Req. No. 10551 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 1010 By: Jenkins AS INTRODUCED An Act relating to elections; creating the Presidential Preference Primary Modernization Act of 2025; amending 26 O.S. 2021, Section 20 -104, which relates to certification of candidates and delegate voting; directing the Secretary of the State Election Board to calculate certain costs related to the Presidential Preferential Primary ballot; directing the Secretary to issue an invoice for c ertain costs; requiring invoice to include detailed accounting; requiring payment by political party; establishing penalty; permitting appeal by the state central committee of a political party; establishing timeline; directing the State Election Board to conduct necessary hearings or reviews; providing for noncodification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cite d as the "Presidential Preference Primary Modernization Act of 2025 ". SECTION 2. AMENDATORY 26 O.S. 2021, Section 20 -104, is amended to read as follows: Req. No. 10551 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 20-104. A. Upon the completion of the state canvass of the results of the Presidential Preferential Primary, the Secretary of the State Election Board shall certify to the state chairman of each political party which has candidates participating in the primary: 1. the names of the party 's candidates and the votes each received, by congressional district as well as statewide; and 2. the total of the votes cast in the political party, by congressional district as well as statewide. B. Each candidate shall be awarded delegates by congressional districts proportionately, by the ratio of votes they received to the total vote cast in said congressional district; provided however, no delegates shall be awarded to any candidate receiving less than fifteen percent (15%) of the vote, and such votes shall be allocated among the oth er candidates in proportion to their total vote. If no candidate receives fifteen percent (15%) or more of the vote, then the candidate receiving the highest number of votes in that district shall be awarded all the delegates from that district. C. The candidate receiving the largest number of votes statewide shall be awarded all delegate votes authorized by the National Committee of the political party which are selected as the at-large delegates at the state convention of said party. Req. No. 10551 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. Votes shall be allocated on a basis of not less than one - half (1/2) delegate vote or the minimum allowed by the national party rules. E. Each political party shall then select, by a method to be determined by the party, as many delegates to the national party convention as are allotted it by the national committee of that party. F. No later than 5:00 p.m. on the tenth day of January, 1988, and each year thereafter in which the President and Vi ce President of the United States are to be elected, the Attorney General shal l submit to the Secretary of the State Election Board notice of the manner in which results of the next following Presidential Preferential Primary are to be certified and to who m said results are to be certified. The State Election Board shall certify results according to the manner prescribed in the notice. The Attorney General shall be required to provide said notice in such a way as to be consistent with the methods required by the recognized political parties relative to selection of delegates to the ir national conventions. G. Each delegate or alternate delegate to the national convention of his political party shall cast their vote on all ballots for the candidate who rece ived this state's vote. If that candidate is for any reason no longer a candidate, the votes of the Oklahoma delegation shall be cast for any candidate of their choice. Req. No. 10551 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. If the political parties involved in the primary elections will not accept the min imum threshold or other provisions of this section, or have a different method of allocating the votes of all candidates falling below such threshold, either as to the congressional districts or statewide vote, then these matters may be governed by the respective political parties involved. I. In the event that the delegates to a political party to the national convention cast their votes for a candidate other than the candidate who received this state 's vote, except in cases where the candidate has become deceased or has been declared disabled under the Twenty-Fifth Amendment to th e United States Constitution, the Secretary of the State Election Board shall calculate the total cost incurred by the state for including that candidate on the ballot. The Secretary shall issue an invoice to the state central committee of the political party for the amount calculated. The invoice issued under the provisions of this section shall include a detailed accounting of all costs incurred by the state for including the candidate on the Presidential Preferential Primary ballot, including but not limited to, administrative expenses, ballot printing, and election staffing. The political party shall remit full payment to the State Election Board within ninety (90) days of r eceiving the invoice. Failure to pay the invoiced amount within the specified timeframe shall result in the ineligibility of that political Req. No. 10551 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 party's candidates to appear on the ballot in the subsequent Presidential Preferential Primary. J. If the state central committee of a political party disputes the amount of an invoice issued pursuant to Subsection I of this act, it may file a written appeal to the State Election Board within thirty (30) days of receiving the invoice. The appeal shall specify the items and amounts in dispute and provide any supporting documentation or reasoning. Upon receipt of a timely appeal, the State Election Board shall conduct any necessary hearings or reviews and issue a written decision and any invoice modifications within sixty (60) days of receiving the appeal. SECTION 3. This act shall become effective November 1, 2025. 60-1-10551 MJ 12/04/24