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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 989 By: Jett
AS INTRODUCED
An Act relating to election results; ame nding Section
26 O.S. 2021, Section 3-130, which relates to post-
election audit of election results ; requiring post-
election audits for certain election results in
randomly selected counties; authorizing additional
post-election audits; clarifying authority to
promulgate certain policies, rules and proc edures;
modifying definition; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, 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
used in the elections correctly tabulated votes. Post-election
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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 S tate 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 software used in a particul ar 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 report 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 procedures 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
ballots by a secreta ry of a county election board or other
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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 promulga ted 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. This act shall become effective November 1, 2023.
59-1-1651 TEK 1/19/2023 12:08:30 PM