reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 26. Elections › §26-7-108. Electioneering prohibited.

A. No person shall be allowed to electioneer within three hundred (300) feet of the entrance to a polling place or in-person absentee voting site or a person who is standing in line to vote outside the polling place or in-person absentee voting site while an election is in progress. No person or persons except election officials, voters registered and voting at the polling place or in-person absentee voting site, a minor child or dependent accompanying such voters and other persons authorized by law shall be allowed to remain inside the election enclosure or within fifty (50) feet of the entrance to a polling place or in-person absentee voting site while an election is in progress. No printed material other than that provided by the election board shall be publicly placed or exposed within three hundred (300) feet of the entrance to a polling place or in-person absentee voting site while an election is in progress.
B. For purposes of this title:
1. “Electioneering” means:
a.
advocating directly for or against a candidate or question that is or will be on the ballot at any election, either verbally or with visual materials, signs or clothing, audio recordings, electronic communication, or any other type of communication, or
b.
collecting signatures for a petition to place an issue or question on a future ballot or soliciting contact information or distributing information for any candidate or issue that might be on a future ballot; and
2. “Election enclosure” means the areas of a polling place where voters sign the precinct registry and are issued ballots, where voting booths are located, where a voting device or ballot box is located, and any room, hallway or other space wherein such activities take place.
Added by Laws 1974, c. 153, § 7-108, operative Jan. 1, 1975. Amended by Laws 2023, c. 190, § 1, emerg. eff. May 2, 2023.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-108.1. Exit poll - Notice.

Any person desiring to conduct an exit poll within three hundred (300) feet of any ballot box shall notify the secretary of the county election board of his intentions to do so no later than 5 p.m. on the Wednesday preceding the election.
Added by Laws 1987, c. 126, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-108.2. Exit poll pollster - Identification.

Any person conducting an exit poll within three hundred (300) feet of any ballot box, hereinafter referred to as "pollster", shall display identification prescribed by the Secretary of the State Election Board at all times he is conducting the poll. The identification shall be provided to the pollster by the secretary of the county election board.
Added by Laws 1987, c. 126, § 2, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-108.3. Pollster restrictions - Violation deemed misdemeanor.

The prohibition against electioneering contained in Section 7-108 of this title shall apply to any pollster. No pollster shall be permitted 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.
Added by Laws 1987, c. 126, § 3, eff. Nov. 1, 1987. Amended by Laws 2004, c. 307, § 5, emerg. eff. May 17, 2004; Laws 2023, c. 190, § 2, emerg. eff. May 2, 2023.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-108.4. Pollsters - Written polling materials - Restrictions on oral interviews and recordings.

A pollster shall be limited to written polling materials. Any oral interviews of voters or recording by electronic means shall be no closer than one hundred fifty (150) feet to any ballot box.
Added by Laws 1987, c. 126, § 4, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-109. Disclosure of vote within election enclosure - Prohibition – Sharing of digital image or photograph - Admissibility as evidence.

No person shall, within the election enclosure, disclose to any other person how he or she voted; nor shall any person expose his or her ballot to any other person within the election enclosure. A voter may take a digital image or photograph of his or her marked ballot and distribute or share the image via social media or by any other means if performed voluntarily and in compliance with state and federal law. Testimony as to how any individual cast his or her ballot, whether or not said ballot was lawfully cast, shall not be admissible as evidence in any court of law or public hearing in this state.
Added by Laws 1974, c. 153, § 7-109, operative Jan. 1, 1975. Amended by Laws 1979, c. 61, § 1; Laws 2019, c. 457, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-110. Intoxicating liquor prohibited.

No person shall take intoxicating liquors of any kind or quantity to within one-half (1/2) mile of any polling place on an election day. No person shall attend an election or be within three hundred (300) feet of a polling place in an intoxicated condition on an election day.
Laws 1974, c. 153, § 7-110, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-111. Voter must use ballot they were issued.

No person shall vote any ballot except such ballot issued to the voter by the precinct officials, and each ballot cast must be voted without removing same from the polling place.
Added by Laws 1974, c. 153, § 7-111, operative Jan. 1, 1975. Amended by Laws 2019, c. 491, § 25, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-112. Persons allowed in enclosure - News reporter or photographer.

At no time during the hours of voting shall any person, other than the election officials and other persons authorized by law, be allowed inside the election enclosure except for one registered voter in each voting booth and one other registered voter for each voting booth. However, a news reporter or photographer may, in the course of covering the election being conducted, be allowed inside the election enclosure for a period not to exceed five (5) minutes. Such reporter or photographer shall not interfere with voters or election officials and shall neither observe any individual voter while the voter marks a ballot nor photograph any voter who is marking a ballot.
Added by Laws 1974, c. 153, § 7-112, operative Jan. 1, 1975. Amended by Laws 2004, c. 307, § 6, emerg. eff. May 17, 2004.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-115. Absentee ballot affidavit.

If a registered voter has requested an absentee ballot, he shall be required by the judge to sign an affidavit swearing or affirming that he has not cast such absentee ballot and is entitled to vote in person.
Laws 1974, c. 153, § 7-115, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-115.1. Address confirmation form – Persons required to complete.

Before being issued a ballot during in-person absentee voting or at the voter's precinct or when applying for an absentee ballot, the following voters shall be required to complete an address confirmation form prescribed by the Secretary of the State Election Board:
1. An inactive voter;
2. A voter identified by the Secretary of the State Election Board as possibly having changed his or her residence based on National Change of Address data;
3. A voter with an invalid address as defined in subsection B of Section 4-113 of this title or who has had a voter identification card returned to the county election board by the United States Postal Service as undeliverable.
Added by Laws 1997, c. 177, § 3, eff. Nov. 1, 1997. Amended by Laws 2015, c. 377, § 4, eff. Jan. 1, 2016; Laws 2022, c. 293, § 7, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-117. Signing precinct registry.

A. Persons who have been determined to be eligible to vote shall sign, in the presence of the clerk, the proper precinct registry. The clerk shall then issue proper ballots to the person. The voter’s signature on the precinct registry shall be the best evidence of the voter’s having voted at said election.
B. Precinct registries including data from electronic precinct registries, shall be retained by the county election board for a period of twenty-four (24) months following the election and shall be subject to public inspection.
Added by Laws 1974, c. 153, § 7-117, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 10, emerg. eff. June 6, 1983; Laws 1990, c. 331, § 16, eff. July 1, 1990; Laws 2021, c. 139, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-119. Manner of voting.

The voter shall vote by marking the ballot as prescribed by the Secretary of the State Election Board for the party of his choice or for the candidates of his choice or for the answer he desires to select on each question.
Laws 1974, c. 153, § 7-119, operative Jan. 1, 1975; Laws 1991, c. 321, § 19, eff. March 1, 1992.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-120. Secrecy folders.

Before leaving the voting booth, the voter may insert the ballot into a secrecy folder in such a manner that the voter’s votes cannot be seen. The voter then shall insert the ballot in the voting device. The voter thereupon shall immediately leave the polling place.
Added by Laws 1974, c. 153, § 7-120, operative Jan. 1, 1975. Amended by Laws 1978, c. 80, § 1, operative July 1, 1978; Laws 1991, c. 321, § 20, eff. March 1, 1992; Laws 1993, c. 316, § 7, eff. Sept. 1, 1993; Laws 2010, c. 189, § 15, eff. Jan. 1, 2011; Laws 2011, c. 139, § 10.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-122. Spoiled ballots.

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 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.
Laws 1974, c. 153, § 7-122, operative Jan. 1, 1975; Laws 1991, c. 321, § 21, eff. March 1, 1992; Laws 1993, c. 316, § 8, eff. Sept. 1, 1993; Laws 2011, c. 139, § 11.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-123.1. Physical inability to enter election enclosure - Oath - Assistance.

When any voter states that he or she is able to reach the location of the polling place, but because of a physical disability or infirmity other than visual is unable to enter the election enclosure, the inspector shall administer an oath to the voter in which the voter shall swear to or affirm the fact of such disability or infirmity. Should a voter so qualify himself or herself, it shall be the duty of two (2) precinct officials, of different political parties, to give the voter such assistance as needed in voting. Such assistance shall afford as much privacy to the voter in marking ballots as is practical. The precinct officials assisting in such voting shall make a written record of the circumstances involved.
Added by Laws 1981, c. 116, § 1, operative July 1, 1981. Amended by Laws 2019, c. 491, § 26, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-123.3. Voter who requires assistance to vote.

Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. The Secretary of the State Election Board shall prescribe procedures to be used that require such voters to swear or affirm that such assistance is required and that require the person providing such assistance to swear or affirm that the voter's ballots are being voted in accordance with the voter's wishes.
Added by Laws 1983, c. 171, § 23, emerg. eff. June 6, 1983.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-127. Rules governing counting.

The following rules shall govern the counting and recounting of votes:
1. If the name of any person is written on a ballot, the name shall not be counted;
2. A valid vote shall be any mark prescribed by the Secretary of the State Election Board made by voters indicating the voter's choice of party, candidate or issue on a ballot. Such marking shall be hereinafter referred to as "valid markings". Such valid markings located otherwise on the ballot shall not be counted;
3. Marks used to designate the intention of the voter, other than those herein defined as valid markings, shall not be counted;
4. Failure to properly mark a ballot as to one or more candidates or questions shall not of itself invalidate the entire ballot if the same has been properly marked as to other candidates or questions;
5. A valid marking marked for a political party shall be counted as a vote for each of the political party's candidates on that ballot, except that a valid marking marked for a candidate's name shall take precedence, for that office, over a valid marking for a political party. Provided, further, that if valid markings are marked for more than one political party on a ballot, the ballot shall not be counted for any party offices thereon; and
6. Any ballot or part of a ballot on which it is impossible to determine the voter's choice of candidate shall be void as to the candidate or candidates thereby affected.
Added by Laws 1974, c. 153, § 7-127, operative Jan. 1, 1975. Amended by Laws 1978, c. 57, § 2, emerg. eff. March 17, 1978; Laws 1983, c. 171, § 11, emerg. eff. June 6, 1983; Laws 1991, c. 321, § 23, eff. March 1, 1992; Laws 2010, c. 189, § 16, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-129.1. Ballots mutilated by electronic counting equipment to be counted.

In the event ballots are counted electronically by a voting device, writing or other marks on the ballot shall not invalidate a ballot or any portion of the ballot, provided the ballot is properly marked otherwise so that it may be counted by the voting device according to law.
Added by Laws 1984, c. 38, § 1, operative July 1, 1984.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-129.2. Substitute ballots.

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 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.
Added by Laws 1984, c. 38, § 2, operative July 1, 1984. Amended by Laws 1991, c. 321, § 24, eff. March 1, 1992; Laws 2011, c. 139, § 12; Laws 2013, c. 200, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-130. Watchers - Commission - Duties - Violation deemed misdemeanor.

Any candidate or any recognized political party shall be entitled to have a watcher present at any place where an official count is being conducted. Such watcher must be commissioned in writing by the candidate, or by the chair of the recognized political party of the county in which the watcher is being authorized. Such commission must be filed with the secretary of the appropriate county election board no later than 5:00 p.m. on Wednesday preceding the election. Watchers must subscribe to an oath to observe all laws and rules prescribed for watchers as hereinafter provided. Such oath must be administered by the inspector of the precinct in which the watcher is authorized. Watchers shall be entitled to observe the voting device both before the polls are opened and after the polls are closed; provided, further, that such watchers shall not be present at the polling place at other times. Watchers may be commissioned to observe voting device testing and to accompany personnel assigned to repair or maintain machines during the period of the election. In such case, the watchers shall be limited to observing the repair or maintenance work being performed and making a written record of such work. All watchers shall only appear in person and the use of watchers via electronic devices is prohibited. Any watcher who violates the law prescribed for watchers shall be deemed guilty of a misdemeanor.
Added by Laws 1974, c. 153, § 7-130, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 13, emerg. eff. June 6, 1983; Laws 1990, c. 306, § 5, emerg. eff. May 30, 1990; Laws 1991, c. 321, § 25, eff. March 1, 1992; Laws 1995, c. 290, § 11, eff. Nov. 1, 1995; Laws 2004, c. 307, § 7, emerg. eff. May 17, 2004; Laws 2010, c. 189, § 17, eff. Jan. 1, 2011; Laws 2022, c. 291, § 2.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-132. Certificate of vote - Electronic results of election results storage medium.

After the last voter has voted, the inspector shall insert the key or other device in the voting device and obtain printouts of results from the election results storage medium. The Secretary of the State Election Board shall prescribe the number of such printouts to be obtained. The inspector, judge and clerk shall each sign all printouts which shall be certificates that the results of the precinct are true and correct. The printed certificate of vote and electronic results of the election results storage medium shall be official results of the precinct. The inspector shall cause one copy of each certificate to be posted on the door or entrance of the polling place . The secretary of the county election board shall cause the official results of the precinct to be transmitted forthwith to the Secretary of the State Election Board in the manner prescribed by the Secretary of the State Election Board.
Added by Laws 1974, c. 153, § 7-132, operative Jan. 1, 1975. Amended by Laws 1991, c. 321, § 26, eff. March 1, 1992; Laws 2010, c. 189, § 18, eff. Jan. 1, 2011; Laws 2016, c. 38, § 4.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-132.2. Voting devices - Removal and transfer of election results storage medium.

After the results have been printed from the election results storage medium, the voting device shall be unlocked and the seal removed from the election results storage medium compartment. The election results storage medium shall be removed and prepared for transfer to the county election board as prescribed by the Secretary of the State Election Board.
Added by Laws 1991, c. 2, § 5, emerg. eff. Feb. 25, 1991. Amended by Laws 2010, c. 189, § 19, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-133. Ballot cards - Certificate of vote - Return to county election board.

After certificates of vote have been printed, the ballot box shall be unlocked and all ballot cards and a copy of the signed certificate of vote shall be placed in a transfer case. Said transfer case shall be sealed, and the inspector shall return it, along with all other election materials and a copy of the certificate of vote, forthwith to the county election board.
Laws 1974, c. 153, § 7-133, operative Jan. 1, 1975; Laws 1991, c. 321, § 27, eff. March 1, 1992.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-134. Retention of transfer case.

The county election board shall not disturb anything in the transfer case, and the case shall remain sealed and retained by the secretary of the county election board until opened by court order or until it is necessary to open same for use at another election, at which time the ballots shall be destroyed; provided, however, that in no case shall the ballots be destroyed until thirty (30) days after the election at which they were cast. Provided, the secretary of the county election board shall be authorized to open a sealed transfer case for the purpose of conducting a post-election audit as described in Section 1 of this act.
Added by Laws 1974, c. 153, § 7-134, operative Jan. 1, 1975. Amended by Laws 1991, c. 321, § 28, eff. March 1, 1992; Laws 2011, c. 139, § 13; Laws 2019, c. 163, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-134.1. Voting devices - Recounts.

In counties using voting devices, if on election night the uncounted ballots in a precinct exceed two percent (2%) of the total number of persons voting in the precinct or if the voting device has malfunctioned in such a way that there are no totals on the printout or if the printout is illegible or if, due to the malfunction, properly cast ballots placed in the emergency bin were not processed through the device, the county election board is authorized to open the transfer case and to recount the ballots on election night using a preassigned voting device in public view and in the presence of a representative of the sheriff's office. Upon completion of the recount the transfer case shall be resealed by members of the county election board.
Added by Laws 1991, c. 2, § 7, emerg. eff. Feb. 25, 1991. Amended by Laws 2011, c. 139, § 14.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-136. Canvassing returns.

The county election board shall convene at the county courthouse, or at such other place as the county election board may designate on the day of each election, for the purpose of receiving the official precinct returns and shall remain in session until such precinct returns are all delivered. The board shall cause to be accumulated and listed the results of such election, as the official precinct returns are received, in a manner and upon forms prescribed by the Secretary of the State Election Board. The county election board shall use such precinct returns to certify the results of such election for county officers and questions and shall transmit electronically or in writing as prescribed by the Secretary of the State Election Board after 5 p.m. on Friday following the election to the State Election Board the completed county returns for all state officers and questions. Such county returns shall be prima facie evidence of the correctness of the result in the several counties. The State Election Board shall use such county returns to certify the results of such election for all state officers and questions after 5 p.m. on Tuesday next succeeding the election.
Added by Laws 1974, c. 153, § 7-136, operative Jan. 1, 1975. Amended by Laws 1991, c. 321, § 29, eff. March 1, 1992; Laws 2004, c. 545, § 9, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-137. Methods of sealing.

The State Election Board shall prescribe methods of sealing all ballots, all certificates of vote and all materials used in recording the count of the ballots in such a manner that any tampering with, or altering of same after said sealing has been accomplished can be detected.
Laws 1974, c. 153, § 7-137, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-7-138. Credit for voting and record of voting method used.

A. Following the election, the secretary of the county election board shall cause each registered voter who cast a ballot to be credited with voting in said election according to procedures specified by the Secretary of the State Election Board.
B. 1. The secretary of the county election board shall record a voter's method of voting for each voter in the voter credit described in subsection A of this section, but shall not disclose to the public the method of voting for any voter except as allowed in this subsection.
2. A voter's method of voting contained in the voter history record shall not be a public record except for an election held on the date of:
a.
a regularly scheduled federal or state election, or
b.
a statewide special election for a state question.
3. For the purposes of this section, "method of voting" shall mean an indication or identification of the method used by a voter to cast a ballot, including:
a.
in person on election day,
b.
in-person absentee,
c.
absentee, or
d.
any other method of voting authorized by law.
C. The Secretary of the State Election Board shall prescribe such procedures as may be necessary to implement the provisions of this section.
Added by Laws 1990, c. 331, § 17, eff. July 1, 1990. Amended by Laws 2004, c. 545, § 10, eff. July 1, 2005; Laws 2021, c. 195, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-101. Certifying nominees.

The county election board shall certify a list of nominees of each political party for county offices following the Primary and Runoff Primary Elections. The State Election Board shall certify a list of nominees of each political party for the offices for which the Board accepts filings of Declarations of Candidacy following the Primary and Runoff Primary Elections.
Laws 1974, c. 153, § 8-101, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-103. Certificates of election.

The county election board shall certify a list of successful candidates for county offices and shall provide Certificates of Election to the same following the General Election, except that Certificates of Election may be issued to unopposed candidates after 5 p.m. on the second day following the close of the filing period. The State Election Board shall certify a list of successful candidates for offices for which the Board accepts filings of Declarations of Candidacy and shall provide Certificates of Election to the same following the General Election, except that Certificates of Election may be issued to unopposed candidates after 5 p.m. on the second day following the close of the filing period.
Added by Laws 1974, c. 153, § 8-103, operative Jan. 1, 1975. Amended by Laws 1999, c. 88, § 9, emerg. eff. April 13, 1999.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-105. Tie votes.

A. When a tie vote is certified in the nomination or election of any candidate in any Runoff Primary, General Election or any Primary Election, the election board which is authorized by law to issue the certified list or certificate of election shall, at a public meeting of the board and in the presence of the candidates involved or their designee, if they or any of them desire to be present, select the nominee or electee by lot.
B. When a nominee or electee is to be selected by lot pursuant to the provisions of this section, the following procedures shall be observed:
1. The secretary of the appropriate election board shall, on or before the tenth day following the election, notify each of the tying candidates for which the vote was tied. The notice shall include the time, date and location of the selection, shall be made in writing by registered or certified mail and shall be postmarked not fewer than five (5) days prior to the meeting;
2. A candidate may designate one person as a witness to attend the meeting on the candidate’s behalf. The designation shall be made in writing, signed by the candidate and presented to the secretary of the appropriate election board;
3. The secretary of the appropriate election board shall, in full view of those present at the meeting, clearly write or print the name of each tied candidate on separate pieces of paper measuring approximately equal size. The names of the candidates shall be written or printed on the same color and type of paper. The papers shall be folded in half one time so that the written names are not visible and shall be placed into a container selected by the secretary of the appropriate election board;
4. The secretary shall draw, or may designate a person other than the candidates, witnesses or other person directly interested in the election to draw, one paper, and the name of the nominee or electee appearing on the first drawn paper shall be declared the winner. The secretary shall then expose the other name or names not drawn to all witnesses present; and
5. The meeting shall be held on a weekday, holidays excepted, between the hours of 7:00 a.m. and 7:00 p.m.
C. When there are three (3) or more candidates and a tie for first place occurs for the nomination of a candidate at a Primary Election for which a Runoff Primary will be held, the names of the tied candidates shall be placed on the Runoff Primary ballot.
Added by Laws 1974, c. 153, § 8-105, operative Jan. 1, 1975. Amended by Laws 1988, c. 72, § 1, eff. Jan. 1, 1989; Laws 1991, c. 129, § 2, eff. Sept. 1, 1991; Laws 2000, c. 358, § 10, eff. July 1, 2000; Laws 2004, c. 545, § 11, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-106. Time for issuing lists or certificates.

No lists or certificates provided for in Section 8-103 of this title shall be issued either by the county election board or State Election Board before 5:00 p.m. Friday next following a Primary, Runoff Primary or General Election.
Added by Laws 1974, c. 153, § 8-106, operative Jan. 1, 1975. Amended by Laws 2004, c. 545, § 12, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-108. Lists and certificates to be issued.

If no contest shall be filed by 5:00 p.m. Friday next following an election, the county election boards and State Election Board shall declare the result of such election and shall issue the appropriate lists or certificates to the successful party as provided by law. Provided, however, that no such lists or certificates shall be issued until the total of all returns has been verified, and a complete tabulation thereof made.
Laws 1974, c. 153, § 8-108, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-109. Time for filing contest - Contests alleging irregularities or fraud.

Any candidate whose name appeared on a Primary, Runoff Primary or General Election ballot, or any individual authorized to request a recount pursuant to Section 8-111 of this title may, at any time before 5:00 p.m. Friday next following an election, contest the correctness of the announced results of said election by filing a written petition with the appropriate election board. Contests alleging irregularities or fraud shall not be permitted in any election except those in which candidates are seeking office. Nothing in this section shall be construed to prohibit any proceedings in district court, which are otherwise authorized by law, alleging irregularities or fraud in an election.
Laws 1974, c. 153, § 8-109, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-110. Sheriff to provide security for ballot boxes or transfer cases.

It shall be the duty of the sheriff in each county to provide security for the ballot boxes or transfer cases from the time the ballot boxes or transfer cases are stored by the county election board following an election until the election results have been certified or, in the event a recount contest is filed, until such time as the ballot boxes or transfer cases are delivered to the district courtroom. Provided, ballot boxes or transfer cases may be returned to the custody of the secretary of the county election board for the purpose of conducting a post-election audit as described in Section 1 of this act.
Added by Laws 1974, c. 153, § 8-110, operative Jan. 1, 1975. Amended by Laws 1991, c. 321, § 30, eff. March 1, 1992; Laws 2004, c. 545, § 13, eff. July 1, 2005; Laws 2019, c. 163, § 5, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-112. Conduct of recount - Duties of presiding judge.

Once service has been accomplished, the recount shall commence pursuant to the order executed by the secretary of the appropriate election board. In the event of a recount for an office under the jurisdiction of the State Election Board, the actual recount of ballots shall be conducted by the county election board or boards as assigned by the Secretary of the State Election Board. The recount shall be conducted in the courtroom of the district court in the county or counties for which the recount is requested, and it shall be the duty of a judge of said court in and for said county to attend and, in conjunction with said county election board, conduct such recount. The petitioner or petitioner's agent shall be present and remain in attendance when the district court judge calls the proceedings to order. In the event the petitioner or petitioner's agent is not present, the recount shall not be conducted and the deposit shall be forfeited by the petitioner. It shall be the exclusive and sole duty of said judge to hear evidence as to whether the ballots have been preserved in the manner and by the officers prescribed by law, and as to whether they are the identical ballots cast by the voters, and that they have not been exposed to the reach of unauthorized persons, as to afford a reasonable opportunity of their having been changed or tampered with. The judgment of said court upon such questions shall be final and conclusive. If the court cannot determine that the ballots have been properly preserved, then no recount shall be conducted. If the judgment of the court is that the ballots have been properly preserved, then the recount of the ballots shall be conducted immediately thereafter under the exclusive supervision of the county election board.
Added by Laws 1974, c. 153, § 8-112, operative Jan. 1, 1975. Amended by Laws 2019, c. 65, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-113. Agents for candidates.

The candidate or individual authorized to request a recount pursuant to Section 8-111 of this title shall be authorized to commission in writing no more than one agent in each county wherein the recount is being conducted to act in his behalf. Said commission shall be filed with the secretary of the appropriate county election board. The same authority shall be granted to any contestee. Such agent, or agents, shall have full authority to act on behalf of the contestant he is commissioned to represent in the absence of said contestant.
Laws 1974, c. 153, § 8-113, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-114. Procedure for recount – Determination of validity of 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 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.
Added by Laws 1974, c. 153, § 8-114, operative Jan. 1, 1975. Amended by Laws 1989, c. 289, § 5, emerg. eff. May 24, 1989; Laws 1991, c. 321, § 32, eff. March 1, 1992; Laws 2004, c. 545, § 14, eff. July 1, 2005; Laws 2009, c. 151, § 1, eff. Nov. 1, 2009; Laws 2011, c. 139, § 15.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-115. Certification of results - Ties involving candidates.

When all the ballots have been counted, the county election board shall tabulate the votes and shall certify the results. In the case of county office, said certification shall be used to issue appropriate lists and certificates. In the case of state or district office, copies of said certification shall be transmitted immediately to the State Election Board, whose duty it shall be to retabulate all pertinent county returns and issue appropriate lists and certificates.
In the event of a tie involving candidates, the election board authorized by law to issue the certified list or certificate of election shall, at the meeting called to conduct the recount or to issue the certified list or certificate of election, in the presence of the candidates involved, if they or any of them desire to be present, select the nominee or electee by lot substantially as prescribed in paragraphs 3 and 4 of Section 8-105 of this title.
Laws 1974, c. 153, § 8-115, operative Jan. 1, 1975; Laws 1992, c. 247, § 15, emerg. eff. May 21, 1992.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-116. Recount may cease - Rights of contestee.

Should the contestant at any time during the proceeding desire that the recount be terminated, he may announce the same to the county election board. In such event, the recount shall end at that point, and any changes be made a part of the certificate of vote. Provided further, however, that should any contestee desire that the recount continue, he may petition in writing at the time of said announcement for the remainder of the ballots in that county to be recounted. Said petition must be filed immediately with the county election board conducting said recount, and petition must be accompanied by either a cashier's check or certified check in an amount equal to the deposit made by the contestant to conduct the recount. If said recount was ordered by the Secretary of the State Election Board, said check shall be transmitted forthwith to the State Election Board. In the event contestee files such petition, the recount shall continue until such time as all the ballots in said county have been recounted, and the recount is complete. Recounts of issue or question elections shall not cease until all precincts and absentee ballots in the designated county or counties have been recounted.
Amended by Laws 1987, c. 86, § 1, eff. Nov. 1, 1987; Laws 1989, c. 289, § 6, emerg. eff. May 24, 1989.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-116.1. Counting of all ballots in precinct upon recount - Application of section.

When a recount is initiated, all ballots in the precinct involved must be counted, and neither party to the recount shall be allowed to terminate the recount process until all such ballots have been recounted. This provision shall apply to all elections.
Added by Laws 1987, c. 86, § 2, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-117. Expenses of recount.

Deposits accompanying petitions shall be used by the appropriate election board to defray the actual expenses of a recount. Expenses shall include mileage and salaries of the county election board members, which shall be made on a per diem basis at the same rate as for normal compensation; salaries for counters deemed necessary by the secretary of the board to conduct an expedient and accurate recount; the expense of service of process; court reporter fees and transcript expense; travel reimbursement for the court reporter and the presiding judge; mileage and per diem of witnesses; and for all other actual and necessary expenses. The balance, if any, shall be returned to the contestant. In the event the contestant is successful in the recount, the deposit shall be returned to the contestant, and the expense of the recount shall be borne by the county or state, as the case may be. Provided, no portion of a deposit required by paragraph 6 of subsection A of Section 8-111 of this title shall be refundable unless the contestant is successful in the recount in changing the outcome of the election.
Added by Laws 1974, c. 153, § 8-117, operative Jan. 1, 1975. Amended by Laws 2013, c. 275, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-118. Election contested due to fraud or other irregularity.

In the event a candidate contests the correctness of the announced results of an election by alleging either fraud or any other irregularities, the secretary of the election board receiving the petition shall set a hearing in the same manner as provided for recounts. Provisions for service of notice shall be the same as for recounts. The petition shall be filed with the secretary of the election board with whom the candidate filed the candidate's declaration of candidacy, unless otherwise provided for by law.
The district judge conducting the hearing or such other judge as may be assigned by the Supreme Court shall have the authority to issue subpoenas and compel the attendance of witnesses and the production of evidence.
Added by Laws 1974, c. 153, § 8-118, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 15, emerg. eff. June 6, 1983; Laws 2000, c. 358, § 11, eff. July 1, 2000; Laws 2013, c. 275, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-119. Petition alleging fraud - Procedure.

When a petition alleging fraud is filed, said petition must be accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for each county in which fraud is alleged to have occurred, running in favor of the contestee and conditioned upon payment of any and all liabilities or judgments arising from the contest so filed. In said petition, contestant must allege that fraud occurred in certain precincts or in the casting of absentee ballots. He must further allege the name of the precincts wherein such fraud occurred, the specific act constituting such alleged fraud and the names of the alleged perpetrators of such fraud. If such petition is filed in the manner herein provided, the district judge of the county in which the alleged fraud occurred, or such other judge as may be assigned by the Supreme Court, shall hear and determine said issue without delay or continuance of more than one (1) day. On the day of such hearing, the contestee may file answer to such petition or may file cross petition, setting forth in detail, as required of a petitioner herein, such claim of fraud. An original petition or cross petition must be under oath and under penalty of perjury. The judge shall try and determine the issues formed by such pleadings and render such judgment as he may deem just and proper, according to the evidence submitted. The decision of said district judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished the appropriate election board. In any case where fraud is proved on the part of a candidate, he shall be declared ineligible for the office for which he was a candidate. In all cases where a petition is filed which alleges fraud, but after hearing said allegations are not reasonably sustained by competent evidence, the contestant shall be civilly liable in damages to the contestee for all damages sustained, including a reasonable attorney fee and all reasonable and proper costs of conducting such contest; and in the event it be alleged and found that such petition was frivolous in nature, the contestee may also be allowed punitive damages to be paid by said petitioner.
Laws 1974, c. 153, § 8-119, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-120. Petition alleging irregularities - Procedure.

When a petition alleging irregularities other than fraud is filed, said petition must allege a sufficient number of irregularities and of such nature as to:
1. Prove that the contestant is lawfully entitled to be certified the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot; or
2. Prove that it is impossible to determine with mathematical certainty which candidate is entitled to be certified as the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot.
Additional irregularities may be presented at the hearing if not known to the contestant at the time the petition is filed. If such allegations are not made, the petition shall be deemed frivolous by the presiding judge and shall be dismissed. Said petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the petition. Said petition must set forth specific allegations of irregularities in certain precincts or in the casting of absentee ballots. If said petition is filed in the manner herein provided, the district judge of the county or such other judge as may be assigned by the Supreme Court shall hear and determine said issue in the same manner as provided for a petition alleging fraud. On the day of the hearing, the contestee may file an answer to the petition or may file a cross petition setting forth in detail, as required of petitioner herein, such claim of irregularities. A cross petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the cross petition. Deposits shall be used to defray actual costs as provided for recounts.
Amended by Laws 1983, c. 171, § 16, emerg. eff. June 6, 1983. Amended by Laws 1990, c. 306, § 6, emerg. eff. May 30, 1990.
2023 Oklahoma Statutes › Title 26. Elections › §26-8-121.1. Hearings on petitions alleging irregularities or fraud involving two or more counties.

When a petition is filed alleging irregularities or fraud involving two or more counties, the hearings for all counties shall be scheduled at a single location by the election board secretary who accepted the petition. When such a petition is filed with the Secretary of the State Election Board, the Supreme Court shall assign a single judge to hear and determine the issue for all affected counties.
Added by Laws 1997, c. 176, § 13, eff. Nov. 1, 1997.