Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1010 Introduced / Bill

Filed 12/10/2024

                     
 
 
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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:   
 
 
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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.   
 
 
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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.   
 
 
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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   
 
 
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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