Oklahoma 2022 Regular Session

Oklahoma House Bill HB2564 Compare Versions

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28+ENGROSSED SENATE AMENDMENT
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331 BILL NO. 2564 By: Caldwell (Chad) of the
432 House
533
634 and
735
836 Quinn of the Senate
937
1038
1139
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1341
42+An Act relating to elections; amending 26 O.S. 2011,
43+Section 8-111, as amended by Section 1, Chapter 275,
44+O.S.L. 2013 (26 O.S. Supp. 2020, Section 8 -111),
45+which relates to recounts; requiring recounts of
46+certain issues and questions; and providing an
47+effective date.
1448
15-An Act relating to elections; amending 26 O.S. 2011,
49+
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52+AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
53+entire bill and insert
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56+”An Act relating to elec tions; amending 26 O.S. 2011,
1657 Section 8-111, as amended by Section 1, Chapter 275,
1758 O.S.L. 2013 (26 O.S. Supp. 2020, Section 8 -111),
1859 which relates to recounts; providing for recounts by
1960 electronic voting devices; providing for fees;
2061 providing exception for recounts of certain issues
2162 and questions; creating the State Question Recount
2263 Revolving Fund; establishing requirements for
2364 administration of and expenditures from Fund; and
2465 providing an effective date.
2566
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29-SUBJECT: Elections
70+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
3071
31-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
72+ENGR. S. A. TO ENGR. H. B. NO. 2564 Page 2 1
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3296
3397 SECTION 1. AMENDATORY 26 O.S. 2011, Section 8 -111, as
3498 amended by Section 1, Chapter 275, O.S.L. 2013 (26 O.S. Supp. 2020,
3599 Section 8-111), is amended to read as follows:
36-
37100 Section 8-111. A. 1. In the event a candidate or indi vidual
38101 authorized to request a recount requests a recount of the ballots
39102 cast in an election, it must set forth in the petition the precincts
40103 and absentee ballots which are to be recounted.
41-
42-2. The petition must be accompanied by either a cashier 's check
104+2. The petition must be accompanied by either a cashier’s check
43105 or certified check in the amount of Six Hundred Dollars ($600.00)
44106 for each county affected by the petition.
45- ENR. H. B. NO. 2564 Page 2
46107 3. The candidate or individual may indicate in the petition
47108 requesting the recount that the candidate or individual desires to
48109 have the ballots reco unted manually or by electronic voting devices .
49110 Failure by the candidate or individual to state such preference for
50111 a manual recount in the petition shall result in a recount by
51112 electronic voting devices.
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53113 4. a. If the candidate or individual requests tha t the
54114 ballots be recounted manually, the petition must be
55-accompanied by a cashier 's check or certified che ck in
115+accompanied by a cashiers check or certified check in
56116 the amount of Six Hundred Dollars ($600.00) for the
57117 first three thousand (3,000) ballots and Six Hundred
58118 Dollars ($600.00) for each additional six thousand
59119 (6,000) three thousand (3,000) ballots or fraction
60120 thereof, to be recounted for each county affected.
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62147 b. If the candidate or individual requests that the
63148 ballots be recounted by electronic device, the
64-petition must be accompanied by a cashier 's check or
149+petition must be accompanied by a cashiers check or
65150 certified check in the amount of Six Hundred Dollars
66151 ($600.00) for the first three thousand (3,000) ballots
67152 or fraction thereof and Three Hundred Dollars
68153 ($300.00) for each additional five thousand (5,000)
69154 ballots or fraction thereof, to be reco unted for each
70155 affected county.
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72156 5. If the petition for a manual recount is filed with the State
73-Election Board, the petition must be accompanied by a cashier 's
157+Election Board, the petition must be accompanied by a cashiers
74158 check in the amount of Three Hundred Dollars ($300.00) in addition
75159 to the amount amounts required in paragraph 4 of this subsection.
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77160 6. In elections involving candidates, an additional deposit
78161 equal to the total of the deposits required by paragraphs 2, 4 and 5
79162 of this subsection shall be required if the margin between the
80163 first-place candidate and second-place candidate is ten percent
81164 (10%) or greater. Provided, in a Primary Election involving three
82165 or more candidates where a Runoff Primary may be required, and where
83166 the margin between the second -place candidate and third -place
84167 candidate is less than one percent (1%), or where the first place
85168 first-place candidate is one percent (1%) above or below a majority,
86169 then no additional deposit shall be required.
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88196 7. For an election involving candidates, the petition shall be
89197 filed with the secretary of th e election board with whom the
90-candidate filed the candidate 's declaration of candidacy, unless ENR. H. B. NO. 2564 Page 3
198+candidate filed the candidates declaration of candidacy, unless
91199 otherwise provided for by law. The petition may only be filed by a
92200 candidate whose name was printed on the ballot for that office in
93201 that election.
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95202 8. When such petition is properly filed, it shall be the duty
96203 of the secretary of the appropriate election board to order the
97204 recount to begin not less than three (3) nor more than ten (10) days
98205 from the date of filing of the petition.
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100206 9. a. In elections involving c andidates, it shall be the
101207 duty of such contestant to cause to be served upon the
102208 opposing candidate or candidates, and directly
103209 affected by the contest, a true copy of the petition
104210 and a true copy of the order.
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106211 b. Service shall be made in person where pos sible, within
107212 twenty-four (24) hours after the filing of the
108213 original petition of contest. Service shall be made
109214 by the sheriff of the county as to all offices, except
110215 that of sheriff, in which case the same shall be
111216 served by the county clerk and the cer tificate of
112217 returns of such sheriff or county clerk, showing the
113218 inability to make such service within the above -
114219 mentioned time, shall be deemed sufficient proof of
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115246 the absence of such candidate, or candidates, or the
116247 inability to serve such notice upon th e candidate, and
117248 to justify the constructive service hereafter
118249 provided.
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120250 c. Where personal service is impossible, within the time,
121251 it is hereby made the duty of the contestant to serve
122252 true copies upon the secretary of the appropriate
123253 election board. Prov ided that for the purpose of such
124254 constructive service, the secretaries of the county
125255 election boards are hereby made and constituted the
126256 service agents for all contests of elections filed in
127257 accordance herewith. By filing declaration of
128258 candidacy for election, a candidate shall thereby be
129259 conclusively presumed to have accepted the terms and
130260 provisions hereof and specifically the aforesaid
131261 constructive service. When constructive service
132262 becomes necessary, constructive service shall be made
133263 at the date, time and place of the hearing.
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135264 B. For elections on issues or questions when no candidate is
136265 involved and a majority is required for approval, recounts shall be
137266 authorized only when:
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139267 1. The margin of votes between those for and those against the
140268 issue is one hundred fifty (150) or less when fifteen thousand
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141295 (15,000) or more total votes are counted for and against the issue
142296 or question; or
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144297 2. The margin of votes between those for and those against the
145298 issue is one percent (1%) or less of the total number of votes cast
146299 on the issue when fourteen thousand nine hundred ninety -nine
147300 (14,999) or fewer total votes are cast for and against the issue or
148301 question.
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150302 Provided, furthermore, that a recount is authorized only after an
151303 individual, who is a registered voter an d who participated in the
152304 election, presents to the appropriate county election board a
153305 petition signed by one hundred fifty (150) registered voters who
154306 participated in the election when fifteen thousand (15,000) or more
155307 total votes are counted for and aga inst the question, or if fourteen
156308 thousand nine hundred ninety -nine (14,999) or fewer votes are cast
157309 for and against the issue, by a number of registered voters who
158310 participated in the election equal to one percent (1%) or more of
159311 the total votes cast for and against the issue.
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161312 C. For elections on issues or questions when no candidate is
162313 involved and more than a majority is required for approval, recounts
163314 shall be authorized only when:
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165315 1. The margin of votes between those for the issue and the
166316 number required for approval is one hundred fifty (150) or less when
167317 fifteen thousand (15,000) or more total votes are counted for and
168318 against the issue or question; or
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170345 2. The margin of votes between those for the issue and the
171346 number required for approval is one pe rcent (1%) or less of the
172347 total number of votes cast on the issue when fourteen thousand nine
173348 hundred ninety-nine (14,999) or fewer total votes are cast for and
174349 against the issue or question.
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176350 Provided, furthermore, that a recount is authorized only after a n
177351 individual, who is a registered voter and who participated in the
178352 election, presents to the appropriate county election board a
179-petition signed by one hundred fifty (150) registered voters who ENR. H. B. NO. 2564 Page 5
353+petition signed by one hundred fifty (150) registered voters who
180354 participated in the election when fifteen thousand (15,000) o r more
181355 total votes are counted for and against the question, or if fourteen
182356 thousand nine hundred ninety -nine (14,999) or fewer votes are cast
183357 for and against the issue, by a number of registered voters who
184358 participated in the election equal to one percent (1%) or more of
185359 the total votes cast for and against the issue.
360+D. Within twenty-four (24) hours after a petition required in
361+subsections B and C of this section is filed, not counting Saturday,
362+Sunday or legal holidays, the secretary of the county elect ion board
363+who received the petition shall determine, pursuant to rules
364+promulgated by the Secretary of the State Election Board, if the
365+petition contains a sufficient number of valid signatures of
366+registered voters who participated in the election.
367+E. Recounts of issue or question elections shall not be
368+permitted of any statewide election , except as follows:
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395+1. The Governor or the Attorney General may request a recount
396+of any state question. The request shall be in the form of a
397+petition prescribed by th e Secretary of the State Election Board.
398+The petition shall be filed with the Secretary of the State Election
399+Board no later than the deadline provided in Section 8 -109 of this
400+title, and the petition shall be accompanied by a cashier’s check or
401+certified check in the amount required by subsection A of this
402+section.
403+2. Subject to available funding, the Secretary of the State
404+Election Board shall order an automatic recount of a state question
405+if:
406+a. the margin of votes required for approval is one half
407+of one percent (1/2 of 1%) or less of the total number
408+of votes cast for and against a state question
409+involving a statutory issue or question, and
410+b. the margin of votes required for approval is one
411+percent (1%) or less of the total number of votes cast
412+for and against a state question involving a
413+constitutional issue or question .
414+For the purposes of this paragraph, “available funding” shall mean a
415+balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more
416+in the State Question Recount Revolving Fund as of the date of the
417+election.
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444+3. Unless otherwise provided in this subsection, the general
445+laws governing recounts shall be applicable to such recounts.
446+4. The Secretary of the State Election Board shall determine
447+the dates and times each county electi on board shall begin a recount
448+pursuant to this subsection. Provided, such a recount shall be
449+concluded no later than forty -five (45) days after the date of the
450+election.
451+5. The Secretary of the State Election Board may prescribe such
452+rules and procedures as may be necessary to implement the provisions
453+of this subsection.
454+F. There is hereby created in the State Treasury a revolving
455+fund for the State Election Board to be designated the “State
456+Question Recount Revolving Fund”. The fund shall consist of m onies
457+appropriated by the Legislature.
458+1. The revolving fund shall be a continuing fund not subject to
459+fiscal year limitations, provided that at no point shall the balance
460+in the fund exceed Five Hundred Thousand Dollars ($500,000 .00) and
461+shall be under the administrative direction of the Secretary of the
462+State Election Board. Fees collected each fiscal year in excess of
463+Five Hundred Thousand Dollars ($500,000 .00) balance limitation shall
464+be placed to the credit of the State Election Board Revolving Fund.
465+2. Expenditures from the fund shall be limited to:
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492+a. the costs of the State Election Board directly related
493+to conducting a recount of a state question pursuant
494+to paragraph 2 of subsection E of this section, and
495+b. reimbursements to county election boa rds for costs
496+directly related to conducting a recount of a state
497+question pursuant to paragraph 2 of subsection E of
498+this section.
499+3. Warrants for expenditures from said fund shall be drawn by
500+the State Treasurer, based on claims signed by employees auth orized
501+by the Secretary of the State Election Board and approved for
502+payment by the Director of the Office of Management and Enterprise
503+Services.
504+4. All interest earned on the balance of funds in the State
505+Question Recount Revolving Fund shall be deposite d by the State
506+Treasurer into the Fund on a monthly basis .
507+SECTION 2. This act shall become effective November 1, 2021. ”
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535+Passed the Senate the 21st day of April, 2021.
536+
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539+ Presiding Officer of the Senate
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542+Passed the House of Representat ives the ____ day of __________,
543+2021.
544+
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547+ Presiding Officer of the House
548+ of Representatives
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575+ENGROSSED HOUSE
576+BILL NO. 2564 By: Caldwell (Chad) of the
577+House
578+
579+ and
580+
581+ Quinn of the Senate
582+
583+
584+
585+
586+
587+
588+
589+An Act relating to elections; amending 26 O.S. 2011,
590+Section 8-111, as amended by Section 1, Chapter 275,
591+O.S.L. 2013 (26 O.S. Supp. 2020, Section 8 -111),
592+which relates to recounts; requiring recounts of
593+certain issues and questions; and providing an
594+effective date.
595+
596+
597+
598+
599+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
600+SECTION 3. AMENDATORY 26 O.S. 2011, Section 8 -111, as
601+amended by Section 1, Chapter 275, O.S.L. 2013 (26 O.S. Supp. 2020,
602+Section 8-111), is amended to read as follows:
603+Section 8-111. A. 1. In the event a candidate or individual
604+authorized to request a recount requests a recount of the ballots
605+cast in an election, it must set forth in the petition the precincts
606+and absentee ballots which are to be recounted.
607+2. The petition must be accompanied by either a cashier 's check
608+or certified check in the amount of Six Hundred Dollars ($600.00)
609+for each county affected by the petition.
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636+3. The candidate or individual may indicate in the petition
637+requesting the recount that the candidate or individual desires to
638+have the ballots recounted manually. Failure by the candidate or
639+individual to state such preference for a manual recount in the
640+petition shall result in a recount by electronic voting devices.
641+4. If the candidate or individual requests that the ballots be
642+recounted manually, the petition must be accompanied by a cashier 's
643+check or certified check in the amount of Six Hundred Dollars
644+($600.00) for the first three thousand (3,000) ballots and Six
645+Hundred Dollars ($600.00) for each additional six thousand (6,000)
646+ballots or fraction thereof, to be recounted for each county
647+affected.
648+5. If the petition for a manual recount is filed with the State
649+Election Board, the petition must be accompanied by a cashier 's
650+check in the amount of Three Hundred Dollars ($300.00) in additio n
651+to the amount required in paragraph 4 of this subsection.
652+6. In elections involving candidates, an additional deposit
653+equal to the total of the deposits required by paragraphs 2, 4 and 5
654+of this subsection shall be required if the margin between the
655+first-place candidate and second -place candidate is ten percent
656+(10%) or greater. Provided, in a Primary Election involving three
657+or more candidates where a Runoff Primary may be required, and where
658+the margin between the second -place candidate and third -place
659+candidate is less than one p ercent (1%), or where the first -place
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686+candidate is one percent (1%) above or below a majority, then no
687+additional deposit shall be required.
688+7. For an election involving candidates, the petition shall be
689+filed with the secre tary of the election board with whom the
690+candidate filed the candidate 's declaration of candidacy, unless
691+otherwise provided for by law. The petition may only be filed by a
692+candidate whose name was printed on the ballot for that office in
693+that election.
694+8. When such petition is properly filed, it shall be the duty
695+of the secretary of the appropriate election board to order the
696+recount to begin not less than three (3) nor more than ten (10) days
697+from the date of filing of the petition.
698+9. a. In elections involving candidates, it shall be the
699+duty of such contestant to cause to be served upon the
700+opposing candidate or candidates, and directly
701+affected by the contest, a true copy of the petition
702+and a true copy of the order.
703+b. Service shall be made in person where possible, within
704+twenty-four (24) hours after the filing of the
705+original petition of contest. Service shall be made
706+by the sheriff of the county as to all offices, except
707+that of sheriff, in which case the same shall be
708+served by the county clerk a nd the certificate of
709+returns of such sheriff or county clerk, showing the
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736+inability to make such service within the above -
737+mentioned time, shall be deemed sufficient proof of
738+the absence of such candidate, or candidates, or the
739+inability to serve such noti ce upon the candidate, and
740+to justify the constructive service hereafter
741+provided.
742+c. Where personal service is impossible, within the time,
743+it is hereby made the duty of the contestant to serve
744+true copies upon the secretary of the appropriate
745+election board. Provided that for the purpose of such
746+constructive service, the secretaries of the county
747+election boards are hereby made and constituted the
748+service agents for all contests of elections filed in
749+accordance herewith. By filing declaration of
750+candidacy for election, a candidate shall thereby be
751+conclusively presumed to have accepted the terms and
752+provisions hereof and specifically the aforesaid
753+constructive service. When constructive service
754+becomes necessary, constructive service shall be made
755+at the date, time and place of the hearing.
756+B. For elections on issues or questions when no candidate is
757+involved and a majority is required for approval, recounts shall be
758+authorized only when:
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785+1. The margin of votes between those for and those against the
786+issue is one hundred fifty (150) or less when fifteen thousand
787+(15,000) or more total votes are counted for and against the issue
788+or question; or
789+2. The margin of votes between those for and those against the
790+issue is one percent (1%) or less of the total number of votes cast
791+on the issue when fourteen thousand nine hundred ninety -nine
792+(14,999) or fewer total votes are cast for and against the issue or
793+question.
794+Provided, furthermore, that a recount is authorized only after an
795+individual, who is a registere d voter and who participated in the
796+election, presents to the appropriate county election board a
797+petition signed by one hundred fifty (150) registered voters who
798+participated in the election when fifteen thousand (15,000) or more
799+total votes are counted f or and against the question, or if fourteen
800+thousand nine hundred ninety -nine (14,999) or fewer votes are cast
801+for and against the issue, by a number of registered voters who
802+participated in the election equal to one percent (1%) or more of
803+the total votes cast for and against the issue.
804+C. For elections on issues or questions when no candidate is
805+involved and more than a majority is required for approval, recounts
806+shall be authorized only when:
807+1. The margin of votes between those for the issue and the
808+number required for approval is one hundred fifty (150) or less when
809+
810+ENGR. H. B. NO. 2564 Page 6 1
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835+fifteen thousand (15,000) or more total votes are counted for and
836+against the issue or question; or
837+2. The margin of votes between those for the issue and the
838+number required for approval is one percent (1%) or less of the
839+total number of votes cast on the issue when fourteen thousand nine
840+hundred ninety-nine (14,999) or fewer total votes are cast for and
841+against the issue or question.
842+Provided, furthermore, that a recount is authorized on ly after an
843+individual, who is a registered voter and who participated in the
844+election, presents to the appropriate county election board a
845+petition signed by one hundred fifty (150) registered voters who
846+participated in the election when fifteen thousand (15,000) or more
847+total votes are counted for and against the question, or if fourteen
848+thousand nine hundred ninety -nine (14,999) or fewer votes are cast
849+for and against the issue, by a number of registered voters who
850+participated in the election equal to o ne percent (1%) or more of
851+the total votes cast for and against the issue.
187852 D. Within twenty-four (24) hours after a petition required in
188853 subsections B and C of this section is filed, not counting Saturday,
189854 Sunday or legal holidays, the secretary of the co unty election board
190855 who received the petition shall determine, pursuant to rules
191856 promulgated by the Secretary of the State Election Board, if the
192857 petition contains a sufficient number of valid signatures of
193858 registered voters who participated in the electio n.
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195885 E. Recounts of issue or question elections shall not be
196-permitted of any statewide election , except as follows:
886+permitted required of any statewide election when:
887+1. The margin of votes required for approval is one half of one
888+percent (0.5%) or less of the total number of votes cast for and
889+against a statutory issue or question;
890+2. The margin of votes required for approval is one percent
891+(1%) or less of the total number of votes cast for and against a
892+constitutional issue or question; or
893+3. Requested by the Governor, Attorney General, or Oklahoma
894+State Election Board Secretary .
895+SECTION 4. This act shall become effective November 1, 2021.
896+Passed the House of Representatives the 2nd day of March, 2021.
197897
198-1. The Governor or the Attorney General may request a recount
199-of any state question. The request shall be in the form of a
200-petition prescribed by the Secretary of the State Election Board.
201-The petition shall be filed with the Secretary of the State Election
202-Board no later than the deadline provided in Section 8 -109 of this
203-title, and the petition shall be accompanied by a cashier 's check or
204-certified check in the amount required by subsection A of this
205-section.
206-
207-2. Subject to available funding, the Secretary of the State
208-Election Board shall order an automatic recount of a state question
209-if:
210-
211-a. the margin of votes required for approval is one -half
212-of one percent (1/2 of 1%) or less of the total number
213-of votes cast for and against a st ate question
214-involving a statutory issue or question, and
215-
216-b. the margin of votes required for approval is one
217-percent (1%) or less of the total number of votes cast
218-for and against a state question involving a
219-constitutional issue or question .
220-
221-For the purposes of this paragraph, "available funding" shall mean a
222-balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more
223-in the State Question Recount Revolving Fund as of the date of the
224-election. ENR. H. B. NO. 2564 Page 6
225-
226-3. Unless otherwise provided in this subsection, t he general
227-laws governing recounts shall be applicable to such recounts.
228-
229-4. The Secretary of the State Election Board shall determine
230-the dates and times each county election board shall begin a recount
231-pursuant to this subsection. Provided, such a reco unt shall be
232-concluded no later than forty -five (45) days after the date of the
233-election.
234-
235-5. The Secretary of the State Election Board may prescribe such
236-rules and procedures as may be necessary to implement the provisions
237-of this subsection.
238-
239-F. There is hereby created in the State Treasury a revolving
240-fund for the State Election Board to be designated the "State
241-Question Recount Revolving Fund ". The fund shall consist of monies
242-appropriated by the Legislature.
243-
244-1. The revolving fund shall be a contin uing fund, not subject
245-to fiscal year limitations, provided that at no point shall the
246-balance in the fund exceed Five Hundred Thousand Dollars
247-($500,000.00) and shall be under the administrative direction of the
248-Secretary of the State Election Board. Fee s collected each fiscal
249-year in excess of the Five Hundred Thousand Dollars ($500,000 .00)
250-balance limitation shall be placed to the credit of the State
251-Election Board Revolving Fund.
252-
253-2. Expenditures from the fund shall be limited to:
254-
255-a. the costs of the State Election Board directly related
256-to conducting a recount of a state question pursuant
257-to paragraph 2 of subsection E of this section, and
258-
259-b. reimbursements to county election boards for costs
260-directly related to conducting a recount of a state
261-question pursuant to paragraph 2 of subsection E of
262-this section.
263-
264-3. Warrants for expenditures from said fund shall be drawn by
265-the State Treasurer, based on claims signed by employees authorized
266-by the Secretary of the State Election Board and approved for
267-payment by the Director of the Office of Management and Enterprise
268-Services.
269- ENR. H. B. NO. 2564 Page 7
270-4. All interest earned on the balance of funds in the State
271-Question Recount Revolving Fund shall be deposited b y the State
272-Treasurer into the f und on a monthly basis .
273-
274-SECTION 2. This act shall become effective November 1, 2021.
275-
276- ENR. H. B. NO. 2564 Page 8
277-Passed the House of Representatives the 4th day of May, 2021.
278898
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281901 Presiding Officer of the House
282902 of Representatives
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905+Passed the Senate the ___ day o f __________, 2021.
285906
286-Passed the Senate the 21st day of April, 2021.
287907
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290910 Presiding Officer of the Senate
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294-
295-OFFICE OF THE GOVERNOR
296-Received by the Office of the Governor this ____________________
297-day of ___________________, 20_______, at _______ o 'clock _______ M.
298-By: _________________________________
299-Approved by the Governor of the Stat e of Oklahoma this _________
300-day of ___________________, 20_______, at _______ o 'clock _______ M.
301-
302-
303- _________________________________
304- Governor of the State of Oklahoma
305-
306-OFFICE OF THE SECRETARY OF STATE
307-Received by the Office of the Secretary of State thi s __________
308-day of ___________________, 20_______, at _______ o 'clock _______ M.
309-By: _________________________________