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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 34 By: Dahm
AS INTRODUCED
An Act relating to election results; ame nding Section
1, Chapter 163, O.S.L. 2019 (26 O. S. Supp. 2020,
Section 3-130), which relates to post-election audit
of election results; re quiring post-election audits
for certain election results in randomly selected
counties; authorizing additional post-election
audits; clarifying authority to promulg ate certain
policies, rules and procedures; modifying definition;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 163, O.S.L.
2019 (26 O.S. Supp. 2020, Section 3-130), is amended to read as
follows:
Section 3-130. A. The Secretary of the State Election Board
shall have the authority to direct the secretary of the election
board of selected counties to conduct a post-election audit of
election results upon the completion of elections scheduled pursuant
to Sections 1-101, 1-102, 1-103, 3-101 and 13A-103 of this title for
the purpose of maintaining the security of the election system .
Such audits shall verify whether the voting devices and software
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used in the elections correctly tabulated votes. Post-election
audits required pursuant to this subsection sh all be completed for
no fewer than three elections in a minimum of three randomly
selected counties.
B. In addition to the post -election audits required pursuant to
subsection A of this section, the Secretary of the State Election
Board may direct the secretary of a county election board to co nduct
a post-election audit of election results, for the purpose of
maintaining the security of the elec tion system by ensurin g that
voting devices and soft ware used in a particular election correctly
tabulated votes.
B. The method, timing and procedures for conducting a post -
election audit shall be determ ined by the Secretary of the State
Election Board.
C. The secretary of a county election board shall re port the
findings of a post-election audit required pursuant to this section
to the Secretary of the State Election Board, and such re port shall
be available to the public.
D. The Secretary of the State Election Board may pro mulgate
policies, rules and pr ocedures related to the method and timing of
post-election audits and to otherwise implement the requirements of
this section.
E. For the purposes of this title, a “post-election audit” is
defined as a manual or electronic ex amination of a limited number of
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ballots by a secretary of a county election board or other
authorized election officials following an election. A post -
election audit shall be conducted only at the direction of the
Secretary of the State Election Board an d only subject to the
Secretary’s previously promulgated policies, rules or procedures.
For a post-election audit conducted pursuant to subsection A of this
section, all ballots shall receive a manual and electronic
examination. For a post-election audit conducted pursuant to
subsection B of this section, a limited number of ballots may b e
audited by a manual or electronic examination.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
58-1-382 TEK 11/18/2020 1:47:06 PM