state election, shall file the

resolution calling for the election with the county election board

secretary no later than seventy-five (75) days prior to the election

date. A candidate filing period of three (3) days, if so required

by the resolution, shall begin no later than ten (10) days following

the deadline to file the resolution with the secretary of the county

election board; 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.

F. Any school district, technology center district,

municipality, including any municipality governed by charter, rural

fire protection district, or any other entity seeking to hold a

special election for the purpose of filling a vacancy shall schedule

a candidate filing period of three (3) days to begin not more than

twenty (20) days following the date the resolution calling the

election is required to be filed with the secretary of the county

election board.

G. The provisions of this section shall apply to elections held

after January 1, 2026.
Okla. Stat. tit. 26, § 26-14-115.7 — OK Code / Title 26 / Section 26-14-115.7
Applicable procedure for properly executing an
Status: in_force

absentee ballot affidavit.

For any election conducted by the State Election Board or a

county election board, the only procedure for properly executing an

absentee ballot affidavit shall be that which is required in a

section of Title 26 of the Oklahoma Statutes that applies to that

type of absentee ballot affidavit, or which otherwise has been

specifically allowed for absentee ballot affidavits as provided by

Section 3 of this act.