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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2564 By: Caldwell (Chad) of the
House
and
Quinn of the Senate
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. Supp. 2020, Section 8 -111),
which relates to recounts; requiring recounts of
certain issues and questions; and providing an
effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
”An Act relating to elec tions; amending 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),
which relates to recounts; providing for recounts by
electronic voting devices; providing for fees;
providing exception for recounts of certain issues
and questions; creating the State Question Recount
Revolving Fund; establishing requirements for
administration of and expenditures from Fund; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
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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 indi vidual
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
have the ballots reco unted 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 tha t 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) three thousand (3,000) ballots or fraction
thereof, to be recounted for each county affected.
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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 reco unted for each
affected county.
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 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
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 th e 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 c andidates, 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 pos sible, 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 cer tificate 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 th e 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. Prov ided 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
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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 an d 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 aga inst 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
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2. The margin of votes between those for the issue and the
number required for approval is one pe rcent (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 a n
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) o r 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 elect ion 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 of any statewide election , except as follows:
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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 th e 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.
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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 electi on 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 m onies
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
Five Hundred Thousand Dollars ($500,000 .00) balance limitation shall
be placed to the credit of the State Election Board Revolving Fund.
2. Expenditures from the fund shall be limited to:
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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 boa rds 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 auth orized
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 deposite d by the State
Treasurer into the Fund on a monthly basis .
SECTION 2. This act shall become effective November 1, 2021. ”
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Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representat ives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2564 By: Caldwell (Chad) of the
House
and
Quinn of the Senate
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. Supp. 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 3. 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.
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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. 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 additio n
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 p ercent (1%), or where the first -place
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candidate is one percent (1%) above or below a majority, then no
additional deposit shall be required.
7. For an election involving candidates, the petition shall be
filed with the secre tary 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 a nd the certificate of
returns of such sheriff or county clerk, showing the
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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 noti ce 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:
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1. The margin of votes between those for and those against the
issue 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 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 registere d 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 f or 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
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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 on ly 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 o ne 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 co unty 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 electio n.
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E. Recounts of issue or question elections shall not be
permitted required of any statewide election when:
1. The margin of votes required for approval is one half of one
percent (0.5%) or less of the total number of votes cast for and
against a statutory issue or question;
2. The margin of votes required for approval 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 4. This act shall become effective November 1, 2021.
Passed the House of Representatives the 2nd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day o f __________, 2021.
Presiding Officer of the Senate