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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2738 By: Duel
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 8-115, which relates to tabulation and
certification of votes; providing for continuous
tabulation; providing exception; and providing a n
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 8 -115, is
amended to read as follows:
Section 8-115. The counting of ballots shall continue without
pause until all votes have been tabulated. If extreme or unforeseen
circumstances occur that require suspension of the vote count, the
Secretary of the State Election Board shall notify the public o f the
suspension and the exact time that it will resume. When all the
ballots have been counted, the county election board shall tabulate
the votes and shall certify the results. In the case of county
office, said certification shall be used to issue appropriate lists
and certificates. In the case of state or district office, copie s
of said certification shall be transmitted immediately to the State
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Election Board, whose duty it shall be to retabulate all pertinent
county returns and issue appro priate lists and certificates.
In the event of a tie involving cand idates, the election b oard
authorized by law to issue the certified list or certificate of
election shall, at the meeting called to conduct the recount or to
issue the certified list or cer tificate of election, in the presence
of the candidates involved, i f they or any of them desire to be
present, select the nominee or electee by lot substantially as
prescribed in paragraphs 3 and 4 of Section 8 -105 of this title.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5685 LRB 12/28/22