Okla. Stat. tit. 26, § 26-3-105.1 — OK Code / Title 26 / Section 26-3-105.1
Election personnel - Compensation and benefits -
Status: in_force

Election expenses.

A. When any county, municipality, school district or other

governmental entity authorizes an election to be conducted by the

county election board, the secretary of the county election board

shall, not less than thirty-five (35) days prior to the election,

submit to the governmental entity for whom the election is

authorized:

1. An itemized estimate of the number of precinct officials and

absentee voting board members necessary for the election; and

2. An estimate of the compensation and employer's share of any

benefits to be provided to each precinct official and absentee

voting board member.

B. Not less than fifteen (15) days prior to the election, the

county, municipality, school district or other governmental entity

authorizing the election shall submit to the secretary of the county

election board an amount of funds equal to the estimate of

compensation and benefits for precinct officials and absentee voting

board members as provided in subsection A of this section. If such

amount is not submitted ten (10) days prior to the election, the

secretary of the county election board shall not be required to hold

the election. Upon receipt of the funds, the secretary of the

county election board shall deposit the funds in the County Election

Board Special Depository Account.

C. The secretary of the county election board shall issue

vouchers for the compensation and benefits of precinct officials and

absentee voting board members from the County Election Board Special

Depository Account, pursuant to Section 681 et seq. of Title 19 of

the Oklahoma Statutes. The secretary of the county election board

shall provide the vouchers to the precinct inspector, except the

voucher for the inspector and absentee voting board members, at the

time the inspector receives supplies and ballots for the election.

The vouchers shall be distributed to the appropriate precinct

officials upon closing of the polls on the day of the election and

to absentee voting board members upon completion of their prescribed

duties, according to procedures to be prescribed by the Secretary of

the State Election Board. Each precinct official shall sign a form

prescribed by the Secretary of the State Election Board

acknowledging receipt of compensation and benefits. The inspector

shall return the form, together with any unclaimed vouchers, to the

county election board, together with the results of the election and

other supplies and materials. At such time, the secretary of the

county election board shall provide a voucher for payment to the

inspector. The secretary of the county election board shall return

any unclaimed vouchers to the county treasurer within seven (7) days

after the election. If any additional vouchers for compensation and

Oklahoma Statutes - Title 26. Elections Page 35

benefits are required, the secretary of the county election board

shall issue such vouchers not less than seven (7) days after the

election. In no event shall compensation be made until after

services have been rendered.

D. As soon as practicable after conducting an election for a

municipality, school district, or other governmental entity, except

the state or county, the secretary of the county election board

shall submit a claim to the governing body of the entity for whom

the election was conducted. The claim shall itemize all expenses

associated with the election, and shall deduct any amount paid by

the municipality, school district or other governmental entity for

the compensation and employer's share of any benefits provided to

precinct officials and absentee voting board members pursuant to the

provisions of subsection B of this section. Upon receipt of such

itemized claim, the governing body shall make payment to the county

election board within thirty (30) days. Upon receipt of the

payment, the secretary of the county election board shall deposit

the payment in the County Election Board Special Depository Account.

The secretary shall disburse payments for the expenses incurred in

the election, pursuant to Section 681 et seq. of Title 19 of the

Oklahoma Statutes.

E. The State Election Board shall provide the compensation and

employer's share of benefits for precinct officials and absentee

voting board members in the payment made to the respective counties

for elections for which the precinct officials and absentee voting

board members are paid by the State Election Board, in the same

manner as provided in subsections A and B of this section. For the

foregoing elections, the county shall place in the County Election

Board Special Depository Account an amount of funds equal to the

county election board's share for each precinct official at each

election in the same manner as provided in subsections A and B of

this section. The Secretary of the State Election Board shall

prescribe a procedure by which the State Election Board or the

county shall be reimbursed for any overpayment made to a county

election board for compensation and employer's share of benefits

paid to precinct officials and absentee voting board members.
Okla. Stat. tit. 26, § 26-14-143 — OK Code / Title 26 / Section 26-14-143
Ballot timeliness
Status: in_force

An application for a military-overseas ballot is timely if

received by the last day for other voters in this state to apply for

an absentee ballot for that election. An application for a

Oklahoma Statutes - Title 26. Elections Page 179

military-overseas ballot for a primary election, whether or not

timely, is effective as an application for a military-overseas

ballot for the general election. An application for a military-

overseas ballot is effective for a runoff election necessary to

conclude the election for which the application was submitted.
Okla. Stat. tit. 26, § 26-6-114 — OK Code / Title 26 / Section 26-6-114
Ballots to be bound and designated
Status: in_force

All ballots for a precinct shall be bound in a book or books and

must be designated in such a manner as the Secretary of the State

Election Board may prescribe to achieve identification of a book for

a particular precinct.
Okla. Stat. tit. 26, § 26-5-110 — OK Code / Title 26 / Section 26-5-110
Filing period
Status: in_force

Declarations of Candidacy provided herein must be filed with the

secretary of the appropriate election board no earlier than 8:00

a.m. on the first Wednesday of April of any even-numbered year and

no later than 5:00 p.m. on the next succeeding Friday. Such

Declarations of Candidacy may be transmitted by United States mail,

but in no event shall the secretary of any election board accept

such Declarations after the time prescribed by law.
Okla. Stat. tit. 26, § 26-2-126 — OK Code / Title 26 / Section 26-2-126
Inspector's duties
Status: in_force

The inspector shall be the principal administrative officer of

the precinct election board.
Okla. Stat. tit. 26, § 26-14-123 — OK Code / Title 26 / Section 26-14-123
Removal of outer envelopes - Examination of affidavits
Status: in_force

A. At 10:00 a.m. on Thursday preceding the election, or at such

time thereafter as the secretary of the county election board may

desire, the county election board may meet and publicly remove the

outer envelopes from all absentee ballots then received, examine and

remove properly executed affidavits and place the plain opaque

envelopes in a ballot box, locked with three locks. The procedure

shall be repeated until such time as all ballots have been received.

Provided, such procedure may begin at an earlier date upon the

written approval of the Secretary of the State Election Board.

B. 1. The county election board may designate one or more

special absentee voting boards to conduct the removal of outer

envelopes and examination of affidavits described in subsection A of

this section. A special absentee voting board shall consist of two

members, neither of whom shall be of the same political party.

Members of a special absentee voting board shall be designated by

the county election board from a list provided by the secretary of

the county election board. Members of a special absentee voting

board shall meet the same eligibility requirements as a precinct

judge or clerk and shall receive the same compensation as a nursing

home absentee voting board.

2. The public shall have the right to be present when a special

absentee voting board conducts the removal of outer envelopes and

examination of affidavits, but these duties are not required to be

performed during a public meeting of the county election board.

3. A special absentee voting board so designated shall organize

the absentee ballot affidavits they have examined into three groups:

a. those the special absentee voting board agrees are

properly executed,

b. those the special absentee voting board agrees are not

properly executed, and

c. those absentee ballot affidavits about which the

special absentee voting board members do not agree.

Each group shall be reported to the county election board at a

public meeting of the board.

4. For absentee ballot affidavits that the special absentee

voting board agrees are properly executed, upon approval of the

county election board, the affidavits shall be removed and the plain

opaque envelopes shall be eligible to be counted pursuant to law.

Oklahoma Statutes - Title 26. Elections Page 171

5. For absentee ballots that the special absentee voting board

agrees are not properly executed pursuant to law, the county

election board shall review the affidavits and make a determination

as to whether the affidavits should be accepted or rejected pursuant

to law.

6. For absentee ballot affidavits on which the special absentee

voting board cannot agree about a properly executed affidavit, the

county election board shall review the affidavits and make a

determination as to whether the affidavits should be accepted or

rejected pursuant to law.

C. When an examination of an absentee ballot affidavit is made

to determine whether it has been properly executed, such

determination shall be based only upon the requirements found in

this title for the type of absentee ballot affidavit being examined.

No person making such a determination shall substitute his or her

own personal preference or judgment in place of the requirements

provided by law.
Okla. Stat. tit. 26, § 26-1-105 — OK Code / Title 26 / Section 26-1-105
Substitute candidates
Status: in_force

A. In the event of the death of a political party's nominee for

office prior to the date of the General Election, or in the event

that a deceased person receives a political party's nomination for

office, a substitute candidate will be permitted to have his or her

name placed on the General Election ballot as follows:

1. If the nominee was a candidate for county office, the

political party's central committee of the county shall notify the

secretary of the county election board of the name of an alternative

candidate to be placed on the General Election ballot. Such notice

shall be submitted in writing, within fifteen (15) days after the

death has occurred, but not later than five o'clock p.m. on the

Friday following the date of the Runoff Primary Election, and shall

be signed by at least two duly authorized members of the political

party's county central committee. If a political party's central

committee fails to submit the notice in the manner described, then a

Oklahoma Statutes - Title 26. Elections Page 12

nominee for that party shall not appear on the ballot for that

office;

2. If the nominee was a candidate who filed a Declaration of

Candidacy with the State Election Board, the state central committee

of the party affected shall notify the Secretary of the State

Election Board of the name of an alternative candidate to be placed

on the General Election ballot. Such notice shall be submitted in

writing, within fifteen (15) days after the death has occurred, but

not later than five o'clock p.m. on the Friday following the date of

the Runoff Primary Election, and shall be signed by at least two

duly authorized members of the political party's state central

committee. If a political party's central committee fails to submit

the notice in the manner described, then a nominee for that party

shall not appear on the ballot for that office; and

3. Provided, if the death of a political party's nominee for

an office described in paragraph 1 or 2 of this subsection should

occur after the Friday following the date of the Runoff Primary

Election, then the election shall proceed with the deceased

candidate's name printed on the ballot.

B. In the event of the death of an independent candidate for an

office described in paragraph 1 or 2 of subsection A of this

section, the following procedure shall apply:

1. If the death occurs on or prior to the Friday following the

date of the Runoff Primary Election, the candidate's name shall not

be printed on the ballot; and

2. If the death occurs after the Friday following the date of

the Runoff Primary Election, the candidate's name shall be printed

on the ballot.

C. In the event a deceased candidate is certified by the

appropriate Election Board as having won an election, a vacancy in

the office shall occur upon the date the candidate would have taken

office, and the vacancy shall be filled in the manner prescribed by

law.

D. In the event of the death of a candidate who was unopposed

for election, a Special Election shall be called by the Governor.

The Special Election shall be conducted according to the laws

governing such elections, Section 12-101 et seq. of this title.
Okla. Stat. tit. 26, § 26-2-106 — OK Code / Title 26 / Section 26-2-106
State Election Board duties – Altering or amending
Status: in_force

election procedures.

A. The State Election Board shall perform such duties as may be

prescribed by law.

B. 1. No agency, board, or commission or other entity of state

government, or officer of this state, or state employee, or a county

election board, shall enter into a legal agreement, consent decree,

or settlement of any kind which would alter or amend election

procedures prescribed by the Legislature in statute. Any such

agreement, consent decree or settlement entered into in violation of

this subsection shall be void and unenforceable.

2. Neither the Governor nor any officer of the state nor any

political subdivision of the state, nor any court created by the

Oklahoma Constitution or by statute, shall amend or alter the

election procedures prescribed by the Legislature in statute, except

where specifically authorized by statute.

C. Either chamber of the Legislature, acting by the Speaker of

the Oklahoma House of Representatives or the President Pro Tempore

of the Oklahoma State Senate or both such persons jointly, may

intervene in any action, suit, or proceeding that challenges or

attempts to modify election procedures prescribed by statute.
Okla. Stat. tit. 26, § 26-1-107 — OK Code / Title 26 / Section 26-1-107
Recognized political parties
Status: in_force

Recognized political parties shall include parties whose

candidates' names appeared on the General Election ballot in 1974,

and those parties which shall be formed according to law.
Okla. Stat. tit. 26, § 26-5-107 — OK Code / Title 26 / Section 26-5-107
Identical names prohibited
Status: in_force

No person may become a candidate for any office enumerated in

Section 5-102 of this title whose name is identical to the name of

the incumbent or of any publicly announced candidate for such

office, or similar thereto, where it appears that the identity or

similarity of names is used for the purpose of confusing the voters.

Any person desiring to become a candidate for one of said offices

whose name is identical or similar to the name of the incumbent or

of any publicly announced candidate for said office shall observe

the following procedure.

The potential candidate shall file a preliminary Declaration of

Candidacy with the Secretary of the State Election Board between the

hours of 8 a.m. on Monday and 5 p.m. on Friday of the third week

prior to the beginning of the regular filing period. The

preliminary Declaration of Candidacy shall be accompanied by a

cashier's or certified check in the amount of Two Hundred Fifty

Dollars ($250.00).

When such a preliminary Declaration of Candidacy is filed the

Secretary of the State Election Board shall immediately set the

matter for hearing and shall cause at least five (5) days' notice to

be given by publication in one issue of a newspaper of general

circulation in the state so that any person may object to said

filing and be heard thereon at said hearing.

At said hearing the candidate may present proof and testimony of

his good faith. The burden of proof shall be upon the candidate to

show that his candidacy is in good faith and is not intended to

confuse the voters.

After a full and complete hearing the State Election Board shall

render its decision, and if it finds that he is acting in good faith

and not for the purpose of confusing the voters, said candidate

Oklahoma Statutes - Title 26. Elections Page 73

shall be permitted to file a Declaration of Candidacy during the

regular filing period, and his deposit shall be returned to him. If

the Board finds that said candidate's candidacy is designed for the

purpose of confusing the voters, he shall not be permitted to file

as a candidate, and the balance of his deposit, after the costs of

the hearing are deducted, shall be returned to him.
Okla. Stat. tit. 26, § 26-22-104 — OK Code / Title 26 / Section 26-22-104
Method of counting
Status: in_force

A. In a declared election emergency when the ballots are

counted manually, the counting of ballots shall be conducted in

accordance with the requirements of Sections 7-127 and 22-105 of

this title and the procedure prescribed by the Secretary of the

State Election Board so as to ensure accuracy and promptness in

determining the result. Provided, however, that the following

provisions shall be incorporated into the prescribed procedure:

1. In elections for which counters have been authorized, two

counters, of different political parties if possible, shall call

from the ballots the names of the candidates voted for, while two

other counters, also of different political parties if possible,

shall record the votes upon the official tally sheets. Only pencils

may be used in recording the vote;

2. If only two counters are authorized for an election, they

shall be of different political parties, if possible. Both counters

shall examine the ballots at the same time, while calling out the

vote and recording the vote upon the tally sheets in the manner

prescribed by the Secretary of the State Election Board; and

3. If no counters are authorized for an election, the judge and

clerk shall count the ballots cast in the precinct, and the county

election board chair and vice-chair shall count the absentee

ballots.

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

counted with voting devices, the counting of ballots shall be

conducted in accordance with the requirements of Sections 7-127 and

22-105 of this title and the procedures prescribed by the Secretary

of the State Election Board so as to ensure the accuracy and

promptness in determining the result.

C. It shall be unlawful for any person to divulge the progress

of the count until after all ballots have been counted and the

results of the count have been certified.
Okla. Stat. tit. 26, § 26-20-102 — OK Code / Title 26 / Section 26-20-102
Filing with Secretary of the State Election Board -
Status: in_force

Qualifications - Petition - Fees - Ballots.

A. Candidates for the nomination for President of the United

States shall file with the Secretary of the State Election Board.

Such candidates shall be members of political parties recognized

under the laws of the State of Oklahoma and shall have filed a

statement of candidacy with the Federal Election Commission and

shall have raised and expended not less than Five Thousand Dollars

($5,000.00) for the office. The candidates shall be required to

swear an oath or affirm that they meet the aforementioned

qualifications, and their signatures shall be witnessed by a notary

public. Such filing beginning at 8:00 a.m. on the first Monday in

December and ending at 5:00 p.m. on the next succeeding Wednesday,

or at a time prescribed by the State Election Board for a

Presidential Preferential Primary to be held on a date other than

the first Tuesday in March. A statement of candidacy must be

accompanied by a petition supporting a candidate's filing signed by

one percent (1%) of the registered voters in each congressional

district eligible to vote for a candidate or one thousand (1,000)

Oklahoma Statutes - Title 26. Elections Page 191

registered voters in each congressional district eligible to vote

for a candidate, whichever is less, as reflected by the latest

January 15 registration report; or by a cashier's check or certified

check in the amount of Five Thousand Dollars ($5,000.00). The State

Election Board shall cause the names of all candidates who have

filed within the proper time to be printed on the official ballots.

The ballots shall be prepared as provided for by law. Voters shall

be restricted to one vote for the candidate of his or her choice of

the political party in which the voter is registered.

B. Each page of a petition supporting a candidate's filing

shall identify the county and the congressional district, and shall

contain the names of registered voters in only one congressional

district and in only one county.

C. Each page of a petition supporting a candidate's filing

shall be verified. Verification shall be made in substantial

compliance with the provisions of Section 6 of Title 34 of the

Oklahoma Statutes.
Okla. Stat. tit. 26, § 26-3-107.3 — OK Code / Title 26 / Section 26-3-107.3
State Election Board Voting System 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 Voting System Revolving Fund”. The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the State Election Board from funds

appropriated by the Legislature provided for the purchase,

installation, maintenance, and security of a unitary, unified,

integrated system of election administration for this state as

described in Section 21-101 of Title 26 of the Oklahoma Statutes.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State Election

Board for the purpose provided for in this section. 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, § 26-12-101 — OK Code / Title 26 / Section 26-12-101
Vacancies in Congress
Status: in_force

A. Except as otherwise provided by law, whenever a vacancy

shall occur in the office of a member of the United States House of

Representatives from Oklahoma, such vacancy shall be filled at a

Special Election to be called by the Governor, who shall issue a

Writ of Election within thirty (30) days after such vacancy occurs.

B. If the vacancy occurs in the office of a member of the

United States House of Representatives in an even-numbered year, the

Regular Primary Election, Runoff Primary Election or General

Election for that office shall be deemed to also serve as a Special

Election to fill the unexpired term as designated by the Governor.

Within thirty (30) days after such vacancy occurs, the Governor

shall issue a Writ of Election declaring the same, and the candidate

elected at the Regular Election shall be deemed to have also been

elected at a Special Election to fill the unexpired term.

C. If a vacancy or irrevocable resignation occurs in the office

of a member of the United States Senate from Oklahoma, the vacancy

shall be filled as provided in subsection C of Section 10 of Title

51 of the Oklahoma Statutes. The special election called by the

Governor shall be subject to the following provisions:

1. A Special Primary, Runoff Primary and General Election shall

be held concurrently with the next available regularly scheduled

statewide Primary, Runoff Primary and General Election, and a

special candidate filing period shall be on the same dates as the

regular candidate filing period for those elections;

2. Provided, if a vacancy occurs in an even-numbered year on or

before March 1, then the special election, if necessary, shall be

held that same year in the manner provided in paragraph 1 of this

subsection. However, if the vacancy occurs after March 1 in an

even-numbered year, then the special election shall be held at the

next subsequent regularly scheduled statewide regular Primary,

Runoff Primary and General Elections;

3. Provided, if the vacant office is already scheduled to be

filled for a full term at the next available regularly scheduled

election, then no special election shall be called. In such case,

the candidate elected to the office at the regularly scheduled

election shall be deemed to also have been elected to fill the

Oklahoma Statutes - Title 26. Elections Page 133

vacancy and shall be eligible to assume the office upon the official

certification of the election by the State Election Board.

4. An irrevocable resignation shall occur when a member of the

United States Senate from Oklahoma provides a written letter of

resignation to the Secretary of State as provided in Section 12-119

of this title that serves notice of the Senate member's resignation

on a date certain.

D. The proclamation required by Section 12-102 of this title

shall serve as the Writ of Election described in this section.
Okla. Stat. tit. 26, § 26-14-118 — OK Code / Title 26 / Section 26-14-118
Transmission of ballots and materials to voters
Status: in_force

A. 1. When an application for an absentee ballot from a

uniformed-service voter or an overseas voter pursuant to Section 14-

142 of this title is received by the secretary of a county election

board, it shall be the duty of the secretary to transmit by United

States mail, by facsimile device as defined in Section 1862 of Title

21 of the Oklahoma Statutes, or as provided in subsection B of this

section the ballots which the elector has requested and is entitled

to receive.

2. When an application for an absentee ballot is received at

least forty-five (45) days before a regular election involving state

offices or a regular or special election involving federal offices,

the absentee ballot shall be transmitted by mail, by electronic

mail, or by other means of electronic communication, as provided in

this section, or by facsimile device as provided in Section 14-118.1

of this title, not less than forty-five (45) days preceding the

election.

3. When an application for an absentee ballot for a regular

election involving state offices or a regular or special election

involving federal offices is received less than forty-five (45) days

preceding the election, the absentee ballot shall be transmitted by

mail, by electronic mail, or by other means of electronic

communication, as provided in this section, or by facsimile device

as provided in Section 14-118.1 of this title, within forty-eight

(48) hours of receipt of the application.

4. When an application for an absentee ballot is received for a

special election involving state offices, the absentee ballot shall

be transmitted by mail, by electronic mail, or by other means of

electronic communication, as provided in this section, or by

facsimile device as provided in Section 14-118.1 of this title, as

soon as practicable preceding the date of the election.

B. The secretary of the county election board may transmit

balloting materials for any state or federal election, or for any

other election as designated by the Secretary of the State Election

Board as provided in subsection D of this section, by electronic

mail or by other means of electronic communication in a form and

manner prescribed by the Secretary of the State Election Board, if

the voter:

1. Is a Federal Post Card Application registrant and is

eligible to receive an absentee ballot as provided by law;

2. Provides an electronic mail address; and

3. Requests that balloting materials be sent by electronic

mail.

If the secretary of the county election board transmits a ballot

to a voter by electronic mail or by other means of electronic

communication as provided in this subsection, the secretary shall

Oklahoma Statutes - Title 26. Elections Page 167

amend the voter's federal postcard application for future elections

to include the voter's electronic mail address.

C. An electronic mail address provided under this section is

confidential and does not constitute public information for purposes

of the Oklahoma Open Records Act. The secretary of the county

election board shall ensure that an electronic mail address provided

under this section is excluded from disclosure.

D. The Secretary of the State Election Board shall determine if

balloting materials for any election other than a state or federal

election may be produced in a form which would allow them to be

transmitted by electronic mail or by other means of electronic

communication. If so, the Secretary shall so designate them. If

such designation is not made, the balloting materials may be

transmitted to the voter as provided in subsection A of this

section.

E. All other provisions of this title that would normally apply

to a ballot voted under this title apply to a ballot provided

pursuant to the provisions of subsection B of this section.

F. The Secretary of the State Election Board may suspend the

provisions of subsection B of this section if the Secretary

determines that electronic transmission of balloting materials is

not in the best interest of the people of this state due to a

potential problem with the security of the balloting materials.
Okla. Stat. tit. 26, § 26-14-121.1 — OK Code / Title 26 / Section 26-14-121.1
Replacement absentee ballots
Status: in_force

A registered voter whose application is on file and who lost or

did not receive absentee ballots may apply for a second set of

absentee ballots if more than seven (7) days have passed since the

ballots were transmitted to the voter by the county election board.

To receive a second set of ballots, the voter must swear or affirm

that the voter lost or did not receive the original set of ballots

for that election and that the voter will vote only one set of

ballots. The Secretary of the State Election Board shall prescribe

a form to be used for such application, although any written

application setting forth substantially the same facts shall be

valid. The written application for replacement ballots shall be

personally signed by the voter and acknowledged before a notary

public or witnessed as required on the affidavit for return of the

original absentee ballots, and may be transmitted to the county

election board in person by the voter, by United States mail or by

an agent designated by the voter. The person transmitting such

application on behalf of the voter may be anyone of the voter's

choosing at least sixteen (16) years of age, provided said person is

not employed by or related within the third degree of consanguinity

or affinity to any person whose name appears on the ballot. No

person may be the agent for more than one voter at any election.

Such second ballot set shall be transmitted by the voter to the

county election board in the same manner as provided in the original

set.
Okla. Stat. tit. 26, § 26-5-103 — OK Code / Title 26 / Section 26-5-103
Candidates filing with secretary of county election
Status: in_force

board.

Candidates for county office shall file Declarations of

Candidacy with the secretary of the county election board in the

county in which said candidates seek election.
Okla. Stat. tit. 26, § 26-7-101 — OK Code / Title 26 / Section 26-7-101
Employees to be allowed time to vote - Penalties
Status: in_force

A. Every corporation, firm, association or individual,

hereinafter referred to as "employer", who has a registered voter

employed or in service shall grant the employee two (2) hours of

time in which to vote, subject to the following provisions:

1. Such time to vote shall be allowed on the day of the

election or on a day on which in-person absentee voting is allowed

by law;

2. If such employee is at such distance from the voting place

that more than two (2) hours are required in which to attend such

elections, then the employee shall be allowed a sufficient time in

which to cast a ballot;

3. No such employee shall be entitled to such time to vote

unless the employee notifies orally or in writing an employer's

representative of the employee's intention to be absent at least

three (3) days preceding the day of the election or the day of in-

person absentee voting. Such employer may select the days and hours

which such employees are to be allowed to attend such elections, and

may notify each of the employees which days and hours he or she has

in which to vote. This section shall not apply to an employee whose

work day begins three (3) hours or more subsequent to the time of

opening of the polls, or ends three (3) hours or more prior to the

time of closing the polls. The employer may change the work hours

to allow such three (3) hours before the beginning of work or after

the work hours; and

4. Upon proof of voting, such employee shall not be subject to

any loss of compensation or other penalty for such absence.

B. Any employer who fails to comply with this section shall be

subject to a civil penalty of not less than Fifty Dollars ($50.00)

nor more than One Hundred Dollars ($100.00).
Okla. Stat. tit. 26, § 26-11-106 — OK Code / Title 26 / Section 26-11-106
Certification
Status: in_force

If a Declaration of Candidacy is filed, an election held, and no

contest thereto is filed, the State Election Board shall certify the

result to the Secretary of State by 5:00 p.m. Tuesday next following

the General Election. If a contest is filed, the result shall be

certified to the Secretary of State either when the contest is

determined or when it has been abandoned. If a decision by a

majority of those voting thereon is that the officer shall not be

retained in office, the Secretary of State shall immediately notify

the Governor and the Chair of the Judicial Nominating Commission of

the decision, stating the name and office of the officer, and that a

vacancy has occurred or is certain to occur, as is appropriate.
Okla. Stat. tit. 26, § 26-4-113 — OK Code / Title 26 / Section 26-4-113
Voter identification cards
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 57

A. The Secretary of the State Election Board shall devise a

voter identification card which shall be issued to every person who

becomes a registered voter in Oklahoma. The voter identification

card shall contain such information as is necessary to determine a

registered voter’s eligibility.

B. When a person registers to vote or changes his or her

registration in any manner to require a new voter identification

card, or upon the eighteenth birthday of a person who has submitted

a voter registration application pursuant to the provisions of

subsection B of Section 4-103 of this title, the county election

board secretary in the county of the voter’s residence shall

transmit the new voter identification card as acknowledgment of the

transaction which may be the notice required in Section 4-103.1 of

this title. New voter identification cards provided for in this

subsection shall be mailed to the physical address of the voter if

such address is valid to receive mail delivery; provided, however,

the voter identification card shall be transmitted to the mailing

address provided by the voter on his or her voter registration

application if the mailing type or physical address meets one of the

following exceptions:

1. The voter’s physical address of residence is not a valid

address to receive mail delivery. A valid address is one that

follows the correct standards and formatting of the United States

Postal Service. A valid address shall have a street name, street

number, city, state, and ZIP code. An invalid address is one that

has a directional address or unknown structure under standards of

the United States Postal Service or is otherwise not eligible to

receive mail delivery from the United States Postal Service;

2. The voter cannot receive mail delivery at a physical address

due to “No Mail Receptacle” according to the United States Postal

Service; or

3. The mailing of the voter identification card is the result

of an action initiated by the election board which may include

notification to the voter of changes to a polling place, district

lines, or precincts listed on the voter registration card.

C. 1. If a voter registration card is mailed to the voter’s

physical address and is returned to the election board by the postal

service due to “No Mail Receptacle”, the voter registration card may

be resent to the mailing address provided on the voter registration

application. A person whose voter identification card was returned

pursuant to this subsection may appear in person to request and be

provided the returned voter registration card at the county election

board by presenting proof of identity as described in subsection A

of Section 7-114 of this title.

2. Upon determination that a voter’s physical address of

residence cannot receive mail as described in paragraph 1 or 2 of

subsection B of this section, the secretary of the county election

Oklahoma Statutes - Title 26. Elections Page 58

board may make a notation of such information in the election

management system, and any future mailings under the voter’s current

voter registration may be mailed to the voter’s mailing address.

D. The Secretary of the State Election Board may promulgate

rules to implement the requirements of this section.
Okla. Stat. tit. 26, § 26-14-130 — OK Code / Title 26 / Section 26-14-130
Posting of lists
Status: in_force

The secretary of each county election board shall publicly post

a list of all voters by precinct who have requested absentee ballots

at the office of the county election board on the day preceding the

election.
Okla. Stat. tit. 26, § 26-16-104 — OK Code / Title 26 / Section 26-16-104
False notarization
Status: in_force

Any person, notary public or other official authorized to

administer oaths who notarizes, verifies, acknowledges or attests to

the signature on the affidavit of an absent voter or on the

attestation of an incapacitated voter, without the person whose

affidavit or attestation is being taken actually appearing in person

before said person, notary public or official authorized to

administer oaths, shall be deemed guilty of a Class D1 felony

offense.
Okla. Stat. tit. 26, § 26-1-106 — OK Code / Title 26 / Section 26-1-106
Determining dates
Status: in_force

In determining the date of any event pertaining to elections

which date is fixed by statute as occurring a certain number of days

before or after an election, neither the day of the election nor the

Oklahoma Statutes - Title 26. Elections Page 13

day of the event shall be counted. If the date set by law for an

event pertaining to an election falls on an official holiday, the

Secretary of the State Election Board shall have the authority to

move the event to a preceding business day or to the next succeeding

business day as appropriate for completion of the event.
Okla. Stat. tit. 26, § 26-6-104 — OK Code / Title 26 / Section 26-6-104
Ballots printed by county election board
Status: in_force

Each county election board shall cause ballots to be printed for

county, municipal, school or other local elections at such time as

to insure distribution of said ballots to the several precinct

election boards within each county prior to election day. Said

board shall cause ballots to be printed for offices in the order

they appear in the statutes. The county election board shall cause

a sufficient number of ballots to be printed for each precinct,

taking into account the highest percentage of registered voters

likely to vote in a given election based on historical experience

and other factors, but shall not necessarily require a ballot to be

printed for each registered voter.
Okla. Stat. tit. 26, § 26-8-121 — OK Code / Title 26 / Section 26-8-121
Disqualification mandatory
Status: in_force

It shall be mandatory, whenever a petition to disqualify is

filed by either party, for the district judge to disqualify himself.
Okla. Stat. tit. 26, § 26-14-108.1 — OK Code / Title 26 / Section 26-14-108.1
Notary public - Absentee ballots and affidavits
Status: in_force

A. Neither a notary public nor an agent working on behalf of a

notary public shall be authorized to:

1. Request absentee ballots on behalf of a voter other than

himself or herself;

2. Assist a voter in requesting absentee ballots, other than

for himself or herself or a member of his or her household;

3. Receive by mail an absentee ballot on behalf of a voter,

other than for himself or herself or a member of his or her

household; or

4. Submit a completed absentee ballot on behalf of a voter

other than for himself or herself.

B. A notary public shall maintain a log of all absentee ballot

affidavits that he or she notarizes for a period of at least two (2)

years after the date of the election.

C. 1. A notary public shall be authorized to notarize a

maximum of twenty absentee ballot affidavits for a single election,

except as provided in paragraphs 2 and 3 of this subsection.

2. A notary public may be authorized to notarize more than

twenty absentee ballot affidavits at a single election with the

Oklahoma Statutes - Title 26. Elections Page 156

written approval of the secretary of the county election board.

Such approval shall apply for affidavits notarized within the county

served by the county election board secretary.

3. The limitation required by this subsection shall not apply

to the notarizing of absentee ballot affidavits at the place of

business of a notary public that is open to the general public

during the normal business hours of the notary public.

D. 1. If more than ten absentee ballots for a single election

are requested to be mailed to a single mailing address, the

secretary of the county election board shall immediately notify the

district attorney for that county and the Secretary of the State

Election Board.

2. Upon receipt of such notification, the district attorney, or

a member of law enforcement designated by the district attorney,

shall investigate any possible criminal violation of the law related

to the absentee ballot requests.

3. Provided, this notification requirement shall not apply to

requests for absentee ballots to be sent to the addresses of nursing

homes, veterans centers, medical facilities, multiunit housing,

installations of the Armed Forces of the United States where

uniformed or overseas voters, as defined by the Uniformed and

Overseas Citizens Absentee Voting Act, are stationed or other

locations authorized in writing by the Secretary of the State

Election Board.

E. The provisions of this section shall only apply to an

election conducted by a county election board, the State Election

Board or a political subdivision of this state.
Okla. Stat. tit. 26, § 26-12-102 — OK Code / Title 26 / Section 26-12-102
Proclamation required
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, § 26-7-122 — OK Code / Title 26 / Section 26-7-122
Spoiled ballots
Status: in_force

Should a voter spoil any ballot in an effort to vote the same,

the voter shall fold the ballot and return it to the clerk. The

clerk shall destroy the ballot in the presence of the voter and

shall issue the voter another ballot in the same manner that the

first one was provided. The voter must execute an affidavit

Oklahoma Statutes - Title 26. Elections Page 100

prescribed by the Secretary of the State Election Board in which the

voter swears or affirms that he or she spoiled the original ballot,

returned the ballot to the clerk, that the clerk destroyed the

ballot in the voter’s presence and that the voter was issued a new

ballot.
Okla. Stat. tit. 26, § 26-1-110 — OK Code / Title 26 / Section 26-1-110
Changes in party affiliation
Status: in_force

A. The Secretary of the State Election Board shall, within

sixty (60) days after such proclamation by the State Election Board,

change to Independent the party affiliation in the Oklahoma Election

Management System of each registered voter of a political party

which ceases to be a recognized political party.

B. The Secretary of the State Election Board shall change to

Independent the party affiliation in the Oklahoma Election

Management System of each registered voter of a political

organization which ceases to be a political organization.
Okla. Stat. tit. 26, § 26-4-104 — OK Code / Title 26 / Section 26-4-104
Time and place of registration
Status: in_force

The secretary of each county election board and his assistant

secretary and other designated employees shall be authorized to

register voters at any place within the county during the time

prescribed by law.
Okla. Stat. tit. 26, § 26-2-118 — OK Code / Title 26 / Section 26-2-118
Compensation of secretaries
Status: in_force

A. 1. Except as provided by subsection C of this section the

secretary of each county election board shall be paid an annual

salary to be determined by the following schedule. However, the

salary of a county election board secretary shall not fall below the

level of the April 30, 2003, salary, and the salary of any person

who is reappointed to the position of county election board

secretary shall not fall below the salary received in the

Oklahoma Statutes - Title 26. Elections Page 23

immediately preceding term, regardless of the number of active

registered voters in the county. A county election board secretary

shall not receive a salary increase while the county is under the

administrative supervision of the State Election Board.

2. Beginning May 1, 2007, and ending April 30, 2019, the annual

salary, payable monthly shall be:

Registered Voters Salary

0 to 10,000 $22,667.69

10,001 to 15,000 $23,507.68

15,001 to 17,500 $27,565.07

17,501 to 25,000 $30,901.43

25,001 to 50,000 $37,639.29

50,001 to 75,000 $47,433.39

75,001 to 150,000 $53,141.82

150,001 or more $58,845.15

3. Beginning May 1, 2019, and ending April 30, 2023, the annual

salary, payable monthly shall be:

Registered Voters Salary

0 to 10,000 $26,295.00

10,001 to 15,000 $27,269.00

15,001 to 17,500 $31,975.00

17,501 to 25,000 $35,846.00

25,001 to 50,000 $43,662.00

50,001 to 75,000 $55,023.00

75,001 to 150,000 $61,645.00

150,001 or more $68,260.00

4. Beginning May 1, 2023, the annual salary, payable monthly

shall be:

Registered Voters Salary

0 to 10,000 $30,000.00

10,001 to 15,000 $31,087.00

15,001 to 17,500 $36,452.00

17,501 to 25,000 $40,864.00

25,001 to 50,000 $49,774.00

50,001 to 75,000 $62,726.00

75,001 to 150,000 $70,275.00

150,001 or more $77,817.00

B. The salary and fringe benefits paid to each secretary shall

be paid from county funds on a monthly basis and shall be reimbursed

from funds appropriated by the Legislature for that purpose at a

rate of not to exceed one hundred thirty-five percent (135%) of the

above-specified salaries. Claims for reimbursement shall be filed

according to procedures prescribed by the Secretary of the State

Election Board and approved by the Director of the Office of

Management and Enterprise Services. Claims for reimbursement shall

only be paid for actual expenditures made by the county. The number

of registered voters, for the purposes of this section, shall be

Oklahoma Statutes - Title 26. Elections Page 24

determined by the number of registered voters, excluding inactive

voters, in the county on January 1 of each odd-numbered year.

C. The provisions of this section shall not preclude a county

from providing additional compensation, payable from county funds,

to the secretary of the county election board; provided, any such

additional compensation shall not be considered part of the

secretary's salary, and shall not be reimbursed by the State

Election Board.
Okla. Stat. tit. 26, § 26-6-117 — OK Code / Title 26 / Section 26-6-117
Sample ballots
Status: in_force

Sample ballots for all elections conducted by any county

election board shall be prepared as prescribed by the Secretary of

the State Election Board and the words "Sample Ballot" shall be

printed on the face of the ballot. Sample ballots shall be printed

in a sufficient number to be used at each precinct polling place and

as otherwise provided by law.
Okla. Stat. tit. 26, § 26-13A-103 — OK Code / Title 26 / Section 26-13A-103
Election dates - Special elections
Status: in_force

A. 1. The general election of members of the board of

education of every school district and technology center school

district shall be conducted on the first Tuesday of April of each

year.

2. The primary election of members of the board of education of

every school district and technology center school district, if

necessary, shall be conducted on the second Tuesday in February of

each year, except in any year when a Presidential Preferential

Primary is held in February, then the election shall be held on the

same day as the Presidential Preferential Primary.

3. If only two candidates qualify to have their names appear on

the ballot, the names of both candidates shall appear on the ballot

at the board of education general election.

4. If more than two candidates qualify to have their names

appear on the ballot, the names of all such candidates shall appear

on the ballot at the board of education primary election. A

candidate receiving more than fifty percent (50%) of the votes cast

in the board of education primary election shall be elected to the

office. If no candidate receives more than fifty percent (50%) of

the votes cast in the board of education primary election, then the

two candidates with the highest number of votes shall appear on the

ballot at the board of education general election.

Oklahoma Statutes - Title 26. Elections Page 145

B. Elections on the question of making a levy or levies for

schools under Section 9, Section 9B or Section 10 of Article X of

the Oklahoma Constitution shall be held on the second Tuesday in

February of each year, except in any year when a Presidential

Preferential Primary is held in February, then the election shall be

held on the same day as the Presidential Preferential Primary.

C. The board of education of every school district or

technology center school district may call a special election for

the purpose of voting on any matter or question authorized by law.
Okla. Stat. tit. 26, § 26-3-123 — OK Code / Title 26 / Section 26-3-123
Board to provide polling places
Status: in_force

The board of education of any school district may, and the

governing board of any municipality shall, furnish a room or rooms

in any school building or municipal building for use as a polling

place at no cost.
Okla. Stat. tit. 26, § 26-16-105 — OK Code / Title 26 / Section 26-16-105
Fraud
Status: in_force

A. Any person who knowingly conspires to commit fraud or

perpetrates fraud, or who steals supplies used to conduct an

election, in order to change a voter's vote, or to change the

Oklahoma Statutes - Title 26. Elections Page 185

composition of the official ballot or ballots, or to change the

counting of the ballots, or to change the certification of the

results of an election, shall be deemed guilty of a Class D1 felony

offense.

B. At every precinct there shall be posted information,

provided by the State Election Board, which states the penalties for

voter fraud and states that, if voter fraud is suspected, complaints

should be reported to the State Election Board.

C. The State Election Board shall, upon receiving the

complaint:

1. Document such complaint and request the name and mailing

address of the person making the complaint;

2. Send a letter to the person making the complaint, stating

the penalties for voter fraud and the option of contacting the

district attorney in the county where such fraud is suspected; and

3. Provide the district attorney’s name and phone number.

D. All information relating to voter complaints shall remain

confidential until after the complaint has resulted in a conviction

or a plea of guilty or nolo contendere.
Okla. Stat. tit. 26, § 26-6-108 — OK Code / Title 26 / Section 26-6-108
Order of names for absentee ballots for runoff primary
Status: in_force

The candidate receiving the highest number of votes for each

office in the Primary Election whose name is required by law to be

placed on the Runoff Primary Election ballot shall have his name

placed first on absentee ballots for said Runoff Primary Election.
Okla. Stat. tit. 26, § 26-4-112 — OK Code / Title 26 / Section 26-4-112
Registration applications
Status: in_force

A. The Secretary of the State Election Board shall devise and

distribute a registration application form to be used for

registering voters. Such registration application shall contain the

following information:

1. The applicant's full name and date of birth, county and

place of residence, and mailing address pursuant to the provisions

of subsection G of this section;

2. A space or section to designate a political party recognized

by the laws of the State of Oklahoma with which the applicant

chooses to be affiliated;

3. The Oklahoma driver license or identification card number if

the applicant has been issued a current and valid driver license or

identification card by Service Oklahoma, or if the applicant does

not have a valid Oklahoma driver license or identification card, the

last four digits of the voter's Social Security number;

4. An oath of the eligibility of the applicant to become a

registered voter; and

5. Such other information as may be deemed necessary by the

Secretary to identify such applicant and to ascertain his or her

eligibility.

B. A voter registration application shall be signed by the

applicant in writing. The applicant shall personally subscribe his

or her name to or make his or her mark on the application, and no

agent, representative or employee of the applicant may sign or mark

on the applicant's behalf. The signature or mark must be the

original, handwritten signature, autograph or mark of the applicant.

No facsimile, reproduction, typewritten or other substitute

signature, autograph or mark will be valid. Notwithstanding any law

to the contrary, the Secretary of the State Election Board shall

prescribe procedures to authorize any person incapable of personally

making a mark to complete a voter registration application with

assistance of an official of any voter registration agency or

licensed operator specified in Sections 4-109.2 and 4-109.3 of this

title. Provided, for applications submitted electronically, in lieu

of the signature requirements set forth in this subsection, the

applicant shall consent to the use of his or her driver license or

Oklahoma Statutes - Title 26. Elections Page 56

identification card signature as provided in Section 4-109.4 of this

title.

C. Persons who do not indicate a recognized political party or

political organization on their registration application shall be

designated as Independents.

D. Any person may apply in writing to the Secretary of the

State Election Board for permission to print, copy or otherwise

prepare and distribute the registration applications designed by the

Secretary of the State Election Board. The Secretary may revoke any

such permission at any time.

E. All registration applications shall be distributed to the

public at no charge.

F. The Secretary also shall prescribe procedures to accept and

use the National Mail Voter Registration Form, or its successor, as

required by the National Voter Registration Act of 1993. Provided,

to be accepted as a valid voter registration application, the form

shall include the applicant's original, handwritten signature,

autograph or mark as described in subsection B of this section.

G. Applicants for voter registration or for change of voter

registration in any way shall provide a residence address and, if

different from the residence address, a mailing address. A

residence address shall include the street address of the residence,

including a full house number, street name or number, apartment or

suite number, if applicable, and zip code. If a street address is

not available for the residence, applicants shall provide such

information as the Secretary of the State Election Board deems

necessary for voter registration purposes. A post office box may

not be given as a residence address. A mailing address, which shall

include the city and zip code, may be the actual emergency

notification or 911 address on file in the local community, a rural

route and box number, a post office box number or a street address.

H. A full or partial Social Security number or driver license

number in a voter registration record or a voter registration

application shall not be considered a public record and shall be

kept confidential by the State Election Board and each county

election board.
Okla. Stat. tit. 26, § 26-10-105 — OK Code / Title 26 / Section 26-10-105
Ballots
Status: in_force

A. At any General Election in which Presidential Electors are

to be elected, the State Election Board shall provide ballots on

which the names of the Presidential Electors of each political party

shall be printed adjacent to the names of the party's candidates for

President and Vice President. The names of the Independent nominees

for Presidential Electors shall be printed adjacent to the names of

the candidates for President and Vice President for whom they have

subscribed an oath to cast their ballots or printed adjacent to the

word "Uncommitted" in the event the nominees are uncommitted. The

ballots shall, in all other respects, have the appearance of ballots

used for state officers.

B. Provided, the Secretary of the State Election Board shall

have the authority to print only the names of the candidates for

President and Vice President of the United States on the ballot and

cause to be printed a supplemental list of the nominees for

Presidential Electors described in subsection A of this section. In

such a case, a list of the nominees for Presidential Electors may be

conspicuously displayed or posted in each voting booth or otherwise

made available to each voter.
Okla. Stat. tit. 26, § 26-6-106 — OK Code / Title 26 / Section 26-6-106
Manner of printing ballot cards for general election
Status: in_force

The official ballot for the General Election shall be printed so

that the nominees of the various political parties and nonpartisan

candidates will appear in order as determined according to this

section. For each section of the ballot for which there are

partisan candidates, the candidates of the recognized parties shall

be printed first in lot order followed by candidates of unrecognized

parties in lot order followed by independent candidates in lot

order. Candidates of recognized and unrecognized parties shall be

printed in the lot order of their respective party. Each political

party shall have the right to select an emblem to be used in

designating its candidates on the ballot; provided, however, that no

party shall be allowed to use the coat of arms or seal of Oklahoma

or of the United States, or the respective flags thereof. Until

changed by resolution of a political party, in state convention, the

emblem of the Democratic party shall be a rooster and that of the

Republican party an eagle. Change in a party emblem shall be

authorized by the Secretary of the State Election Board only after

receipt of written notice of the change by the Secretary from the

state central committee of a party. At the top of each ballot on

Oklahoma Statutes - Title 26. Elections Page 84

which there are partisan candidates shall appear the name of each

recognized party with the emblem of the party in lot order as

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

of the office entitled to the first place, preceded by the word

"for", shall appear in bold type, as "For Governor". Immediately

after same shall be the names of the nominees for such office

printed with the name of the nominee's party followed by candidates

who file as Independents for such office printed with the word

"Independent". The list shall be continued, naming the officers in

the order in which they are set out by the Constitution and

statutes, until all the nominees are given space. The sections of

the ballot shall be set off with well-defined lines or by other

means as prescribed by the Secretary of the State Election Board.
Okla. Stat. tit. 26, § 26-14-115.4 — OK Code / Title 26 / Section 26-14-115.4
In-person absentee voting
Status: in_force

A. 1. A registered voter may apply for an in-person absentee

ballot at a location designated by the secretary of the county

election board from:

a. 8 a.m. to 6 p.m. on the Thursday and Friday

immediately preceding any election conducted by a

county election board,

b. 8 a.m. to 2 p.m. on the Saturday immediately preceding

a General Election, Primary Election, Runoff Primary

Election or Presidential Preferential Primary Election

as described in Sections 1-101, 1-102, 1-103 and 20-

101 of this title, and

c. 8 a.m. to 6 p.m. on the Wednesday immediately

preceding a General Election as described in Section

1-101 of this title.

2. As part of the application for an in-person absentee ballot

such registered voter shall swear or affirm that the voter has not

voted a regular mail absentee ballot and that the voter will not

vote at the regular polling place in the election for which the in-

person absentee ballot is requested.

3. The secretary of the county election board in counties with

twenty-five thousand (25,000) or more registered voters, or with an

area in excess of one thousand five hundred (1,500) square miles,

may designate more than one location as an in-person absentee

polling place for an election, subject to the approval of and

pursuant to the procedures prescribed by the Secretary of the State

Election Board.

B. 1. The voter also shall provide proof of identity as

defined in Section 7-114 of this title. If the voter declines to or

is unable to produce proof of identity, the voter may sign a

statement under oath, in a form approved by the Secretary of the

State Election Board, swearing or affirming that the person is the

person identified on the precinct registry, and shall be allowed to

cast a provisional ballot as provided in Section 7-116.1 of this

title.

2. False swearing or affirming under oath shall be punishable

as a felony as provided in Section 16-103 of this title, and the

penalty shall be distinctly set forth on the face of the statement.

C. One or more absentee voting boards shall be on duty at the

in-person absentee polling place on the days and during the hours

set forth in subsection A of this section. If the secretary of a

county election board receives an application from a registered

voter requesting to vote by in-person absentee ballot the secretary

shall cause to be implemented the following procedures:

1. An absentee voting board shall provide to each registered

voter who applies for an in-person absentee ballot appropriate

ballots and materials as may be necessary to vote;

Oklahoma Statutes - Title 26. Elections Page 162

2. The voter must sign an in-person absentee voter record, and

the signature of the voter on such record must be certified by both

members of the absentee voting board, except that the secretary of

the county election board and one other member of the absentee

voting board may certify the signature of another member of the

absentee voting board;

3. The voter must mark the ballots of the voter in the manner

provided by law in the presence of the absentee voting board, but in

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

voter to ascertain how such ballots are marked. Insofar as is

possible, the voting procedure shall be the same as if the voter

were casting a vote in person at a precinct;

4. The voter shall then deposit the ballot in a voting device

designated for in-person absentee voting by the secretary of the

county election board;

5. When the in-person polling place is closed on each day of

in-person absentee voting the in-person absentee voting board shall,

without obtaining a printout of results, remove the electronic

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 electronic results storage media shall be

sealed in a container prescribed by the Secretary of the State

Election Board. The sheriff shall secure the sealed electronic

results storage media container and return it to the in-person

absentee voting board no later than 7:45 a.m. on the next day of in-

person absentee voting or to the secretary of the county election

board at the time of the county election board meeting to count

absentee ballots on election day; and

6. If there is a malfunction in such a way that the electronic

results storage media used for in-person absentee voting will not

function, the sheriff is authorized to return the transfer cases

containing in-person absentee ballots to the county election board

to be recounted as provided in Section 7-134.1 of this title.
Okla. Stat. tit. 26, § 26-14-105 — OK Code / Title 26 / Section 26-14-105
Voters absent from county on election day - Application
Status: in_force

for ballot.

A. Any registered voter may apply for an absentee ballot in

person at the county election board, by United States mail, by

facsimile device as defined in Section 1862 of Title 21 of the

Oklahoma Statutes or by a means of electronic communication

designated by the Secretary of the State Election Board. The

Secretary of the State Election Board shall prescribe a form to be

used for the application, although any application setting forth

substantially the same facts shall be valid.

B. 1. A registered voter applying for an absentee ballot by

means of electronic communication shall provide his or her name,

birth date, an identification number, and other information as may

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

name, birth date, and identification number provided on the

application must match the name, birth date, and identification

number in the voter registration record in order to apply for an

absentee ballot pursuant to this subsection.

2. If the voter does not recall which identification number he

or she included in the voter registration record, the voter may

provide multiple identification numbers, at least one of which must

Oklahoma Statutes - Title 26. Elections Page 153

match the identification number in the voter registration record if

such record included an identification number. If the name, birth

date, or any identification number provided does not match the voter

registration record, the voter shall be informed of the failure to

match the voter registration record and shall be provided

information and instruction to contact the county election board.

3. If the voter registration record on file with the county

election board does not contain a birth date or identification

number, the voter shall not be eligible to apply for an absentee

ballot by means of electronic communication but may apply for an

absentee ballot pursuant to subsection C of this section.

4. Identifying information such as birth date and

identification number shall not be modified online in an existing

voter registration except as provided in Section 4-109.4 of this

title.

5. No later than January 1, 2023, a registered voter applying

for an absentee ballot pursuant to this subsection who meets the

criteria provided in Section 7-115.1 of this title shall be required

to confirm his or her address prior to submitting an application for

absentee ballot by means of electronic communication.

C. 1. A registered voter applying for an absentee ballot in

person, by United States mail, or by facsimile device shall provide

his or her name, birth date, an identification number, and other

information as may be prescribed by the Secretary of the State

Election Board. The name, birth date, and identification number

provided on the application must match the name, birth date, and

identification number in the voter registration record.

2. If the voter does not recall which identification number he

or she included in the voter registration record, the voter may

provide multiple identification numbers, at least one of which must

match the identification number in the voter registration record if

such record included an identification number. If the voter

registration record does not contain a birth date or an

identification number, the absentee ballot application shall be

accepted without a match of a birth date or an identification

number.

D. For purposes of this section, "identification number" means

a number submitted on the registration application pursuant to

paragraph 3 of subsection A of Section 4-112 of this title.
Okla. Stat. tit. 26, § 26-2-132 — OK Code / Title 26 / Section 26-2-132
Disqualification as board member or precinct official
Status: in_force

A. 1. No person shall serve as a secretary of a county

election board, or as a member or alternate member of a county

election board, or as a member of an absentee voting board, or as a

precinct official, at any election in which he or she is a candidate

for office, or is a deputy or regular employee of a candidate for

office.

2. Any person so disqualified shall resign the office or

position no later than ten (10) days following the close of the

filing period during which such candidacy was filed. In the event a

precinct election official or an absentee voting board member is so

disqualified, it shall be the duty of the secretary of the county

election board to appoint a suitable replacement for the affected

election.

B. 1. No person shall serve as a precinct official at any

election in which he or she is related within the second degree by

either consanguinity or affinity to a candidate for office on the

ballot in the precinct.

2. No person shall serve on an absentee voting board at any

election in which he or she is related within the second degree by

either consanguinity or affinity to a candidate for office on the

ballot in the county.

3. In the event a person described herein is so disqualified,

it shall be the duty of the secretary of the county election board

to appoint a suitable replacement for the official for that

election.

C. No person shall serve as a member, alternate member or

secretary of a county election board at any election in which he or

she is related within the second degree by either consanguinity or

affinity to a candidate for office on the ballot in the county. In

the event a secretary of a county election board is so disqualified,

the Secretary of the State Election Board may designate a suitable

temporary replacement for that election.
Okla. Stat. tit. 26, § 26-2-127 — OK Code / Title 26 / Section 26-2-127
Duties of precinct officials
Status: in_force

Precinct officials shall perform such duties as may be

prescribed by law. The Secretary of the State Election Board may

prescribe procedures regarding the duties of precinct officials.
Okla. Stat. tit. 26, § 26-12-109 — OK Code / Title 26 / Section 26-12-109
General laws apply — Assumption of duties of office
Status: in_force

Said elections shall be conducted under the laws applicable to

regular Primary, Runoff Primary, and General Elections. Unless

otherwise provided by law, the candidate elected to the office shall

immediately assume the duties of said office upon the certification

of the election by the State Election Board.
Okla. Stat. tit. 26, § 26-11-104 — OK Code / Title 26 / Section 26-11-104
No filing fee
Status: in_force

No fee shall be charged by the Secretary of State for the filing

of a Declaration of Candidacy. If such a Declaration is filed by

one of the above judicial officers, the Secretary of State shall

immediately notify the Secretary of the State Election Board of the

name and office of the officer who filed the Declaration, and the

State Election Board shall cause the necessary ballots to be

prepared.
Okla. Stat. tit. 26, § 26-11-109 — OK Code / Title 26 / Section 26-11-109
Retention ballots
Status: in_force

Ballots for retention of Justices of the Supreme Court and

Judges of the Court of Criminal Appeals and the Court of Appeals

shall be printed in the same manner as other ballots for the General

Election, except as hereinafter provided. Near the top of the

ballot shall be printed the following words: "NOTICE TO VOTER: Vote

separately on each justice or judge; they are not running against

each other." Below said words shall appear the office number, as

reflected by the numbers of the districts from which said Justices

or Judges were appointed, and this question: "Shall (Here insert

name of Justice or Judge) of (Here insert the title of the court) be

retained in Office?" Said question shall be followed by the words

"YES" and "NO", one above the other.
Okla. Stat. tit. 26, § 26-12-110 — OK Code / Title 26 / Section 26-12-110
Term
Status: in_force

The successful candidate shall serve the remainder of the

unexpired term.
Okla. Stat. tit. 26, § 26-4-120.4 — OK Code / Title 26 / Section 26-4-120.4
Convicted felons - Cancellation of registration -
Status: in_force

Liability.

A. The Secretary of the State Election Board shall accept

written notice from the United States Attorney of persons convicted

of felonies in a district court of the United States. The Secretary

of the State Election Board shall cause the voter registrations of

persons listed in the written notice to be cancelled in the county

of the person’s residence and shall notify the secretary of the

appropriate county election board of the cancellation.

B. The court clerk in each county shall prepare a list monthly

of all persons convicted in the county of a felony and shall

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

The list shall include information necessary to identify a person on

the list as a registered voter prescribed by the Secretary of the

State Election Board. The secretary shall cancel the registration

of registered voters in the county included on the list. The

secretary of the county election board shall forward the names of

any persons on the list who are not residents of the county to the

Secretary of the State Election Board. The Secretary of the State

Election Board shall cause the voter registrations of persons from a

list who are forwarded to the Secretary to be cancelled in the

county of the person’s residence.

C. The Secretary of the State Election Board, secretaries of

county election boards, and their agents and employees shall not be

held civilly liable for any action taken based upon information

concerning felony convictions received from a United States Attorney

or a county court clerk pursuant to subsections A and B of this

section if a reasonable effort was made to make an accurate match of

Oklahoma Statutes - Title 26. Elections Page 66

the information provided with voter registration records before

canceling any voter’s registration.
Okla. Stat. tit. 26, § 26-13A-111 — OK Code / Title 26 / Section 26-13A-111
Costs of elections
Status: in_force

A. At elections held concurrently with county and state

elections, the board of education of every school district and

technology center school district shall reimburse the county

Oklahoma Statutes - Title 26. Elections Page 150

election board only for those costs exclusively attributable to the

district.

B. At elections not held concurrently with county and state

elections, the board of education of every school district and

technology center school district shall reimburse the county

election board for all costs of the election. If more than one

entity holds an election concurrently, then costs shall be assessed

proportionately.
Okla. Stat. tit. 26, § 26-14-115.12 — OK Code / Title 26 / Section 26-14-115.12
XXX
Status: in_force

A. 1. A registered voter who swears or affirms that the voter

is physically unable to vote in person at the voter's precinct on

the day of the election because the voter is a blind person, as

defined by Section 72 of Title 7 of the Oklahoma Statutes, may

request that an accessible absentee ballot be delivered to the voter

electronically in a manner prescribed by the Secretary of the State

Oklahoma Statutes - Title 26. Elections Page 165

Election Board. A system for electronic delivery of absentee

ballots to voters who are blind persons may include the same or

similar requirements as the electronic delivery system authorized

for uniformed services voters as set forth in Section 14-118 of

Title 26 of the Oklahoma Statutes.

2. An accessible absentee voting packet for voters who are

blind persons, which shall include all necessary materials except

the absentee ballot, shall be prescribed by the Secretary of the

State Election Board. The accessible absentee voting packet may be

delivered to the voter by United States mail or electronically.

B. 1. The electronic delivery system may provide the voter the

opportunity to use the voter's personal computer to mark an

accessible absentee ballot privately and independently and then

print the marked ballot.

2. The absentee ballot shall be accompanied by an absentee

ballot affidavit, which shall be executed in the same manner as

provided for affidavits in Section 14-113.2 of Title 26 of the

Oklahoma Statutes.

3. The voter shall return the absentee ballot and executed

affidavit to the secretary of the county election board in the same

manner provided in Section 14-113.2 of Title 26 of the Oklahoma

Statutes. Nothing in this section shall allow for an absentee

ballot to be returned to the county election board electronically,

and no absentee ballot returned electronically shall be eligible to

be counted by a county election board.

C. A registered voter who is a blind person, as defined by

Section 72 of Title 7 of the Oklahoma Statutes, may choose to

request the assistance of another person to complete any

requirements of this section, as provided in Section 7-123.3 of

Title 26 of the Oklahoma Statutes.

D. Upon return of an absentee ballot described in this section,

the secretary of the county election board shall cause it to be

processed in the same manner as prescribed by law for other absentee

ballots.

E. Any person who is not qualified for the electronic delivery

of an absentee ballot as provided in this section, but who applies

for an absentee ballot described in this section, shall be deemed

guilty of a felony as provided in Section 16-102.2 of Title 26 of

the Oklahoma Statutes.

F. The Secretary of the State Election Board may promulgate

rules or procedures to implement the requirements of this section.
Okla. Stat. tit. 26, § 26-13-109 — OK Code / Title 26 / Section 26-13-109
Copy of charter required
Status: in_force

Municipalities operating under a charter form of government

shall be required to furnish a copy of said charter, as it applies

Oklahoma Statutes - Title 26. Elections Page 143

to conduct of elections, to the county election board of the county

wherein said municipality's central offices are located. Any

changes in a charter, as it applies to conduct of elections, shall

be provided immediately to the appropriate county election board.
Okla. Stat. tit. 26, § 26-20-103 — OK Code / Title 26 / Section 26-20-103
Primary election statutes applicable
Status: in_force

Except as provided for in this act, the provisions of Title 26

of the Oklahoma Statutes relating to primary elections shall apply

to Presidential Preferential Primary elections.
Okla. Stat. tit. 26, § 26-10-103 — OK Code / Title 26 / Section 26-10-103
Election of Presidential Electors
Status: in_force

On the first Tuesday after the first Monday in November in each

year next preceding the expiration of the term of office of each

President of the United States, the registered voters of this state

shall elect a number of electors for President and Vice President

equal to the number of United States Senators and United States

Representatives which the state is entitled to elect. Said electors

shall be elected in the same manner as is provided for state

officers.
Okla. Stat. tit. 26, § 26-5-116 — OK Code / Title 26 / Section 26-5-116
Withdrawals from runoff primary
Status: in_force

A candidate in a Runoff Primary Election may withdraw as a

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

candidate with the secretary of the election board which accepted

said candidate's declaration of candidacy. Said notice shall be

signed by the candidate or the lawfully appointed personal

representative or a lawfully appointed special administrator of any

deceased candidate, whose signature shall be notarized by a notary

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

following the date of the Primary Election.
Okla. Stat. tit. 26, § 26-5-111 — OK Code / Title 26 / Section 26-5-111
Declaration of candidacy forms
Status: in_force

A. Forms to be used for filing Declarations of Candidacy shall

be prescribed by the Secretary of the State Election Board and shall

contain the following information:

1. The name of the candidate as it shall appear on the ballot;

2. The legal name of the candidate;

3. The candidate’s place of residence and mailing address,

which shall be kept confidential as provided in subsection B of this

section;

4. The name of the office sought;

5. The candidate’s date of birth;

Oklahoma Statutes - Title 26. Elections Page 74

6. The party affiliation of the candidate seeking political

party nomination;

7. The precinct and county wherein the candidate is a

registered voter;

8. A voter registration verification form as provided in

subsection C of this section;

9. An oath wherein the candidate swears or affirms that he or

she is qualified to become a candidate for the office sought, and

that, if elected, the candidate will be qualified to hold the

office; and

10. Any additional information which the Secretary deems

necessary.

B. The address of residence and the mailing address of a

candidate provided on a Declaration of Candidacy shall be verified

by the secretary of the election board with whom the Declaration was

filed and shall be kept confidential; provided, however, such

address information shall be provided to a candidate, candidate

representative, or other lawful authority in anticipation of or as

part of a contest of candidacy or contest of an election as provided

for in this title or as part of a petition challenge as provided by

law.

C. 1. Prior to filing a Declaration of Candidacy, a candidate

shall obtain a voter registration verification form from the

secretary of the election board with whom the candidate is required

to file. The candidate shall provide the form with the Declaration

of Candidacy.

2. A voter registration verification form shall include:

a. the candidate’s name, date of birth, address of

residence, party affiliation, voter identification

number, the precinct and county where the candidate is

registered, and the original date of voter

registration within the county, if available, and

b. the districts in which the candidate is registered to

vote including but not limited to state senator and

representative, county commissioner, school and

technology center, and municipality. If applicable, a

ward or member district shall be included for the

school or technology center district or municipality.

3. The secretary of the election board with whom the candidate

is required to file shall only accept a Declaration of Candidacy if

the information contained on the voter registration verification

form matches the information provided on the Declaration of

Candidacy, and if such Declaration meets all other requirements of

state law.

4. The provisions of this subsection shall not apply to

candidates for federal office.

Oklahoma Statutes - Title 26. Elections Page 75

5. The Secretary of the State Election Board shall prescribe

the voter registration verification form required by this

subsection.

D. If the candidate has ever been ultimately determined by a

court of proper authority to be guilty of an offense specified in

subsection A of Section 5-105a of this title or at the time of

filing the Declaration of Candidacy is named in an outstanding

warrant for arrest for such an offense, in this or any other state,

the candidate shall provide the following information on a form

prescribed by the Secretary of the State Election Board:

1. The name of the offense;

2. The date of conviction or issuance of the outstanding

warrant; and

3. The county and state of conviction or issuance of the

outstanding warrant.

The provisions of this subsection shall not apply to an offense

for which the candidate has received a pardon.

E. A Declaration of Candidacy form must be signed by the

candidate, and the signature must be properly notarized by a notary

public or other person authorized by law to administer oaths.

F. In addition to the information required by this section, a

candidate may include a telephone number, email address and website

address. Such additional information shall not be required of any

candidate but if provided shall be made available to the public.
Okla. Stat. tit. 26, § 26-5-126 — OK Code / Title 26 / Section 26-5-126
Hearing of contest
Status: in_force

The petition may be heard without formal pleadings being filed

in answer or reply thereto. The election board with whom the

petition is filed shall have the authority to issue subpoenas and

compel the attendance of witnesses and the production of evidence.

Such election board shall have the authority to receive the

testimony of witnesses under oath, said oath to be administered by

Oklahoma Statutes - Title 26. Elections Page 80

the secretary of the board. At the conclusion of the hearing, the

board shall render its decision and the vote of the individual

members in writing. The decision of such board shall in all cases

be final.
Okla. Stat. tit. 26, § 26-4-117 — OK Code / Title 26 / Section 26-4-117
Change of name or of residence within same county
Status: in_force

If a registered voter of a county has changed name or residence

within the same county, and has not executed a transfer as

hereinbefore provided, the voter shall be entitled to a change upon

executing an application on a form to be prescribed by the Secretary

of the State Election Board and presenting such form along with the

voter identification card or other proof of identity as described in

Section 7-114 of this title to the inspector of the precinct in

which the voter is registered or to a member of an in-person

absentee voting board of the county in which the voter is registered

on the day of the next ensuing election or of in-person absentee

voting. Upon doing so, such registered voter shall be permitted to

vote on the ballots of such precinct, and only of such precinct, for

the election being conducted on that day only. The inspector or in-

person absentee voting board member shall deliver such form to the

secretary of the county election board, who shall change the

registration in the manner prescribed by the Secretary of the State

Election Board.
Okla. Stat. tit. 26, § 26-14-102 — OK Code / Title 26 / Section 26-14-102
Designation of absentee ballot
Status: in_force

Absentee ballots shall not be authorized for any other election,

unless specifically provided for by law.
Okla. Stat. tit. 26, § 26-12-114 — OK Code / Title 26 / Section 26-12-114
General laws apply
Status: in_force

Said elections shall be conducted under the laws applicable to

regular Primary and General Elections, except that the candidate

receiving the highest number of votes in said Primary Election shall

be deemed the nominee of his political party, provided that the

dates of the elections do not coincide with the dates for the

regular Primary, Runoff Primary and General Elections. If the

nominee of a political party is unopposed in the Special Election,

he shall be issued a certificate of election after the expiration of

the contest period following the Primary or Runoff Primary Election,

if no contest is filed, and shall immediately assume the duties of

said office.
Okla. Stat. tit. 26, § 26-14-114 — OK Code / Title 26 / Section 26-14-114
Elector confined to nursing facility outside county
Status: in_force

If the secretary of a county election board receives such a

request from an incapacitated elector confined to a nursing

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

Statutes, outside the county of jurisdiction of the secretary, the

secretary shall provide ballots and materials by mail in the manner

hereinbefore prescribed. Requirements for matching of name, birth

date, and identification number established pursuant to Section 14-

105 of this title shall apply to applications for absentee ballots

under this section.
Okla. Stat. tit. 26, § 26-1-103 — OK Code / Title 26 / Section 26-1-103
Runoff primary election
Status: in_force

If at any Primary Election no candidate for the nomination for

office of any political party receives a majority of all votes cast

for all candidates of such party for the office, no candidate shall

be nominated by such party for the office, but the two candidates

receiving the highest number of votes at such election shall be

placed on the official ballot as candidates for such nomination at a

Runoff Primary Election to be held on the fourth Tuesday of August

in the same year. No county, municipality or school district shall

schedule an election on any date during the twenty (20) days

immediately preceding the date of any such Runoff Primary Election.
Okla. Stat. tit. 26, § 26-2-128.2 — OK Code / Title 26 / Section 26-2-128.2
Additional workers
Status: in_force

When authorized by the Secretary of the State Election Board,

the secretary of the county election board may employ additional

precinct board employees to assist the precinct election board

members with specific tasks. Such additional workers, when

authorized and employed, shall be compensated at the same rate as

the judge and clerk.
Okla. Stat. tit. 26, § 26-3-125 — OK Code / Title 26 / Section 26-3-125
Oaths of office
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 44

All persons appointed as members of the State Election Board or

a county election board shall, before entering upon the duties of

their offices, take and subscribe to the oath of office prescribed

by the Constitution for state and county officers. Said oaths shall

be retained in the office of the Clerk of the Supreme Court, with

regard to members of the State Election Board, and in the office of

the county clerk, with regard to members of a county election board.
Okla. Stat. tit. 26, § 26-14-122 — OK Code / Title 26 / Section 26-14-122
Handling of returned ballots
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 170

When received, the secretary of the county election board shall

cause envelopes containing absentee ballots to be placed in a ballot

box, locked with three locks, in a secure place.
Okla. Stat. tit. 26, § 26-8-101 — OK Code / Title 26 / Section 26-8-101
Certifying nominees
Status: in_force

The county election board shall certify a list of nominees of

each political party for county offices following the Primary and

Runoff Primary Elections. The State Election Board shall certify a

list of nominees of each political party for the offices for which

Oklahoma Statutes - Title 26. Elections Page 108

the Board accepts filings of Declarations of Candidacy following the

Primary and Runoff Primary Elections.
Okla. Stat. tit. 26, § 26-4-115.2 — OK Code / Title 26 / Section 26-4-115.2
Confidentiality of residence and mailing address
Status: in_force

A. 1. The Secretary of the State Election Board is authorized

to promulgate rules to keep confidential the residence and mailing

Oklahoma Statutes - Title 26. Elections Page 59

address, upon application to do so, of individual registered voters

who are members of certain classes as described in paragraph 2 of

this subsection.

2. Classes shall be limited to any currently elected federal

official of this state, any current state official elected

statewide, the judiciary, district attorneys, assistant district

attorneys, uniformed services members, law enforcement personnel and

the immediate family of law enforcement personnel, correctional

officers, the secretary, assistant secretary, employees, and members

of a county election board or the State Election Board, persons who

are protected by victim’s protection orders, the spouses and

dependents of the members of such classes, and persons who are

certified by the Secretary of State as participants in the Address

Confidentiality Program established by Section 60.14 of Title 22 of

the Oklahoma Statutes.

3. Such address information shall be provided to a candidate or

candidate representative or other lawful authority in anticipation

or as part of a contest of candidacy or contest of an election as

provided for in this title or as part of a petition challenge as

provided by law. However, no information concerning the address of

a certified Address Confidentiality Program participant shall be

released by election officials to any person for any purpose except

under court order.

B. As used in this section, “immediate family of law

enforcement personnel” means a spouse, child by birth or adoption,

stepchild or parent living at the same residence as the law

enforcement personnel.
Okla. Stat. tit. 26, § 26-20-104 — OK Code / Title 26 / Section 26-20-104
Certification of candidates - Allocation of delegates -
Status: in_force

Future primaries - Delegate voting.

A. Upon the completion of the state canvass of the results of

the Presidential Preferential Primary, the Secretary of the State

Election Board shall certify to the state chairman of each political

party which has candidates participating in the primary:

1. the names of the party's candidates and the votes each

received, by congressional district as well as statewide; and

2. the total of the votes cast in the political party, by

congressional district as well as statewide.

B. Each candidate shall be awarded delegates by congressional

districts proportionately, by the ratio of votes they received to

the total vote cast in said congressional district; provided

however, no delegates shall be awarded to any candidate receiving

less than fifteen percent (15%) of the vote, and such votes shall be

allocated among the other candidates in proportion to their total

vote. If no candidate receives fifteen percent (15%) or more of the

vote, then the candidate receiving the highest number of votes in

that district shall be awarded all the delegates from that district.

Oklahoma Statutes - Title 26. Elections Page 192

C. The candidate receiving the largest number of votes statewide

shall be awarded all delegate votes authorized by the National

Committee of the political party which are selected as the at-large

delegates at the state convention of said party.

D. Votes shall be allocated on a basis of not less than one-

half (1/2) delegate vote or the minimum allowed by the national

party rules.

E. Each political party shall then select, by a method to be

determined by the party, as many delegates to the national party

convention as are allotted it by the national committee of that

party.

F. No later than 5:00 p.m. on the tenth day of January, 1988,

and each year thereafter in which the President and Vice President

of the United States are to be elected, the Attorney General shall

submit to the Secretary of the State Election Board notice of the

manner in which results of the next following Presidential

Preferential Primary are to be certified and to whom said results

are to be certified. The State Election Board shall certify results

according to the manner prescribed in the notice. The Attorney

General shall be required to provide said notice in such a way as to

be consistent with the methods required by the recognized political

parties relative to selection of delegates to their national

conventions.

G. Each delegate or alternate delegate to the national

convention of his political party shall cast their vote on all

ballots for the candidate who received this state's vote. If that

candidate is for any reason no longer a candidate, the votes of the

Oklahoma delegation shall be cast for any candidate of their choice.

H. If the political parties involved in the primary elections will

not accept the minimum threshold or other provisions of this

section, or have a different method of allocating the votes of all

candidates falling below such threshold, either as to the

congressional districts or statewide vote, then these matters may be

governed by the respective political parties involved.
Okla. Stat. tit. 26, § 26-7-106 — OK Code / Title 26 / Section 26-7-106
Installation of voting booths
Status: in_force

Prior to 7:00 a.m., the inspector shall cause voting booths to

be properly installed and other equipment, supplies and ballots to

be arranged for the orderly conduct of the election.
Okla. Stat. tit. 26, § 26-2-111 — OK Code / Title 26 / Section 26-2-111
Appointment of members and alternates - Terms - Parties
Status: in_force

to submit nominations - Vacancies.

The State Election Board shall appoint two members of each

county election board, and two alternates, to serve terms of four

(4) years each. No later than April 15, 1975, and every four (4)

years thereafter, the county central committees of the two political

parties with the largest number of registered voters in the state,

based upon the latest January 15 registration report, shall each

submit to the State Election Board a nominee for membership on the

county election board and a nominee to serve as the alternate. The

nominations must be submitted in writing and signed by at least two

members of each county central committee. If the county central

committee for a party in a county fails to submit a nominee or if

there is no county central committee for a party in a county, the

state central committee for the party may submit to the State

Election Board a nominee for membership on the county election board

and a nominee to serve as the alternate. The State Election Board

shall be confined to the nominees in making appointments, one from

each party, to the county election board and one from each party to

serve as the alternate. The appointments shall be made no later

than May 1, 1975, and every four (4) years thereafter. If a county

or state central committee fails to submit nominees by April 15, the

State Election Board shall appoint a member and alternate to the

county election board from the ranks of such party within the

county. Alternates shall serve on the county election board at any

meeting that the member for whom the person is an alternate is

unable to attend. In the event of a vacancy, the State Election

Board shall, within sixty (60) days after such vacancy occurs,

appoint a member of the same party to fill the unexpired term, based

on a nomination submitted by the party's county central committee in

the manner hereinbefore provided within thirty (30) days after the

vacancy occurs. Should a county or state central committee fail to

submit a nominee within the prescribed period of time, the State

Election Board shall appoint a member of the county election board

from the ranks of the party within the county. Vacancies shall

Oklahoma Statutes - Title 26. Elections Page 20

occur when a member fails to attend five consecutive meetings of the

board or when a member changes the member’s party affiliation. It

shall be the duty of the other two members of the board to notify

the Secretary of the State Election Board should a vacancy occur. A

vacancy shall be filled in the manner hereinbefore provided.
Okla. Stat. tit. 26, § 26-7-129.2 — OK Code / Title 26 / Section 26-7-129.2
Substitute ballots
Status: in_force

A. In the event an absentee ballot is mutilated, defaced or

damaged in a manner that it cannot be read by the voting device and

thus not counted during the counting process, then two members of

the county election board of different political party affiliations

or two members of an absentee voting board under the supervision of

Oklahoma Statutes - Title 26. Elections Page 102

the county election board shall be authorized to mark a substitute

ballot in identical fashion, insofar as is possible. Once so

marked, the substitute ballot shall be entered for counting into the

voting device. A written record of such action shall be made by the

two county election board members.

B. In the event of an absentee ballot that was delivered

electronically to a voter as described in Section 14-118 of this

title, or an absentee ballot that was received from a voter by

facsimile device as described by Section 14-118.1 of this title, and

the ballot cannot be read by the voting device, then two members of

the county election board of different political party affiliations

or two members of an absentee voting board under the supervision of

the county election board shall be authorized to mark a substitute

ballot in identical fashion, insofar as is possible. Once so

marked, the substitute ballot shall be entered for counting into the

voting device. A written record of such action shall be made by the

two county election board members.

C. In the event there is a disagreement about how a substitute

ballot should be marked for any race, the matter shall be brought

immediately before the full county election board, which shall vote

to decide how to mark the ballot.
Okla. Stat. tit. 26, § 26-6-102 — OK Code / Title 26 / Section 26-6-102
Unopposed candidates
Status: in_force

Any candidate who is unopposed in any election shall be deemed

to have been nominated or elected, as the case may be, and his name

will not appear on the ballot at any election in which he is so

unopposed.
Okla. Stat. tit. 26, § 26-7-108.5 — OK Code / Title 26 / Section 26-7-108.5
Exit polls - Restriction - Voluntariness
Status: in_force

A pollster may approach only voters who have completed their

voting concerning participation in the exit poll. Participation by

a voter shall be voluntary.
Okla. Stat. tit. 26, § 26-2-109 — OK Code / Title 26 / Section 26-2-109
Maintenance of records - Records public
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 19

The Secretary of the State Election Board shall maintain the

records of the office, and such records shall be open for public

inspection during regular office hours unless otherwise provided by

law.
Okla. Stat. tit. 26, § 26-16-116 — OK Code / Title 26 / Section 26-16-116
Disclosure by election official
Status: in_force

Any election official who discloses how any voter may have voted

shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-7-133 — OK Code / Title 26 / Section 26-7-133
Ballot cards - Certificate of vote - Return to county
Status: in_force

election board.

Oklahoma Statutes - Title 26. Elections Page 104

After certificates of vote have been printed, the ballot box

shall be unlocked and all ballot cards and a copy of the signed

certificate of vote shall be placed in a transfer case. Said

transfer case shall be sealed, and the inspector shall return it,

along with all other election materials and a copy of the

certificate of vote, forthwith to the county election board.
Okla. Stat. tit. 26, § 26-22-106 — OK Code / Title 26 / Section 26-22-106
Reason for failure to count to be noted
Status: in_force

In a declared election emergency, if a ballot or part of a

ballot is not counted for any reason, a counter shall write said

reason on the back of said ballot, and sign said statement.
Okla. Stat. tit. 26, § 26-20-105 — OK Code / Title 26 / Section 26-20-105
Delegates and alternates to file affidavits on voting
Status: in_force

No person selected as a delegate or alternate delegate shall

qualify to attend the national convention of his political party

unless he files with the state central committee of his party a

signed affidavit of acceptance stating his name, address, that he is

a registered voter of the political party and, pursuant to

effectuating the purpose and the result of the Presidential

Preferential Primary in this state, that he pledges himself to vote

as provided for in Section 4 of this act.

Oklahoma Statutes - Title 26. Elections Page 193

Any vote cast by a delegate which is not in accordance with his

delegate pledge shall be void.
Okla. Stat. tit. 26, § 26-21-102 — OK Code / Title 26 / Section 26-21-102
Procedures to protect proprietary interest in computer
Status: in_force

programs.

The Secretary of the State Election Board is authorized to adopt

procedures and take any other actions consistent with existing law

to protect the state's proprietary interest in computer programs and

software, training materials, publications and any other documents

developed as part of a unitary, unified, integrated system of

election administration for the State of Oklahoma.
Okla. Stat. tit. 26, § 26-7-139 — OK Code / Title 26 / Section 26-7-139
Short title - Prohibit the Private Funding of Elections
Status: in_force

Act – Violations - Penalties.

A. This act shall be known and may be cited as the "Prohibit

the Private Funding of Elections Act".

B. As used in this section:

1. "Person" means any individual, proprietorship, firm,

partnership, joint venture, syndicate, labor union, business trust,

company, association, committee, corporation, whether or not

operated for profit, or any other organization or group of persons

acting in concert, or any other nongovernmental third-party entity;

and

2. "Public funds" means funds derived from taxes, fees,

including candidate filing fees, and other sources of public revenue

lawfully appropriated or expended by Congress, the Legislature, or

any other governmental entity, or funds from an entity that is

authorized to pay for an election pursuant to state law.

C. 1. All costs and expenses of conducting and administrating

elections shall be paid for with public funds; provided nothing in

this section shall apply to franchise elections described in

Sections 5(a) and 5(b) of Article XVIII of the Oklahoma

Constitution.

2. No government official or election official shall solicit,

take, or otherwise accept from any person, any contribution,

donation, or anything else of value for purposes of conducting or

administrating any election pursuant to the provisions of this

title.

3. No person shall offer or provide any contribution, donation,

or anything else of value for purposes of conducting or

administrating any election pursuant to the provisions of this

title.

D. 1. For the purposes of this section, the following shall

not be considered a contribution, donation, or thing of value:

Oklahoma Statutes - Title 26. Elections Page 107

a. providing space or property for use as a polling place

or in-person absentee voting site at no charge or at a

below-market cost,

b. persons who volunteer their labor as precinct

officials, absentee voting board members, or as

election workers,

c. persons who volunteer their labor to assist the county

election board or the State Election Board during

candidate filing, on Election Day, during in-person

absentee voting, or at other times,

d. food or beverage items of nominal value provided to

precinct officials, absentee voting board members, or

election officials,

e. items of nominal value including, but not limited to,

pens, sanitizer and cleaning supplies, or

f. airing or publication of public service announcements

or press releases issued by the State Election Board

or a county election board.

2. Donations not directly related to the administration of

elections, may be accepted by the Secretary of the State Election

Board or secretary of the county election board only upon written

approval by the Governor and written notification sent to the

Speaker of the Oklahoma House of Representatives and President Pro

Tempore of the Oklahoma State Senate.

E. A willful and intentional violation of this act shall be

punishable as follows:

1. A first violation shall constitute a misdemeanor and, upon

conviction, be punishable by a fine not to exceed Five Thousand

Dollars ($5,000.00).

2. A second violation shall constitute a misdemeanor and, upon

conviction, be punishable by a fine not to exceed Ten Thousand

Dollars ($10,000.00).

3. A third or any subsequent violation shall constitute a

felony and, upon conviction, be punishable by a fine not to exceed

Fifty Thousand Dollars ($50,000.00), or by imprisonment in the

custody of the Department of Corrections for a term of not less than

two (2) years nor more than five (5) years, or by both such fine and

imprisonment.
Okla. Stat. tit. 26, § 26-5-108 — OK Code / Title 26 / Section 26-5-108
Adopting name of incumbent prohibited
Status: in_force

No person may become a candidate for any office who adopts or

has adopted a name identical or similar to that of the incumbent of

such office, or of any candidate who has previously made public

announcement of his candidacy for such office.
Okla. Stat. tit. 26, § 26-13-101 — OK Code / Title 26 / Section 26-13-101
County election board to conduct
Status: in_force

All municipal elections conducted in the State of Oklahoma shall

be conducted by the county election board of the county wherein said

municipality's central offices are located, unless otherwise

provided by law.
Okla. Stat. tit. 26, § 26-9-118 — OK Code / Title 26 / Section 26-9-118
Unlawful acts relating to voting devices
Status: in_force

Any person who defaces a voting device, breaks, tampers with,

impairs, impedes or otherwise interferes with the maintenance,

adjustment, delivery, use or operation of any voting device or part

thereof shall be guilty of a Class D1 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 26, § 26-5-125 — OK Code / Title 26 / Section 26-5-125
Sheriff to serve notice - Secretary of election board
Status: in_force

made agent for constructive service.

Service shall be made by the sheriff of the county of residence

of the contestee as to all offices, except that of sheriff, in which

case the same shall be served by the county clerk of the appropriate

county, and the certificate of returns of such sheriff or county

clerk, showing the inability to make such service within the

aforementioned time, shall be deemed sufficient proof of the absence

of the contestee, or the inability to serve such petition and notice

upon him, and to justify the constructive service herein provided.

When personal service is impossible, within said time, it is hereby

made the duty of said petitioner to serve said true copies upon the

secretary of the appropriate election board. Provided that for the

purpose of such constructive service, the Secretary of the State

Election Board and the secretaries of the county election boards are

hereby made and constituted the service agents for all candidates

who file declarations of candidacy with them. By filing his

declaration of candidacy, each candidate shall thereby be

conclusively presumed to have accepted the terms and provisions

hereof and specifically the aforesaid constructive service. When

constructive service becomes necessary, said constructive service

shall be made at the date, time and place of said hearing, after

proof of inability to personally serve the contestee has been

returned to the petitioner.
Okla. Stat. tit. 26, § 26-11-113 — OK Code / Title 26 / Section 26-11-113
Candidate receives majority - Procedure
Status: in_force

If one candidate for the office of an associate district judge

receives a majority of all votes cast for that office at the Primary

Election and, in the case of district judges, if the nominating

district is coextensive with the whole judicial district or

electoral division of a judicial district, the candidate who

received the majority of all votes cast at the Primary Election

shall be deemed to have been elected to that office, and that office

shall not be listed on the ballot for the General Election.
Okla. Stat. tit. 26, § 26-16-107 — OK Code / Title 26 / Section 26-16-107
Bribe for withdrawal of candidacy
Status: in_force

Any person who shall offer or give to another anything of value

to induce or cause such other person to withdraw from a political

contest as a candidate or nominee at any election shall be deemed

guilty of a Class D1 felony offense.
Okla. Stat. tit. 26, § 26-14-115.5 — OK Code / Title 26 / Section 26-14-115.5
Absentee voting boards
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 163

A. To carry out the provisions of Sections 14-115 and 14-115.4

of this title, the secretary of the county election board shall

designate one or more absentee voting boards, to be composed of two

(2) members each, with each member to be of a different political

affiliation.

B. No later than June 1 in each even-numbered year, the chair

of the county central committees of the two political parties having

the highest number of registered voters in the county shall each

submit a list of ten names to the secretary. Such lists shall

contain names of registered voters of the county, who shall meet the

same eligibility requirements for precinct officials as described in

Section 2-131 of this title.

C. The secretary shall utilize such lists in designating

membership on the absentee voting board or boards, unless all

persons on such lists are ineligible, unable or unwilling to serve.

In the event the chair of the county central committee of a

political party fails to submit a list as herein provided, the

secretary shall appoint membership to such board or boards from the

ranks of registered voters of such party within the county.

Provided further, that in the event the list of names of either or

both parties is exhausted and additional absentee voting boards are

needed, the secretary shall appoint additional members to such

boards from the ranks of such party or parties in the county.

D. Members of an absentee voting board shall be compensated at

the same rate as a precinct judge or clerk.

E. One member of each such board serving a nursing home, State

Veterans Home or convalescent hospital, shall be allowed mileage

reimbursement at the rate prescribed for travel by state employees

according to the State Travel Reimbursement Act.
Okla. Stat. tit. 26, § 26-14-106 — OK Code / Title 26 / Section 26-14-106
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, § 26-6-116 — OK Code / Title 26 / Section 26-6-116
Absentee ballots
Status: in_force

A. As soon as practicable, the State Election Board or each

county election board, when ballots are printed by a county election

board, shall cause to be printed a sufficient number of absentee

ballots, prepared as nearly as practicable in the same manner as

provided for other ballots for the Primary, Runoff Primary and

General Elections, in time for the ballots to be issued during the

time prescribed by law.

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

use of regular ballots as absentee ballots in any county for any

election. In the event that regular ballots are authorized for use

as absentee ballots at any election, the first order of rotation of

candidate names for all partisan offices in Primary Elections shall

be determined as outlined in Section 6-107 of this title and the

candidate names shall be rotated to the extent practicable on all

ballots printed for the election. The first order of rotation of

candidate names for all partisan offices in the Runoff Primary

Election shall be determined as outlined in Section 6-108 of this

title and the candidate names shall be rotated to the extent

practicable on all ballots printed for the election. Regular

ballots used as absentee ballots shall not be required to be

designated on their face as absentee ballots.

Oklahoma Statutes - Title 26. Elections Page 87
Okla. Stat. tit. 26, § 26-7-114 — OK Code / Title 26 / Section 26-7-114
Procedure for determining eligibility
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 95

A. Each person appearing to vote shall announce that person's

name to the judge of the precinct and shall provide proof of

identity, whereupon the judge shall determine whether the person's

name is in the precinct registry. As used in this section, "proof

of identity" shall mean a document that satisfies all of the

following:

1. The document shows the name of the person to whom the

document was issued, and the name substantially conforms to the name

in the precinct registry;

2. The document shows a photograph of the person to whom the

document was issued;

3. The document includes an expiration date, which is after the

date of the election in which the person is appearing to vote. The

provisions of this paragraph shall not apply to:

a. an identification card that is valid indefinitely, or

b. an identification card issued by a branch of the armed

services of the United States to a person who is a

member of such branch or is retired therefrom; and

4. The document was issued by the United States, the State of

Oklahoma or the government of a federally recognized Indian tribe or

nation.

Provided, if the person presents a voter identification card

issued by the appropriate county election board, such card may serve

as proof of identity without meeting the requirements of paragraphs

2 and 3 of this subsection.

B. 1. If a person declines to or is unable to produce proof of

identity, the person may sign a statement under oath, in a form

approved by the Secretary of the State Election Board, swearing or

affirming that the person is the person identified on the precinct

registry, and shall be allowed to cast a provisional ballot in a

manner consistent with the provisions of Section 7-116.1 of this

title.

2. A provisional ballot cast by a voter who declines or is

unable to produce proof of identity shall only be considered

verified and approved for counting if:

a. the voter's name on the affidavit substantially

conforms to the voter's name in the voter registration

database, except as provided in paragraph 3 of this

subsection,

b. the voter's residence address on the affidavit

substantially conforms to the voter's residence

address in the voter registration database, except as

provided in paragraph 4 of this subsection,

c. the voter's date of birth matches the information in

the voter registration database,

d. the voter's Oklahoma driver license number or the last

four digits of the voter's Social Security number on

Oklahoma Statutes - Title 26. Elections Page 96

the affidavit matches the information in the voter

registration database. The provisions of this

subparagraph shall not apply if the voter was not

required to provide a driver license number or the

last four digits of the voter's Social Security number

at the time of registration, and

e. the provisional ballot meets the eligibility

requirements set forth in Section 7-116.1 of this

title.

3. A voter casting a provisional ballot as provided in this

section who has legally changed his or her name, but has not updated

the name on the voter registry, may note this fact on the affidavit

and submit a form prescribed by the Secretary of the State Election

Board to update his or her name. In such a case, and where the

requirements of Section 4-117 of this title are satisfied, the

provisional ballot shall be deemed to meet the requirements of

subparagraph a of paragraph 2 of this subsection.

4. A voter casting a provisional ballot as provided in this

section who has changed his or her address of residence, but has not

updated the address on the voter registry, may note this fact on the

affidavit and submit a form to update the address prescribed by the

Secretary of the State Election Board. In such a case, and where

the requirements of Section 4-117 of this title are satisfied, the

provisional ballot shall be deemed to meet the requirements of

subparagraph a of paragraph 2 of this subsection.

5. False swearing or affirming under oath shall be punishable

as a felony as provided in Section 16-103 of this title, and the

penalty shall be distinctly set forth on the face of the statement.
Okla. Stat. tit. 26, § 26-2-108 — OK Code / Title 26 / Section 26-2-108
Offices of State Election Board
Status: in_force

The State Election Board shall maintain an office or offices

continuously in the seat of government.
Okla. Stat. tit. 26, § 26-3-129 — OK Code / Title 26 / Section 26-3-129
Publication of state directory and other materials
Status: in_force

The Secretary of the State Election Board is authorized to

publish the Roster of State and County Officials, along with

election results and statistics, lists of candidates filing for

office and such other publications as he deems necessary for the

discharge of his duties.
Okla. Stat. tit. 26, § 26-14-129 — OK Code / Title 26 / Section 26-14-129
List of absentee voters
Status: in_force

The secretary of each county election board shall cause to be

printed the words "Absentee Ballot Request" next to the voter's name

on the precinct registry for all voters in a precinct who have

requested absentee ballots prior to election day.
Okla. Stat. tit. 26, § 26-2-133 — OK Code / Title 26 / Section 26-2-133
Legal defense services
Status: in_force

A. The Secretary, members and alternate members of the State

Election Board and all persons employed within the organizational

framework of the State Election Board shall be entitled to free

defense services by the Attorney General in any civil suit resulting

from alleged acts or omissions which the Attorney General has

determined to have occurred within the scope of or arising out of

the official duties performed by these persons in behalf of the

State Election Board and the state.

B. All members and alternate members of county election boards

and all persons employed or appointed within the organizational

framework of county election boards, including members of absentee

voting boards, counters and precinct officials, shall be entitled to

free defense services by the district attorney in any civil suit

resulting from alleged acts or omissions which the district attorney

has determined to have occurred within the scope of or arising out

of the official duties performed by these persons in behalf of the

county election board, the county and the state.

C. The fact that the Attorney General or district attorney

omits to provide such defense as provided within this section shall

not be admissible in any such civil suit and any mention of such

fact shall be deemed grounds for mistrial.
Okla. Stat. tit. 26, § 26-5-123 — OK Code / Title 26 / Section 26-5-123
Service of notice
Status: in_force

It shall be the duty of the petitioner to cause a true copy of

the petition and notice of the date and place of the hearing to be

served on the contestee.
Okla. Stat. tit. 26, § 26-8-122 — OK Code / Title 26 / Section 26-8-122
Determination of successful party impossible - Procedure - Governor to call special
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 6- Governor to call special election.

In the event, after a hearing is conducted, it is deemed

impossible to determine who should be certified as the party's

nominee or to whom a certificate of election shall be issued, or

which candidates are entitled to have their names appear on the

Runoff Primary Election ballot, the judge shall notify the

appropriate election board secretary of same. It shall then be the

duty of the election board secretary to notify the Governor of said

decision. The Governor shall then order a new election to be

conducted as soon as is practicable in the same manner as the

contested election, with the identical candidates, provided that any

candidate upon whom fraud has been proved shall not be a candidate

in the new election. Provided further, the above shall not apply to

elections resulting in tie votes, which elections shall be

determined as provided by law.
Okla. Stat. tit. 26, § 26-5-124 — OK Code / Title 26 / Section 26-5-124
Time for service of notice
Status: in_force

Said service shall be made in person, where possible, within

twenty-four (24) hours after the date and place of the hearing has

been set by the election board secretary.
Okla. Stat. tit. 26, § 26-12-118 — OK Code / Title 26 / Section 26-12-118
Certification
Status: in_force

The State Election Board shall certify the results of said

election to the Governor, whereupon the Governor shall issue a

proclamation declaring the results of said election and the passage

or failure of any measure.
Okla. Stat. tit. 26, § 26-22-105 — OK Code / Title 26 / Section 26-22-105
Procedures governing counting
Status: in_force

In a declared election emergency, the Secretary of the State

Election Board shall prescribe procedures to govern the counting and

recounting of votes. Such procedures for the counting or recounting

of ballots shall follow, as nearly as is practicable, the provisions

set forth in Section 7-127 of this title.

Oklahoma Statutes - Title 26. Elections Page 196
Okla. Stat. tit. 26, § 26-4-121 — OK Code / Title 26 / Section 26-4-121
Multistate voter list maintenance organizations
Status: in_force

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

of Oklahoma as a member in one or more multistate voter list

maintenance organizations. The Secretary is authorized to expend

funds as available for membership fees, dues and other expenses

related to such membership or to an agreement as described in

subsection H of this section. Prior to the State of Oklahoma

joining a multistate voter list maintenance organization, the

organization shall certify in writing to the Secretary of the State

Election Board that membership in the organization meets the

requirements of this section.

B. Upon membership in an organization as provided in subsection

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

provide voter registration data to the organization and Service

Oklahoma may provide motor vehicle license data to the organization

if such data is required to be provided as a condition of

membership. The voter registration data and motor vehicle license

data described in this subsection may include a person’s name,

address, date of birth, driver license or state identification

number, last four digits of a Social Security number or any other

data required by the organization. Motor vehicle license data shall

not be provided for persons who are identified as not being citizens

of the United States. The transmission and storage of such data

shall be done in a secure manner.

C. The Secretary of the State Election Board shall not join a

multistate voter list maintenance organization if any of the

following requirements are a condition of membership in the

organization:

1. A notification is required to be sent to persons who are

eligible to vote but not yet registered to vote;

2. Membership in the organization includes any person or entity

other than a state or territory of the United States;

3. The governing board of the organization includes any member

or ex officio member who is not a representative of a state or

territory of the United States; or

4. The organization provides or releases voter registration

data or motor vehicle license data received from this state to any

party other than a state or territory of the United States that is a

member of the organization.

D. 1. If a multistate voter list maintenance organization of

which this state is a member provides United States Postal Service

National Change of Address data regarding registered voters who have

changed their address of residence within the state, the Secretary

of the State Election Board may use the data pursuant to the

Oklahoma Statutes - Title 26. Elections Page 69

provisions of Section 4-118.1, 4-120.2 or 7-115.1 of this title or

the federal National Voter Registration Act of 1993.

2. If a multistate voter list maintenance organization of which

this state is a member provides Social Security Administration death

records matching data regarding voters who are deceased, the

Secretary of the State Election Board may use the data as authorized

pursuant to Section 4-120.3 of this title.

E. If a multistate voter list maintenance organization of which

this state is a member provides or releases any voter registration

data or motor vehicle license data received from this state to any

party other than a state or territory that is a member of the

organization, or if the data from this state is used by any member

of the organization for a purpose other than voter list maintenance,

the State of Oklahoma shall immediately withdraw as a member of the

organization.

F. The Oklahoma Attorney General shall have the authority to

bring a civil action against the multistate voter list maintenance

organization in a district court of this state for damages caused by

the sharing of the data of this state as described in paragraph 4 of

subsection C of this section. If the Attorney General declines to

pursue action, the Secretary of the State Election Board, or the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives jointly, may bring such civil action.

G. 1. The Secretary of the State Election Board shall cause to

be published annually on the website of the State Election Board the

following costs associated with membership in a multistate voter

list maintenance organization:

a. annual membership dues, if any, and

b. any other costs directly attributable to the state’s

membership in the organization.

2. The Secretary of the State Election Board shall cause to be

published annually on the website of the State Election Board the

following statistical information:

a. the number of voter registrations by county that are

canceled on the basis of information received from the

multistate voter list maintenance organization, and

the reason for the cancellation, and

b. such other statistical information deemed appropriate

by the Secretary of the State Election Board.

H. The Secretary of the State Election Board may enter into an

agreement with the chief state election official of one or more

states or territories of the United States to share or cross-check

voter registration data in a manner consistent with the requirements

for membership in a multistate voter list maintenance organization

described in this section.

Oklahoma Statutes - Title 26. Elections Page 70
Okla. Stat. tit. 26, § 26-4-103.1 — OK Code / Title 26 / Section 26-4-103.1
Procedure to register or update registration
Status: in_force

A. A qualified elector may apply to register to vote or update

a registration to vote by:

1. Delivering by mail or otherwise a completed voter

registration application to the State Election Board or any county

election board;

2. Completing a voter registration application in person with

any official of an agency described in Section 4-109.2 of this

title;

3. Completing a voter registration application in person as

part of an application for issuance, renewal or change of address

for a driver license or issuance of a state identification card

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

Statutes with a designated representative of Service Oklahoma; or

4. Completing a voter registration application electronically

as provided in Section 4-109.4 of this title.

B. The secretary of the county election board for the county of

the applicant's residence shall send to each applicant by

nonforwardable, first-class United States mail a notice of the

disposition of the application. Notice mailing costs shall be paid

by the county. Provided, the Secretary of the State Election Board

may authorize such notices to be sent by electronic means for voter

registration applications submitted electronically.

Oklahoma Statutes - Title 26. Elections Page 48
Okla. Stat. tit. 26, § 26-5-106 — OK Code / Title 26 / Section 26-5-106
Candidate may file for only one office
Status: in_force

Candidates may file for no more than one office at any election.

A Special Election and a Regular Election held on the same date

shall be considered one election.
Okla. Stat. tit. 26, § 26-12-111 — OK Code / Title 26 / Section 26-12-111
Vacancies in county elective offices
Status: in_force

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

commissioner, the vacancy shall be filled at a special election to

be called by the Governor within thirty (30) days after the vacancy

occurs. Provided, no special election shall be called if the

vacancy occurs in an even-numbered year if the term of the office

expires the following year. In such case, the candidate elected to

the office at the Primary Election, runoff Primary Election, or the

regular General Election shall be appointed by the Governor as soon

as practical after the applicable election to fill the unexpired

term.

B. Whenever a vacancy shall occur in any elective county office

of any county in this state having a population of more than the

population figure specified in subsection B of Section 10 of Title

51 of the Oklahoma Statutes, the vacancy shall be filled at a

special election to be called by the Governor within thirty (30)

days after the vacancy occurs. Provided, no special election shall

be called if the vacancy occurs in an even-numbered year if the term

of the office expires the following year. In such case, the

candidate elected to the office at the Primary Election, runoff

Primary Election, or the regular General Election shall be appointed

by the Governor as soon as practical after the applicable election

to fill the unexpired term.
Okla. Stat. tit. 26, § 26-16-111 — OK Code / Title 26 / Section 26-16-111
Electioneering
Status: in_force

Any person who electioneers 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,

and any person 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 who remains within fifty (50) feet of the entrance

to a polling place or in-person absentee voting site while an

election is in progress shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-8-114 — OK Code / Title 26 / Section 26-8-114
Procedure for recount – Determination of validity of
Status: in_force

ballots – Watchers and counters.

A. If a recount is to be conducted using electronic voting

devices, the devices used shall be tested for accuracy by the county

election board, giving all contestants, or their agents, an

opportunity to view the testing procedure. In conducting a recount

using electronic voting devices, the county election board shall

open the transfer cases containing regular ballots and counted

provisional ballots from each requested precinct or for absentee

ballots individually and shall assign the ballots to one or more

voting devices operated by persons appointed by the secretary of the

county election board. The county election board shall supervise

such counting and its decision shall be final in all cases. The

county election board shall have the authority, by a majority vote,

to determine if a ballot is valid and if the ballot should be

counted. Each contestant is entitled to have a watcher present at

each place where a voting device is being used. The watcher shall

be limited to a challenge, in writing, of any action taken by

operators of the voting devices. Such challenge shall be made

immediately to the county election board, whose decision on the

challenge shall be final.

B. In conducting a manual recount of ballots, the county

election board shall open the transfer cases containing regular

ballots and counted provisional ballots from each requested precinct

Oklahoma Statutes - Title 26. Elections Page 117

or for absentee ballots individually and shall assign the ballots to

a group of counters appointed by the secretary of the county

election board. Counters shall then conduct the recount in the same

manner as provided by law for counting ballots in Primary, Runoff

Primary and General Elections. The county election board shall

supervise such counting and its decision shall be final in all

cases. The county election board shall have the authority, by a

majority vote, to determine if a ballot is valid and if the ballot

should be counted. Each candidate affected by or individual

petitioning for the recount is entitled to have a watcher present at

each place where a count is being made. The watcher shall be

limited to a challenge, in writing, of any decision made by the

counters with regard to counting of a ballot. Such challenge shall

be made immediately to the county election board, whose decision on

the challenge shall be final. Each group of counters shall have

representation of at least two political parties, where possible.

The counters shall be appointed from among the registered voters of

the county and shall meet such qualifications as may be imposed for

a precinct inspector, judge or clerk. Counters shall be paid on the

same basis as precinct judges and clerks are paid for Primary,

Runoff Primary or General Elections.
Okla. Stat. tit. 26, § 26-3-102 — OK Code / Title 26 / Section 26-3-102
Forms provided by State Election Board
Status: in_force

All forms required by law for state and county elections, except

such forms as are applicable only to county elections, shall be

provided by the State Election Board.
Okla. Stat. tit. 26, § 26-8-120 — OK Code / Title 26 / Section 26-8-120
Petition alleging irregularities - Procedure
Status: in_force

When a petition alleging irregularities other than fraud is

filed, said petition must allege a sufficient number of

irregularities and of such nature as to:

1. Prove that the contestant is lawfully entitled to be

certified the party's nominee or to be issued a certificate of

election, or to have his name appear on the Runoff Primary Election

ballot; or

2. Prove that it is impossible to determine with mathematical

certainty which candidate is entitled to be certified as the party's

nominee or to be issued a certificate of election, or to have his

name appear on the Runoff Primary Election ballot.

Additional irregularities may be presented at the hearing if not

known to the contestant at the time the petition is filed. If such

allegations are not made, the petition shall be deemed frivolous by

the presiding judge and shall be dismissed. Said petition must be

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

amount of Two Hundred Fifty Dollars ($250.00) for each county

affected by the petition. Said petition must set forth specific

allegations of irregularities in certain precincts or in the casting

of absentee ballots. If said petition is filed in the manner herein

provided, the district judge of the county or such other judge as

may be assigned by the Supreme Court shall hear and determine said

issue in the same manner as provided for a petition alleging fraud.

On the day of the hearing, the contestee may file an answer to the

petition or may file a cross petition setting forth in detail, as

required of petitioner herein, such claim of irregularities. A

cross petition must be accompanied by either a cashier's check or

certified check in the amount of Two Hundred Fifty Dollars ($250.00)

for each county affected by the cross petition. Deposits shall be

used to defray actual costs as provided for recounts.

Oklahoma Statutes - Title 26. Elections Page 121
Okla. Stat. tit. 26, § 26-3-118 — OK Code / Title 26 / Section 26-3-118
Changes in precincts - Notice - Transfer of affected
Status: in_force

voters' registration.

Oklahoma Statutes - Title 26. Elections Page 41

The secretary of the county election board in each county may

change the boundaries of, abolish or consolidate any precinct,

subject to the limitations provided by law, by observing the

following procedure:

1. No precinct shall be created, divided, abolished or

consolidated, or any boundary otherwise changed between January 1 of

any year which last digit is nine and December 31 of any year which

last digit is zero; and

2. The secretary of a county election board shall only change a

precinct by dividing or consolidating a precinct into two or more

precincts in a manner which will conform to designated census

geography except when it becomes necessary for reasons of a lack of

an adequate available polling place, or when road conditions hinder

or impede a voter's ability to vote, or to accomplish redistricting,

or for any other lawful purpose. Such changes shall conform to the

requirements contained in Sections 3-115 and 3-116 of this title.

3. Changes may not become effective until notices of such

changes have been posted and mailed as provided in this paragraph

for thirty (30) days. One notice shall be posted at the door of the

polling place for the affected precinct, one notice posted at the

door of the county courthouse and one notice shall be mailed to the

State Election Board.

4. The registration of each registered voter affected by such

change shall be transferred as provided by law by the secretary of

the county election board without any request from the voter.

5. Each registered voter whose registration is transferred as

hereinbefore provided shall be notified of such transfer in writing

by the secretary of the county election board. At the same time,

the voter shall be issued a new voter identification card and shall

be instructed to destroy his or her former voter identification

card.
Okla. Stat. tit. 26, § 26-14-141 — OK Code / Title 26 / Section 26-14-141
Voting registration - Federal postcard application
Status: in_force

A. To apply to register to vote, in addition to any other

approved method, a covered voter may use a federal postcard

application, or the application’s electronic equivalent.

B. A covered voter may use the declaration accompanying a

federal write-in absentee ballot to apply to register to vote

simultaneously with the submission of the federal write-in absentee

ballot. Such application shall be processed as provided in Section

4-110.1 of Title 26 of the Oklahoma Statutes.

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

the electronic transmission system described in subsection C of

Section 4 of this act is capable of accepting both a federal

postcard application and any other approved electronic registration

application sent to the appropriate election official. The voter

may use the electronic transmission system or any other approved

method to register to vote.
Okla. Stat. tit. 26, § 26-14-127 — OK Code / Title 26 / Section 26-14-127
Prescribing forms
Status: in_force

The Secretary of the State Election Board shall prescribe all

forms to be used in administering absentee ballot provisions of the

law.
Okla. Stat. tit. 26, § 26-7-108.3 — OK Code / Title 26 / Section 26-7-108.3
Pollster restrictions - Violation deemed misdemeanor
Status: in_force

The prohibition against electioneering contained in Section 7-

108 of this title shall apply to any pollster. No pollster shall be

permitted 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. A pollster who violates the law

prescribed for pollsters shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-7-107 — OK Code / Title 26 / Section 26-7-107
Empty ballot box - Tape verifying no counted votes
Status: in_force

When all else is in readiness for the opening of the polls, the

inspector shall, in view of the judge, clerk and any registered

voters at the polling place, confirm that the ballot box is empty

and locked and shall cause the voting device to print out a paper

tape to verify that no votes have been counted. This tape shall

remain attached to the voting device and in evidence throughout the

Oklahoma Statutes - Title 26. Elections Page 92

voting process. The key or other device used for obtaining printed

totals shall be retained by the inspector.
Okla. Stat. tit. 26, § 26-6-119 — OK Code / Title 26 / Section 26-6-119
Ballots for educational purposes
Status: in_force

It shall be unlawful to print or distribute ballots, or

duplicates thereof, except as authorized by law; provided, however,

that for educational purposes, the contents of said ballots may be

reproduced in sizes of at least twenty percent (20%) smaller than or

twenty percent (20%) larger than the official ballots and provided

further than such reproductions must bear the words "FOR EDUCATIONAL

PURPOSES ONLY".
Okla. Stat. tit. 26, § 26-2-117 — OK Code / Title 26 / Section 26-2-117
Secretary's duties - Assistant secretary - Compensation
Status: in_force

A. The secretary of the county election board shall be the

administrative officer of the county election board and shall have

general supervisory authority over all precinct officials and

absentee voting board members within the county.

B. The secretary shall employ an assistant secretary and such

other employees as are necessary to perform the duties of the county

election board. In the event a vacancy exists in the office of the

secretary of the county election board, the Secretary of the State

Election Board shall have the authority to stand in the place of the

secretary of the county election board for the purpose of employing

necessary county election board personnel.

C. The secretary of the county election board shall be charged

with the operational responsibilities of the board including, but

not limited to:

1. The supervision, defining job positions and

responsibilities, and discharge of the employees of the county

election board;

2. The preparation of the annual budget;

3. The preparation and filing of all reports; and

4. The implementation of policy, findings, and actions required

by law or lawfully prescribed or determined by the county election

board.

D. The minimum salary of the assistant secretary shall be equal

to ninety percent (90%) of the scheduled salary of the secretary in

the same county but shall not exceed the salary of the highest

salaried first or chief deputy or assistant to any county officer,

excluding the under sheriff, in the same county. Provided, the

minimum salary may be prorated if a county election board office is

open to the public for fewer hours per day than the average of the

regular public office hours of other county offices. The salary

Oklahoma Statutes - Title 26. Elections Page 22

limitation contained in this section shall not operate to reduce the

salary of any person employed as an assistant secretary or chief

clerk on October 31, 2019.

E. Salaries of additional personnel, including personnel

employed temporarily, shall not exceed the salary of the assistant

secretary and shall be comparable to salaries paid for the same

positions in other offices within the county.

F. The salaries of the assistant secretary and other personnel

shall be paid from county funds on a monthly basis. In the event

that the secretary, assistant secretary or any other essential

county election board employee must be away from work for a period

of time due to personal illness, family illness, or family

emergency, the county shall be required to fund compensation of

appropriate temporary personnel during the employee’s absence.

G. 1. The secretary of the county election board shall notify

the Secretary of the State Election Board of the person employed

pursuant to subsection B of this section as the assistant secretary

of the county election board. The assistant secretary shall be

subject to the direction of the secretary of the county election

board.

2. The assistant secretary shall execute the duties of the

secretary during the absence of the secretary due to illness,

disqualification, recusal, or any other reason approved in writing

by the Secretary of the State Election Board.

3. In the event of a vacancy in the office of the secretary of

the county election board due to the death, removal, or resignation

of the secretary, the assistant secretary shall execute the duties

of the secretary until a successor is appointed as prescribed by

law.

4. In the event of an absence or vacancy described in this

subsection, the assistant secretary may stand in the place of the

secretary of the county election board as a voting member of the

county election board at public meetings of the board with the

written authority of the Secretary of the State Election Board.
Okla. Stat. tit. 26, § 26-9-121 — OK Code / Title 26 / Section 26-9-121
Counting or tabulating devices not to be connected to
Status: in_force

the Internet.

Devices or equipment used by the State Election Board or a

county election board to count or tabulate ballots shall be

prohibited from connecting to the Internet. Provided, this shall

not serve to prohibit a secure network connection between the State

Election Board and a county election board for the purpose of

transmitting or receiving voter registration or election-related

data.
Okla. Stat. tit. 26, § 26-4-120.11 — OK Code / Title 26 / Section 26-4-120.11
Voter registration database query – Investigation of
Status: in_force

residential addresses with high number of registered voters.

A. No later than June 1 of each year, the State Election Board

shall perform a query of the entire voter registration database to

determine how many individuals are registered at the same

residential address.

B. If more than ten registered voters share a single

residential address, the State Election Board shall provide a list

of said voters to the secretary of the county election board, who

shall immediately notify the district attorney for that county.

C. Upon receipt of such notification, the district attorney, or

a member of law enforcement designated by the district attorney,

shall investigate any possible criminal violation of the law related

to the voter registration.

D. Provided, this section shall not apply to registered voters

sharing a residential address at a facility licensed or certified by

this state, if required by law, such as an assisted living facility,

residential care facility, nursing home, veterans center, medical

facility, multiunit housing, installations of the Armed Forces of

the United States where uniformed or overseas voters, as defined by

the Uniformed and Overseas Citizens Absentee Voting Act, are

stationed, or other locations authorized in writing by the Secretary

of the State Election Board.

Oklahoma Statutes - Title 26. Elections Page 68
Okla. Stat. tit. 26, § 26-16-112 — OK Code / Title 26 / Section 26-16-112
Intoxicating liquors
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 187

Any person who takes intoxicating liquors of any kind or

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

election day shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-1-109 — OK Code / Title 26 / Section 26-1-109
Party ceases to be recognized
Status: in_force

A. Any recognized political party shall continue to be a

recognized political party if a candidate of that party for any

Oklahoma Statutes - Title 26. Elections Page 14

statewide elected office receives at least two and one-half percent

(2.5%) of the total votes cast for the office in either of the

preceding two general elections. If such a political party fails to

retain recognition, the party may regain recognition only by

following the procedure prescribed for formation of new political

parties. The State Election Board shall proclaim the fact of a

party's failure to receive a sufficient number of votes and shall

order that the party cease to be recognized.

B. Any recognized political party that ceases to be recognized

under provisions of this section shall be designated as a political

organization. Such political organization designation shall

terminate four (4) years from the date that the political party

ceases to be recognized or when the political organization regains

recognition as a political party, whichever is earlier.
Okla. Stat. tit. 26, § 26-16-102.1 — OK Code / Title 26 / Section 26-16-102.1
Illegal handling of voting ballots
Status: in_force

Any unauthorized person who knowingly removes a ballot from a

polling place or who knowingly carries a ballot into a polling place

shall be deemed guilty of a Class D1 felony offense.
Okla. Stat. tit. 26, § 26-10-101 — OK Code / Title 26 / Section 26-10-101
Nomination of Presidential Electors - Certification
Status: in_force

A. The nominees for Presidential Electors of any recognized

political party shall be selected at a convention of the party in a

manner to be determined by the party.

B. The nominees for Presidential Electors shall be certified by

the chair of the party to the Secretary of the State Election Board

no later than July 15 of a presidential election year.

C. Failure of a political party to properly certify the names

of its nominees for Presidential Electors within the time specified

shall bar such party from placing any candidates for Presidential

Electors on the ballot at the General Election.

D. 1. A recognized political party shall certify its nominees

for President of the United States and Vice President of the United

States to the Secretary of the State Election Board no later than

seventy-five (75) days prior to the date of the General Election to

ensure the State Election Board and the county election boards have

sufficient time to meet the deadline for sending absentee ballots to

uniformed services voters pursuant to federal and state law.

Oklahoma Statutes - Title 26. Elections Page 124

2. If the nominating convention of a recognized political party

is scheduled to conclude after the deadline provided in paragraph 1

of this subsection, the Secretary may accept a provisional

certification of the party's nominees for President and Vice

President of the United States. A provisional certification must be

received by the Secretary prior to the deadline, and the party shall

provide the official certification of nominees to the Secretary upon

the adjournment of the convention.
Okla. Stat. tit. 26, § 26-14-112.1 — OK Code / Title 26 / Section 26-14-112.1
Materials to accompany ballot
Status: in_force

Said ballots must be accompanied by:

1. A plain opaque envelope in which voted ballots must be

placed by the voter;

2. An envelope bearing an affidavit stating that the voter is

qualified to vote, that he has personally marked the ballots or has

directed a person chosen by the voter to mark the ballots in

accordance with the provisions of Section 7-123.3 of this title; and

3. A return envelope addressed to the secretary of the county

election board.
Okla. Stat. tit. 26, § 26-10-101.1 — OK Code / Title 26 / Section 26-10-101.1
Candidates pledged to Independent candidate for
Status: in_force

President.

A. The following procedure shall be observed for Presidential

Electors pledged to an independent candidate for President of the

United States:

1. A person wishing to appear on the General Election ballot as

an independent candidate for President of the United States shall

file a Statement of Candidacy with the Secretary of the State

Election Board no later than July 15 of a presidential election

year;

2. a. the Statement of Candidacy shall be in a form to be

prescribed by the Secretary of the State Election

Board, and shall include the candidate's full legal

name, the candidate's address of residence, the

candidate's mailing address, the name of the candidate

as it should appear on the ballot and any other

information required by the Secretary of the State

Election Board,

b. the candidate shall swear an oath or affirm on the

Statement of Candidacy that the candidate meets the

qualifications for President of the United States set

forth in the Constitution of the United States, and

the candidate's signature shall be witnessed by a

notary public;

3. The Statement of Candidacy shall be accompanied by a

certification of the name and address of residence for each

candidate for Presidential Elector pledged to the independent

candidate for President of the United States. The number of

electors so certified shall be equal to the number apportioned to

the State of Oklahoma pursuant to the provisions of Section 1 of

Article II of the United States Constitution. Each candidate for

Presidential Elector so nominated shall subscribe to an oath

prescribed by the Secretary of the State Election Board, which shall

be in the same manner, substance and form as the oath described in

Section 10-102 of this title;

Oklahoma Statutes - Title 26. Elections Page 125

4. a. the Statement of Candidacy shall be accompanied by a

petition supporting a candidate's filing,

b. the form of the petition shall be prescribed by the

Secretary of the State Election Board. Each page of

the petition must contain the names of registered

voters from a single county,

c. the petition shall bear the same number of signatures

of registered voters that is required to form a

recognized political party as described in Section 1-

108 of this title,

d. within thirty (30) days after receipt of the petition,

the Secretary of the State Election Board shall

determine the sufficiency of the petition,

e. in lieu of the petition required by this subsection, a

filing fee for each Presidential Elector committed to

the independent candidate for President of the United

States may be submitted in the form of a cashier's

check or certified check made payable to the Secretary

of the State Election Board. The filing fee for each

Presidential Elector shall be in an amount equal to

the filing fee described in Section 20-102 of this

title. The sum of the filing fees for each

Presidential Elector may be paid in a single cashier's

check or certified check. The filing fees shall be

deposited in the State Election Board Revolving Fund

created pursuant to Section 3-107 of this title; and

5. If the requirements set forth in this section are found by

the Secretary of the State Election Board to be sufficient, then the

independent candidate for President of the United States shall be

qualified to appear on the General Election ballot. The candidate

shall certify to the Secretary of the State Election Board the name

of the candidate's Vice Presidential running mate no later than the

deadline established in Section 10-101 of this title for the

certification by a recognized political party of its nominee for

Vice President of the United States.

B. A political party not recognized under the laws of the

State of Oklahoma may place its nominees for President of the United

States, Vice President of the United States and Presidential

Electors on the ballot subject to the same requirements,

restrictions and deadlines as provided for an independent candidate

for President of the United States. Provided, the national chair of

the unrecognized political party shall submit the Statement of

Candidacy on behalf of the unrecognized political party, and shall

provide the Secretary of the State Election Board with a separate

certificate of nomination for the unrecognized political party’s

nominees for President and Vice President of the United States, in a

Oklahoma Statutes - Title 26. Elections Page 126

form and manner prescribed by the Secretary of the State Election

Board.
Okla. Stat. tit. 26, § 26-6-107 — OK Code / Title 26 / Section 26-6-107
Order of names for absentee ballots for primary
Status: in_force

Immediately following the close of the filing period prescribed

by law, the Secretary of the State Election Board shall determine

the order in which the name of each candidate for each of the

offices shall appear on the absentee ballots printed for the Primary

Election. The determination shall be at a drawing conducted in a

public meeting in which the names of all candidates for each office

of each political party shall be drawn from a receptacle. In the

event that a candidate withdraws or is removed from the ballot as a

result of a successful contest of candidacy after the drawing is

conducted, the withdrawn or removed candidate shall be deleted and

the order of any remaining candidates in the race shall be adjusted

accordingly. The determination of the order of names of candidates

on absentee ballots printed by county election boards shall be made

in the same manner as provided heretofore for the State Election

Board.
Okla. Stat. tit. 26, § 26-14-104 — OK Code / Title 26 / Section 26-14-104
Time for return of absentee ballot to secretary of
Status: in_force

county election board.

Absentee ballots shall be returned to the secretary of each

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

election; provided, absentee ballots that are hand delivered to the

county election board as provided in Section 14-108 of this title

shall be delivered no later than the end of regular business hours

on the day prior to the date of the election.
Okla. Stat. tit. 26, § 26-21-101 — OK Code / Title 26 / Section 26-21-101
Unitary, unified, integrated system of election
Status: in_force

administration - Implementation – Procedures.

A. The Secretary of the State Election Board is hereby

authorized beginning July 1, 1989, to purchase equipment for and

implement a unitary, unified, integrated system of election

administration for the State of Oklahoma that includes an electronic

data processing system for maintenance of voter registration

records, certification of election results and other election-

related applications, and the installation of electronic, optical

scanning voting devices compatible with the same system in every

precinct polling place.

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

adopt procedures consistent, insofar as practicable, with existing

law for implementation of the system.

C. Except as provided in subsection A of this section, no

electronic data processing applications shall be implemented by a

county election board, nor shall voting devices be purchased by a

county, except for those electronic data processing applications and

voting devices already in use or for which a contract had been

signed by no later than March 31, 1986.

D. A new unitary integrated voting system described in

subsection A of this section that is implemented on or after January

1, 2023, shall be required to report the official election returns

of each election by precinct, including, but not limited to, all

votes cast in person and by absentee ballot.
Okla. Stat. tit. 26, § 26-6-112 — OK Code / Title 26 / Section 26-6-112
Identification of ballot as to precinct
Status: in_force

All ballots for Primary, Runoff Primary and General Elections

must be designated in such a manner as the Secretary of the State

Election Board may prescribe to achieve the identification of a

ballot for a particular precinct.
Okla. Stat. tit. 26, § 26-20-101 — OK Code / Title 26 / Section 26-20-101
Date of primary - Other elections prohibited
Status: in_force

A. A Presidential Preferential Primary for recognized political

parties shall be held on the first Tuesday in March in each of the

years in which the President and Vice President of the United States

are to be elected.

B. If one or more states having a mutual boundary with this

state establish a single date for a regional primary, the State

Election Board is authorized to change the date of the Oklahoma

primary to the date established for the regional primary, as long as

the date is not before the first Tuesday in March.

C. No county, municipality, school district or other entity

authorized by law to call elections shall schedule an election on

any date during the twenty (20) days immediately preceding the date

of any such Primary Election. However, this subsection shall not

apply to home rule municipalities.
Okla. Stat. tit. 26, § 26-2-107.1 — OK Code / Title 26 / Section 26-2-107.1
Contracts for inspections, training and other
Status: in_force

functions.

The Secretary of the State Election Board is hereby authorized

to enter into contracts with the secretary, assistant secretary,

chief clerk or other personnel of a county election board, or other

persons with similar qualifications, for such purposes as conducting

inspections of county election boards, training and other functions

which he deems necessary.
Okla. Stat. tit. 26, § 26-4-118.1 — OK Code / Title 26 / Section 26-4-118.1
National Change of Address dataset
Status: in_force

A. Any state agency that purchases, subscribes to, or is an

authorized or licensed user of the United States Postal Service's

Oklahoma Statutes - Title 26. Elections Page 61

National Change of Address dataset is authorized to share the

records from the dataset with the State Election Board.

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

utilize records from the United States Postal Service's National

Change of Address dataset to determine if a registered voter in the

State of Oklahoma has changed his or her address of residence.

C. Subject to available funding, the Secretary of the State

Election Board is authorized to mail a notice to any registered

voter whose records in the National Change of Address dataset

indicate he or she may have changed his or her address of residence.

Such notice shall advise the voter of the requirement to be

registered at the voter's address of residence, and shall include

information and forms necessary to enable the voter to transfer his

or her voter registration to a new address of residence.

D. For the purposes of this section, "National Change of

Address dataset" shall refer to any dataset of change-of-address

records consisting of the names and addresses of individuals,

families and businesses who have filed a change-of-address with the

United States Postal Service.
Okla. Stat. tit. 26, § 26-7-102.1 — OK Code / Title 26 / Section 26-7-102.1
Precinct registry - Duty to provide
Status: in_force

A. Prior to the day of the election, it shall be the duty of

the secretary of the county election board to prepare for each

precinct where an election is to be held in the county, a written or

electronic precinct registry which shall contain information on all

registered voters in the precinct as prescribed by the Secretary of

the State Election Board. The information which is or would be

contained in such a registry shall at all times be public

information.

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

use of electronic precinct registries by one or more county election

boards. Subject to available funding, the Secretary may purchase

any equipment and software necessary to implement an electronic

precinct registry system. The Secretary shall promulgate rules as

necessary to implement, operate and maintain security for a system

of electronic precinct registries.
Okla. Stat. tit. 26, § 26-16-104.1 — OK Code / Title 26 / Section 26-16-104.1
Ballot harvesting - Felony
Status: in_force

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

conspire to engage in absentee ballot harvesting, as defined in

Section 1 of this act, involving ten or more absentee ballots at any

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

State Election Board or a political subdivision of this state.

B. It shall be a felony 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 ten or more absentee

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

board, the State Election Board or a political subdivision of this

state.
Okla. Stat. tit. 26, § 26-5-129 — OK Code / Title 26 / Section 26-5-129
Answer to contest - Deposit required
Status: in_force

Should the contestee desire to appear in answer to said contest,

said contestee shall be required, at the time of filing his answer,

or, if no answer is filed, at the time of his appearance, to deposit

with the secretary of the election board a cashier's check or

certified check in the same amount as that filed by the petitioner.
Okla. Stat. tit. 26, § 26-10-106 — OK Code / Title 26 / Section 26-10-106
Certificates of Election
Status: in_force

Certificates of Election issued by the State Election Board to

Presidential Electors shall be transmitted to such electors by the

Governor.
Okla. Stat. tit. 26, § 26-22-101 — OK Code / Title 26 / Section 26-22-101
Declaration of election emergency - Contingency plan
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 194

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

declare an election emergency for any area of the state in the event

that one or more of the following circumstances has occurred or is

imminent, and such circumstances could make substantial compliance

with state and federal election laws impossible or unreasonable, or

could disrupt voter registration, voting, the tabulation of votes or

the certification of election results:

1. A national or local emergency, either natural or manmade;

2. Interference with election technology or election computer

systems or networks;

3. A physical attack or physical threat to polling places,

election offices, election officials or voters;

4. A security threat verified by federal or state security

officials;

5. A criminal threat or activity verified by federal, state or

local law enforcement officials; or

6. A major failure of voting hardware, software or computer

systems or networks.

The declaration must be made in writing and must specify the

county or counties, election or elections and dates covered by the

emergency.

B. The Secretary of the State Election Board shall coordinate

with the Oklahoma National Guard, the State Chief Information

Officer, the Office of Emergency Management, the Oklahoma Office of

Homeland Security and such other federal or state security officials

the Secretary deems appropriate, to develop a contingency plan for a

major election emergency.

C. The Secretary of the State Election Board may request the

assistance of the Oklahoma National Guard in the conduct of an

election during a declared election emergency, upon approval of the

Governor. Such assistance shall not be deemed to be in violation of

the provisions of Section 16-113 of this title or Section 4 of

Article II or Section 5 of Article III of the Oklahoma Constitution.

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

promulgate rules and procedures for elections conducted under an

election emergency declaration consistent with purposes of state and

federal election laws.
Okla. Stat. tit. 26, § 26-2-112 — OK Code / Title 26 / Section 26-2-112
Secretary appointed by State Election Board
Status: in_force

The State Election Board shall appoint the secretary of each

county election board. The State Election Board shall have the

authority to remove the secretary of any county election board at

any time.
Okla. Stat. tit. 26, § 26-7-129.1 — OK Code / Title 26 / Section 26-7-129.1
Ballots mutilated by electronic counting equipment to
Status: in_force

be counted.

In the event ballots are counted electronically by a voting

device, writing or other marks on the ballot shall not invalidate a

ballot or any portion of the ballot, provided the ballot is properly

marked otherwise so that it may be counted by the voting device

according to law.
Okla. Stat. tit. 26, § 26-7-105 — OK Code / Title 26 / Section 26-7-105
Delivery of supplies and ballots
Status: in_force

No later than 6:30 a.m. on the day of the election, the precinct

officials shall assemble at the polling place. The inspector shall

deliver supplies and ballots required by law for the election at

said time.
Okla. Stat. tit. 26, § 26-3-105 — OK Code / Title 26 / Section 26-3-105
Costs of county elections
Status: in_force

All costs for any county election not held concurrently with a

state election shall be paid from county funds.
Okla. Stat. tit. 26, § 26-4-120.2 — OK Code / Title 26 / Section 26-4-120.2
See the following versions:
Status: in_force

Oklahoma Statutes - Title 26. Elections Page 63

OS 26-4-120.2v1 (HB 3419, Laws 2022, c. 282, § 19).

OS 26-4-120.2v2 (HB 3365, Laws 2022, c. 293, § 4).
Okla. Stat. tit. 26, § 26-13A-106 — OK Code / Title 26 / Section 26-13A-106
Eligibility to be candidate for school board -
Status: in_force

Eligibility to vote.

A. To be eligible to be a candidate for member of the board of

education of a school district or technology center school district,

a person must have resided in the district or, if the board seat is

in an independent district, have resided in that district for at

least six (6) months preceding the first day of the filing period,

and have been a registered voter registered with the county election

board at an address located within the geographical boundaries of

the district for six (6) months preceding the first day of the

filing period. Beginning May 1, 1990, no person shall be eligible

to be a candidate for or elected to be a member of the board of

education of a school district or technology center school district

unless the person has been awarded a high school diploma or

certificate of high school equivalency. In school districts that

are divided into election districts, a candidate must have resided

in the district for at least six (6) months preceding the first day

of the filing period and have been a registered voter registered

with the county election board at an address located within the

geographical boundaries of the election district for six (6) months

preceding the first day of the filing period. Beginning May 1,

1990, no person shall be eligible to be a candidate for or elected

to be a member of the board of education unless the person has been

awarded a high school diploma or certificate of high school

equivalency.

B. To be eligible to vote in a school district election or a

technology center school district election, a person must be

registered with the county election board at an address located

within the geographical boundaries of the district. To be eligible

to vote in an election district election within a school district, a

person must be registered with the county election board at an

address located within the geographical boundaries of the election

district.
Okla. Stat. tit. 26, § 26-1-101 — OK Code / Title 26 / Section 26-1-101
General elections
Status: in_force

On the first Tuesday succeeding the first Monday of November,

1976, and every four (4) years thereafter, a General Election shall

be held, at which time electors for President and Vice President

shall be elected. On said date, and every two (2) years thereafter,

United States Senators and United States Representatives, whose

terms expire before the next succeeding General Election, and state,

district and county officers, whose terms expire before the next

succeeding General Election, shall be elected. No county,

municipality or school district shall schedule an election on any

date during the twenty (20) days immediately preceding the date of

any such General Election.
Okla. Stat. tit. 26, § 26-13-108 — OK Code / Title 26 / Section 26-13-108
Eligible voters
Status: in_force

Only registered voters who reside within the municipal limits of

any municipality shall be permitted to vote in any election held for

said municipality.
Okla. Stat. tit. 26, § 26-22-102 — OK Code / Title 26 / Section 26-22-102
Ballot printing
Status: in_force

In an election emergency declared by the Secretary of the State

Election Board, the provisions of Section 6-101 et seq. of this

title shall govern ballot printing. The Secretary of the State

Election Board shall be authorized to permit any changes to the

ballot format necessary as a result of the election emergency.

Oklahoma Statutes - Title 26. Elections Page 195
Okla. Stat. tit. 26, § 26-16-123.1 — OK Code / Title 26 / Section 26-16-123.1
Witnessing signature of more than certain number of
Status: in_force

affidavits of persons swearing incapacitation - Violation.

Oklahoma Statutes - Title 26. Elections Page 189

Any person, except members of absentee voting boards, who

witnesses the signature of more than five affidavits of persons who

swear they are physically incapacitated and unable to vote in person

at their precinct on election day shall, upon conviction, be deemed

guilty of a misdemeanor.
Okla. Stat. tit. 26, § 26-8-107 — OK Code / Title 26 / Section 26-8-107
Right to certificate
Status: in_force

Right to a Certificate of Election shall not be considered a

property right to any extent whatsoever, unless and until such right

to such certificate shall be determined, and such certificate issued

as hereinafter provided.
Okla. Stat. tit. 26, § 26-3-121 — OK Code / Title 26 / Section 26-3-121
Voting devices - Ballot boxes
Status: in_force

There shall be one voting device and ballot box for each

precinct. Each voting device shall be equipped with an opening

through which a ballot may be inserted, counted and deposited into

an attached ballot box which must be constructed in such a manner

that the box must be unlocked before the ballots can be removed.
Okla. Stat. tit. 26, § 26-11-103 — OK Code / Title 26 / Section 26-11-103
Terms of office
Status: in_force

If the term of the office to which the judicial officer was

appointed expires on the second Monday in January following the

election, the election shall be for a term of six (6) years

beginning on the second Monday in January following the election. If

the term for such office does not expire on the second Monday in

January following the election, the election shall be for the

unexpired term of the office to which he was appointed. If the term

of office to which the judicial officer was appointed expires before

Oklahoma Statutes - Title 26. Elections Page 129

such officer must file a Declaration of Candidacy to be retained in

office, the election shall be for the remainder of the six-year term

which follows the term during which he was appointed.
Okla. Stat. tit. 26, § 26-3-115 — OK Code / Title 26 / Section 26-3-115
Establishment of precincts - Map of precinct required
Status: in_force

A. It shall be the duty of the secretary of each county

election board to establish boundaries for voting precincts in the

county.

B. Proposed changes to precinct boundaries shall be presented

at a public meeting of the county election board, and shall require

the approval of the county election board by majority vote prior to

implementation.

C. A large map showing the precincts shall be maintained in the

county election board office at all times.
Okla. Stat. tit. 26, § 26-6-120 — OK Code / Title 26 / Section 26-6-120
Contracts for ballots - Advertising for bids
Status: in_force

The State Election Board is authorized to contract with the

Office of Management and Enterprise Services for all ballots

required by the State Election Board. If ballots are not printed by

the Office of Management and Enterprise Services, the State Election

Board and each county election board, for required ballot printing,

shall cause advertisement for bids for printing of all ballots to be

made, and shall provide specifications and copy for the ballots. A

contract for printing the ballots shall be awarded to the lowest and

best bidder or to the bidder evaluated as "best value" in accordance

with The Oklahoma Central Purchasing Act. The successful bidder

shall be required to provide a copy of the bidder's certificate of

insurance to the State Purchasing Director or the county purchasing

agent, as the case may be, in an amount as specified by the State

Purchasing Director or county purchasing agent at the time of

contract award to ensure proper and prompt completion of the work in

accordance with the provisions of the contract and bidding

documents. The successful bidder shall provide proof of insurance

coverage for the duration of the contract.

Oklahoma Statutes - Title 26. Elections Page 88
Okla. Stat. tit. 26, § 26-8-111 — OK Code / Title 26 / Section 26-8-111
Petition for recount - Deposit required - Service of
Status: in_force

notice - Recounts of issue or question elections.

A. 1. In the event a candidate or individual authorized to

request a recount requests a recount of the ballots cast in an

election, it must set forth in the petition the precincts and

absentee ballots which are to be recounted.

2. The petition must be accompanied by either a cashier's check

or certified check for each county affected by the petition.

3. The candidate or individual may indicate in the petition

requesting the recount that the candidate or individual desires to

have the ballots recounted manually or by electronic voting devices.

Failure by the candidate or individual to state such preference for

a manual recount in the petition shall result in a recount by

electronic voting devices.

4. a. If the candidate or individual requests that the

ballots be recounted manually, the petition must be

accompanied by a cashier's check or certified check in

the amount of Six Hundred Dollars ($600.00) for each

three thousand (3,000) ballots or fraction thereof, to

be recounted for each county affected.

b. If the candidate or individual requests that the

ballots be recounted by electronic device, the

petition must be accompanied by a cashier's check or

certified check in the amount of Six Hundred Dollars

($600.00) for the first three thousand (3,000) ballots

or fraction thereof and Three Hundred Dollars

($300.00) for each additional five thousand (5,000)

ballots or fraction thereof, to be recounted for each

affected county.

5. If the petition for a recount is filed with the State

Election Board, the petition must be accompanied by a cashier's

check in the amount of Three Hundred Dollars ($300.00) in addition

to the amounts required in paragraph 4 of this subsection.

6. In elections involving candidates, an additional deposit

equal to the total of the deposits required by paragraphs 2, 4 and 5

of this subsection shall be required if the margin between the

first-place candidate and second-place candidate is ten percent

(10%) or greater. Provided, in a Primary Election involving three

or more candidates where a Runoff Primary may be required, and where

the margin between the second-place candidate and third-place

candidate is less than one percent (1%), or where the first-place

candidate is one percent (1%) above or below a majority, then no

additional deposit shall be required.

Oklahoma Statutes - Title 26. Elections Page 112

7. For an election involving candidates, 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 petition may only be filed by a

candidate whose name was printed on the ballot for that office in

that election.

8. When such petition is properly filed, it shall be the duty

of the secretary of the appropriate election board to order the

recount to begin not less than three (3) nor more than ten (10) days

from the date of filing of the petition.

9. a. In elections involving candidates, it shall be the

duty of such contestant to cause to be served upon the

opposing candidate or candidates, and directly

affected by the contest, a true copy of the petition

and a true copy of the order.

b. Service shall be made in person where possible, within

twenty-four (24) hours after the filing of the

original petition of contest. Service shall be made

by the sheriff of the county as to all offices, except

that of sheriff, in which case the same shall be

served by the county clerk and the certificate of

returns of such sheriff or county clerk, showing the

inability to make such service within the above-

mentioned time, shall be deemed sufficient proof of

the absence of such candidate, or candidates, or the

inability to serve such notice upon the candidate, and

to justify the constructive service hereafter

provided.

c. Where personal service is impossible, within the time,

it is hereby made the duty of the contestant to serve

true copies upon the secretary of the appropriate

election board. Provided that for the purpose of such

constructive service, the secretaries of the county

election boards are hereby made and constituted the

service agents for all contests of elections filed in

accordance herewith. By filing declaration of

candidacy for election, a candidate shall thereby be

conclusively presumed to have accepted the terms and

provisions hereof and specifically the aforesaid

constructive service. When constructive service

becomes necessary, constructive service shall be made

at the date, time and place of the hearing.

B. For elections on issues or questions when no candidate is

involved and a majority is required for approval, recounts shall be

authorized only when:

1. The margin of votes between those for and those against the

issue is one hundred fifty (150) or less when fifteen thousand

Oklahoma Statutes - Title 26. Elections Page 113

(15,000) or more total votes are counted for and against the issue

or question; or

2. The margin of votes between those for and those against the

issue is one percent (1%) or less of the total number of votes cast

on the issue when fourteen thousand nine hundred ninety-nine

(14,999) or fewer total votes are cast for and against the issue or

question.

Provided, furthermore, that a recount is authorized only after an

individual, who is a registered voter and who participated in the

election, presents to the appropriate county election board a

petition signed by one hundred fifty (150) registered voters who

participated in the election when fifteen thousand (15,000) or more

total votes are counted for and against the question, or if fourteen

thousand nine hundred ninety-nine (14,999) or fewer votes are cast

for and against the issue, by a number of registered voters who

participated in the election equal to one percent (1%) or more of

the total votes cast for and against the issue.

C. For elections on issues or questions when no candidate is

involved and more than a majority is required for approval, recounts

shall be authorized only when:

1. The margin of votes between those for the issue and the

number required for approval is one hundred fifty (150) or less when

fifteen thousand (15,000) or more total votes are counted for and

against the issue or question; or

2. The margin of votes between those for the issue and the

number required for approval is one percent (1%) or less of the

total number of votes cast on the issue when fourteen thousand nine

hundred ninety-nine (14,999) or fewer total votes are cast for and

against the issue or question.

Provided, furthermore, that a recount is authorized only after an

individual, who is a registered voter and who participated in the

election, presents to the appropriate county election board a

petition signed by one hundred fifty (150) registered voters who

participated in the election when fifteen thousand (15,000) or more

total votes are counted for and against the question, or if fourteen

thousand nine hundred ninety-nine (14,999) or fewer votes are cast

for and against the issue, by a number of registered voters who

participated in the election equal to one percent (1%) or more of

the total votes cast for and against the issue.

D. Within twenty-four (24) hours after a petition required in

subsections B and C of this section is filed, not counting Saturday,

Sunday or legal holidays, the secretary of the county election board

who received the petition shall determine, pursuant to rules

promulgated by the Secretary of the State Election Board, if the

petition contains a sufficient number of valid signatures of

registered voters who participated in the election.

Oklahoma Statutes - Title 26. Elections Page 114

E. Recounts of issue or question elections shall not be

permitted of any statewide election, except as follows:

1. The Governor or the Attorney General may request a recount

of any state question. The request shall be in the form of a

petition prescribed by the Secretary of the State Election Board.

The petition shall be filed with the Secretary of the State Election

Board no later than the deadline provided in Section 8-109 of this

title, and the petition shall be accompanied by a cashier's check or

certified check in the amount required by subsection A of this

section.

2. Subject to available funding, the Secretary of the State

Election Board shall order an automatic recount of a state question

if:

a. the margin of votes required for approval is one-half

of one percent (1/2 of 1%) or less of the total number

of votes cast for and against a state question

involving a statutory issue or question, and

b. the margin of votes required for approval is one

percent (1%) or less of the total number of votes cast

for and against a state question involving a

constitutional issue or question.

For the purposes of this paragraph, "available funding" shall mean a

balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more

in the State Question Recount Revolving Fund as of the date of the

election.

3. Unless otherwise provided in this subsection, the general

laws governing recounts shall be applicable to such recounts.

4. The Secretary of the State Election Board shall determine

the dates and times each county election board shall begin a recount

pursuant to this subsection. Provided, such a recount shall be

concluded no later than forty-five (45) days after the date of the

election.

5. The Secretary of the State Election Board may prescribe such

rules and procedures as may be necessary to implement the provisions

of this subsection.

F. There is hereby created in the State Treasury a revolving

fund for the State Election Board to be designated the "State

Question Recount Revolving Fund". The fund shall consist of monies

appropriated by the Legislature.

1. The revolving fund shall be a continuing fund, not subject

to fiscal year limitations, provided that at no point shall the

balance in the fund exceed Five Hundred Thousand Dollars

($500,000.00) and shall be under the administrative direction of the

Secretary of the State Election Board. Fees collected each fiscal

year in excess of the Five Hundred Thousand Dollars ($500,000.00)

balance limitation shall be placed to the credit of the State

Election Board Revolving Fund.

Oklahoma Statutes - Title 26. Elections Page 115

2. Expenditures from the fund shall be limited to:

a. the costs of the State Election Board directly related

to conducting a recount of a state question pursuant

to paragraph 2 of subsection E of this section, and

b. reimbursements to county election boards for costs

directly related to conducting a recount of a state

question pursuant to paragraph 2 of subsection E of

this section.

3. Warrants for expenditures from said fund shall be drawn by

the State Treasurer, based on claims signed by employees authorized

by the Secretary of the State Election Board and approved for

payment by the Director of the Office of Management and Enterprise

Services.

4. All interest earned on the balance of funds in the State

Question Recount Revolving Fund shall be deposited by the State

Treasurer into the fund on a monthly basis.
Okla. Stat. tit. 26, § 26-4-101 — OK Code / Title 26 / Section 26-4-101
Persons entitled to become registered voters -
Status: in_force

Exceptions.

Oklahoma Statutes - Title 26. Elections Page 46

Every person who is a qualified elector as defined by Section 1

of Article III of the Oklahoma Constitution shall be entitled to

become a registered voter in the precinct of his or her residence,

with the following conditions:

1. Persons convicted of a felony shall be eligible to register

to vote when they have:

a. fully served their sentence of court-mandated calendar

days or had their sentence discharged, including any

term of incarceration, parole or supervision, or

completed a period of probation ordered by any court,

b. received a commutation that reduced the sentence of

any active felony conviction to time served pursuant

to federal or state law and have no other outstanding

sentence under any other felony conviction,

c. received a commutation pursuant to subsection F of

Section 332.2 of Title 57 of the Oklahoma Statutes for

a crime that has been reclassified from a felony to a

misdemeanor and has no remaining time to serve,

including:

(1) any incomplete term of incarceration,

(2) any remaining parole or supervision, or

(3) any incomplete period of probation, or

d. been granted a pardon pursuant to federal or state law

and have no other outstanding sentence under any other

felony conviction; and

2. Any person who has been adjudged to be an incapacitated

person as such term is defined by Section 1-111 of Title 30 of the

Oklahoma Statutes shall be ineligible to register to vote. When

such incapacitated person has been adjudged to be no longer

incapacitated such person shall be eligible to become a registered

voter. The provisions of this paragraph shall not prohibit any

person adjudged to be a partially incapacitated person as such term

is defined by Section 1-111 of Title 30 of the Oklahoma Statutes

from being eligible to register to vote unless the order adjudging

the person to be partially incapacitated restricts such person from

being eligible to register to vote.
Okla. Stat. tit. 26, § 26-5-109 — OK Code / Title 26 / Section 26-5-109
Adopting name of person of state or national reputation
Status: in_force

prohibited.

No person may become a candidate for any office who adopts or

has adopted the name of any person of state or national reputation,

living or dead.
Okla. Stat. tit. 26, § 26-3-113 — OK Code / Title 26 / Section 26-3-113
Instructions to voters
Status: in_force

Instructions to voters describing the manner for casting one’s

vote shall be posted outside each polling place and inside each

voting booth. Said instructions shall be prescribed by the

Secretary of the State Election Board and shall include all

information required by federal or state law.