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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2123 By: Swope
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 20 21,
Sections 7-119 and 7-127, which relate to conduct of
elections; eliminating straig ht-party voting; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 20 21, Section 7-119, is
amended to read as follows:
Section 7-119. The voter shall v ote by marking the ballot as
prescribed by the Secretary of the State Election Board for the
party of his choice or for the voter's choice of candidates of his
choice or for the answer he choice the voter desires to select on
each question.
SECTION 2. AMENDATORY 26 O.S. 20 21, Section 7-127, is
amended to read as follows:
Section 7-127. 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;
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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 counte d;
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; and
5. A valid marking marked for a political party shall be
counted as a vote for each of the political pa rty's candidates on
that ballot, except that a valid marking marked f or 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 off ices 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 affecte d.
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SECTION 3. This act shall become effective Novem ber 1, 2023.
59-1-6726 LRB 12/16/22