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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2564 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2011,
Section 8-111, as amended by Section 1, Chapter 275,
O.S.L. 2013 (26 O.S. S upp. 2020, Section 8 -111),
which relates to recounts; requiring recounts of
certain issues and questions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O .S. 2011, Section 8-111, as
amended by Section 1, Chapter 275, O.S.L. 2013 (26 O.S. Supp. 2020,
Section 8-111), is amended to read as follows:
Section 8-111. 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 in the amount of Six Hundred Dollars ($ 600.00)
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
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have the ballots recounted manually. 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. 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 the first three thousand (3,000) ballots and Six
Hundred Dollars ($600.00) for each additional six thousand (6,000)
ballots or fraction thereof, to be recounted for each county
affected.
5. If the petition for a manual 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 amount 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.
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7. For an election involving candidates, the petition shall be
filed with the secretary of the election board with whom the
candidate filed the c andidate'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 t o 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 filin g 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
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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 is sues 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
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(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 o r 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
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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 part icipated 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 q uestion, 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 agains t 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.
E. Recounts of issue or question elections shall not be
permitted required of any statewide election when:
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1. The margin of votes required for approval is one half of one
percent (.5%) or less of the total number of votes cast for and
against a statutory issue or question;
2. The margin of votes required for ap proval is one percent
(1%) or less of the total number of votes cast for and against a
constitutional issue or question; or
3. Requested by the Governor, Attorney General, or Oklahoma
State Election Board Secretary .
SECTION 2. This act shall become effective November 1, 2021.
58-1-5900 LRB 01/07/21