Title 26. Elections
§261101. General elections.
On the first Tuesday succeeding the first Monday of November, 1976, and every four (4) years thereafter, a General Election shall be held, at which time electors for President and Vice President shall be elected. On said date, and every two (2) years thereafter, United States Senators and United States Representatives, whose terms expire before the next succeeding General Election, and state, district and county officers, whose terms expire before the next succeeding General Election, shall be elected. No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such General Election.
Laws 1974, c. 153, § 1101, operative Jan. 1, 1975; Laws 1977, c. 134, § 1.
§26-1-102. Primary elections.
A Primary Election shall be held on the last Tuesday in July of each even-numbered year, at which time each political party recognized by the laws of Oklahoma shall nominate its candidates for the offices to be filled at the next succeeding General Election, unless otherwise provided by law. No candidate's name shall be printed upon the General Election ballot unless such candidate shall have been nominated as herein provided, unless otherwise provided by law; provided further that this provision shall not exclude the right of a nonpartisan candidate to have his or her name printed upon the General Election ballots. No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such primary election.
Added by Laws 1974, c. 153, § 1-102, operative Jan. 1, 1975. Amended by Laws 1977, c. 134, § 2; Laws 2003, c. 162, § 2.
§26-1-103. Runoff primary election.
If at any Primary Election no candidate for the nomination for office of any political party receives a majority of all votes cast for all candidates of such party for the office, no candidate shall be nominated by such party for the office, but the two candidates receiving the highest number of votes at such election shall be placed on the official ballot as candidates for such nomination at a Runoff Primary Election to be held on the fourth Tuesday of August in the same year. No county, municipality or school district shall schedule an election on any date during the twenty (20) days immediately preceding the date of any such Runoff Primary Election.
Added by Laws 1974, c. 153, § 1-103, operative Jan. 1, 1975. Amended by Laws 1977, c. 134, § 2; Laws 2003, c. 162, § 3.
§261104. Closed primaries Independent voters.
A. No registered voter shall be permitted to vote in any Primary Election or Runoff Primary Election of any political party except the political party of which his registration form shows him to be a member, except as otherwise provided by this section.
B. 1. A recognized political party may permit registered voters designated as Independents pursuant to the provisions of Section 4112 of this title to vote in a Primary Election or Runoff Primary Election of the party.
2. The state chairman of the party shall, between November 1 and 30 of every oddnumbered year, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party. If the state chairman notifies the Secretary of the State Election Board of the party's intention to so permit, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held in the following two (2) calendar years. If the state chairman of one party notifies the Secretary of the State Election Board of the party's intent to so permit, the notification period specified in this paragraph shall be extended to December 15 for the state chairman of any other party to so notify or to change prior notification. A registered voter designated as Independent shall not be permitted to vote in a Primary Election or Runoff Primary Election of more than one party.
3. Failure to so notify the Secretary of the State Election Board shall serve to prohibit registered voters designated as Independents from voting in a Primary Election or Runoff Primary Election of the party.
4. A group of persons seeking to form a recognized political party pursuant to the provisions of Section 1108 of this title shall, upon filing of the petitions seeking recognition of the political party with the Secretary of the State Election Board, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party. If the party is recognized and the group of persons seeking recognition of the party notifies the Secretary of the State Election Board of such intention, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held prior to January 1 of the following evennumbered year.
Amended by Laws 1987, c. 72, § 1, eff. Nov. 1, 1987.
§26-1-105. Substitute candidates.
A. In the event of the death of a political party's nominee for office prior to the date of the General Election, a substitute candidate will be permitted to have his name placed on the General Election ballot as follows:
1. If the nominee was a candidate for county office, the political party's central committee of said county shall notify the secretary of the county election board of the name of an alternative candidate to be placed on the General Election ballot. Such notice shall be submitted in writing, within fifteen (15) days after said death has occurred, but not later than fifty-five (55) days prior to the General Election, and shall be signed by at least two duly authorized members of the political party's county central committee;
2. If the nominee was a candidate who filed a Declaration of Candidacy with the State Election Board, the state central committee of the party affected shall notify the Secretary of the State Election Board of the name of an alternative candidate to be placed on the General Election ballot. Such notice shall be submitted in writing, within fifteen (15) days after said death has occurred, but not later than sixty (60) days prior to the General Election for statewide and federal offices and not later than fifty-five (55) days prior to the General Election for other offices, and shall be signed by at least two duly authorized members of the political party's state central committee; and
3. If said death should occur five (5) days or more following the Runoff Primary Election date, a special General Election shall be called by the Governor and shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title, except that there shall be no filing period or special Primary Election and the candidates in the special General Election shall be the substitute candidate named by the central committee and the nominee of other political parties elected in the Primary or Runoff Primary, and any previously filed independent candidates.
B. In the event of the death of a candidate who was unopposed for election, a Special Election shall be called by the Governor. Said Special Election shall be conducted according to the laws governing such elections, Section 12-101 et seq. of this title.
Added by Laws 1974, c. 153, § 1-105, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 1, emerg. eff. June 6, 1983; Laws 1990, c. 190, § 1, eff. Sept. 1, 1990; Laws 2009, c. 221, § 1, eff. Nov. 1, 2009.
§26-1-106. Determining dates.
In determining the date of any event pertaining to elections which date is fixed by statute as occurring a certain number of days before or after an election, neither the day of the election nor the day of the event shall be counted. If the date set by law for an event pertaining to an election falls on an official holiday, the Secretary of the State Election Board shall have the authority to move the event to a preceding business day or to the next succeeding business day as appropriate for completion of the event.
Laws 1974, c. 153, § 1-106, operative Jan. 1, 1975. Amended by Laws 2004, c. 545, § 1, eff. July 1, 2005.
§261107. Recognized political parties.
Recognized political parties shall include parties whose candidates' names appeared on the General Election ballot in 1974, and those parties which shall be formed according to law.
Laws 1974, c. 153, § 1107, operative Jan. 1, 1975.
§26-1-108. Formation of new political parties.
A group of persons may form a recognized political party at any time except during the period between June 1 and November 15 of any evennumbered year if the following procedure is observed:
1. Notice of intent to form a recognized political party must be filed in writing with the Secretary of the State Election Board at any time except during the period between March 1 and November 15 of any evennumbered year.
2. After such notice is filed, petitions seeking recognition of a political party, in a form to be prescribed by the Secretary of the State Election Board, shall be filed with such Secretary, bearing the signatures of registered voters equal to at least five percent (5%) of the total votes cast in the last General Election either for Governor or for electors for President and Vice President. Each page of such petitions must contain the names of registered voters from a single county. Petitions may be circulated a maximum of one (1) year after notice is filed, provided that petitions shall be filed with such Secretary no later than May 1 of an evennumbered year. Such petitions shall not be circulated between May 1 and November 15 of any evennumbered year.
3. Within thirty (30) days after receipt of such petitions, the State Election Board shall determine the sufficiency of such petitions. If such Board determines there are a sufficient number of valid signatures of registered voters, the party becomes recognized under the laws of the State of Oklahoma with all rights and obligations accruing thereto.
Added by Laws 1974, c. 153, § 1-108, operative Jan. 1, 1975. Amended by Laws 1985, c. 269, § 1; Laws 2003, c. 485, § 1; Laws 2004, c. 53, § 6, emerg. eff. April 1, 2004.
§26-1-109. Party ceases to be recognized.
A. Any recognized political party whose nominee for Governor or nominees for electors for President and Vice President fail to receive at least ten percent (10%) of the total votes cast for said offices in any General Election shall cease to be a recognized political party. Said party may regain recognition only by following the procedure prescribed for formation of new political parties. The State Election Board shall proclaim the fact of a party's failure to receive a sufficient number of votes and shall order that said party cease to be recognized.
B. Any recognized political party that ceases to be recognized under provisions of this section shall be designated as a political organization. Such political organization designation shall terminate four (4) years from the date that the political party ceases to be recognized or when the political organization regains recognition as a political party, whichever is earlier.
Added by Laws 1974, c. 153, § 1-109, operative Jan. 1, 1975. Amended by Laws 1999, c. 88, § 1, emerg. eff. April 13, 1999.
§26-1-110. Changes in party affiliation.
A. The Secretary of the State Election Board shall, within sixty (60) days after such proclamation by the State Election Board, change to Independent the party affiliation in the Oklahoma Election Management System of each registered voter of a political party which ceases to be a recognized political party.
B. The Secretary of the State Election Board shall change to Independent the party affiliation in the Oklahoma Election Management System of each registered voter of a political organization which ceases to be a political organization.
Added by Laws 1974, c. 153, § 1-110, operative Jan. 1, 1975. Amended by Laws 1990, c. 331, § 1, eff. July 1, 1990; Laws 1999, c. 88, § 2, emerg. eff. April 13, 1999; Laws 2000, c. 358, § 2, eff. July 1, 2000.
§26-1-111. Repealed by Laws 1991, c. 129, § 5, eff. April 1, 1992.
§262101. State Election Board Number of members.
The State Election Board shall be composed of three (3) members, each of whom shall be appointed by the Governor upon advice and consent of the Senate.
Amended by Laws 1983, c. 9, § 178, emerg. eff. March 17, 1983.
§262101.1. Appointment of members from certain political parties.
No later than February 15, 1983, and every four (4) years thereafter, the state central committee of the political party having the largest number of registered voters, based upon the latest January 1 registration report, shall submit to the Governor a list of ten (10) nominees for membership on the State Election Board, and the state central committee of the political party having the second largest number of registered voters, based upon the latest January 1 registration report, shall submit to the Governor a list of five (5) nominees for membership on the State Election Board. The Governor shall be confined to the lists of names submitted by each party and shall appoint two (2) members of the State Election Board from the political party with the largest number of registered voters, and one (1) member of the State Election Board from the political party with the second largest number of registered voters. Appointments shall be made no later than March 1, 1983, and every four (4) years thereafter.
Laws 1981, c. 286, § 2, emerg. eff. June 29, 1981.
§262101.2. Vacancy by death or resignation Filling.
In the event of a vacancy created by death or resignation, the Governor shall, within thirty (30) days after such vacancy occurs, appoint, upon the advice and consent of the Senate, a member of the same party to fill the unexpired term from a list of five (5) nominees submitted by the party's state central committee within fifteen (15) days after said vacancy occurs.
Laws 1981, c. 286, § 3, emerg. eff. June 29, 1981.
§262101.3. Failure of political parties to submit nominees.
Should a state central committee fail to submit nominees within the period prescribed, the Governor shall make his appointment from within the ranks of said party.
Laws 1981, c. 286, § 4, emerg. eff. June 29, 1981.
§262101.4. Vacancy by failure to attend meetings Filling.
A vacancy shall occur when a member fails to attend five (5) consecutive meetings of the Board or when a member changes his party affiliation. It shall be the duty of the other two (2) members of the Board to notify the Governor and the state central committee affected should such a vacancy occur. Said vacancy shall be filled in the manner hereinbefore provided.
Laws 1981, c. 286, § 5, emerg. eff. June 29, 1981.
§262101.5. Chairman and Vice Chairman of State Election Board to continue as members Appointment of third member.
The Chairman and Vice Chairman of the State Election Board on the effective date of this act shall continue to serve as members of the State Election Board representing their respective political parties until their successors are appointed and qualified. Within thirty (30) days after the effective date of this act, the Governor shall appoint the third member of the State Election Board in the manner prescribed for filling vacancies.
Laws 1981, c. 286, § 6, emerg. eff. June 29, 1981.
§262101.6. Secretary for State Election Board Salary.
The Secretary of the Senate shall serve as Secretary of the State Election Board at a salary established annually by the Legislature. However, the Secretary shall not be a member of the State Election Board.
Laws 1981, c. 286, § 7, emerg. eff. June 29, 1981.
§262101.7. Election of officers Terms.
On the first Monday in April, 1983, and every four (4) years thereafter, the State Election Board shall meet upon the call of the Secretary to elect a Chairman and Vice Chairman. Terms of the Chairman, Vice Chairman and member shall begin at that time.
Laws 1981, c. 286, § 8, emerg. eff. June 29, 1981.
§26-2-101.9. Travel and expense.
Members of the State Election Board shall be paid Fifty Dollars ($50.00) per diem for each meeting for the purpose of conducting hearings required by law, and Thirty-five Dollars ($35.00) per diem for other meetings, and shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Added by Laws 1992, c. 247, § 1, emerg. eff. May 21, 1992.
§262106. State Election Board duties.
The State Election Board shall perform such duties as may be prescribed by law.
Laws 1974, c. 153, § 2106, operative Jan. 1, 1975.
§26-2-107. Secretary's duties.
The Secretary of the State Election Board shall be the administrative officer of the State Election Board and shall have general supervisory authority over county election boards and shall have the authority to provide administrative supervision to any county election board, as well as the authority to stand in the place of the secretary of the county election board for the purpose of employing county election board personnel when a vacancy exists in the office of the secretary of the county election board. The Secretary shall have the authority to employ and fix the salaries and duties of such personnel as may be necessary to perform the duties of the State Election Board. The Secretary may promulgate, repeal or modify such rules or regulations as the Secretary deems necessary to facilitate and assist in achieving and maintaining uniformity in the application, operation and interpretation of the state and federal election laws and a maximum degree of correctness, impartiality and efficiency in administration of the election laws; provided, however, that such rules or regulations, to be binding and effective, must have been officially adopted by the Secretary of the State Election Board; the procedure and adoption of such rules and regulations shall be subject to the provisions of the Administrative Procedures Act. The Secretary shall promote and encourage voter registration and voter participation in elections. The Secretary shall be the chief state election official responsible for coordination of state responsibilities under the National Voter Registration Act of 1993 and under the Help America Vote Act of 2002. The Secretary shall have the authority to implement programs for confirmation of voter registration and for removal of ineligible voters in compliance with general Oklahoma election law and requirements of the National Voter Registration Act of 1993.
Added by Laws 1974, c. 153, § 2-107, operative Jan. 1, 1975. Amended by Laws 1979, c. 240, § 2, emerg. eff. June 1, 1979; Laws 1992, c. 247, § 2, emerg. eff. May 21, 1992; Laws 1994, c. 260, § 1, eff. Jan. 1, 1995; Laws 2003, c. 485, § 2; Laws 2004, c. 545, § 2, eff. July 1, 2005.
§262107.1. Contracts for inspections, training and other functions.
The Secretary of the State Election Board is hereby authorized to enter into contracts with the secretary, assistant secretary, chief clerk or other personnel of a county election board, or other persons with similar qualifications, for such purposes as conducting inspections of county election boards, training and other functions which he deems necessary.
Added by Laws 1986, c. 270, § 3, operative July 1, 1986.
§262108. Offices of State Election Board.
The State Election Board shall maintain an office or offices continuously in the seat of government.
Laws 1974, c. 153, § 2108, operative Jan. 1, 1975.
§262109. Maintenance of records Records public.
The Secretary of the State Election Board shall maintain the records of the office, and such records shall be open for public inspection during regular office hours unless otherwise provided by law.
Laws 1974, c. 153, § 2109, operative Jan. 1, 1975.
§262110. County election boards Number of members.
A county election board shall be appointed in each of the seventyseven counties of Oklahoma and shall be composed of three (3) members.
Laws 1974, c. 153, § 2110, operative Jan. 1, 1975.
§26-2-111. Appointment of members and alternates - Terms - Parties to submit nominations - Vacancies.
The State Election Board shall appoint two members of each county election board, and two alternates, to serve terms of four (4) years each. No later than April 15, 1975, and every four (4) years thereafter, the county central committees of the two political parties with the largest number of registered voters in the state, based upon the latest January 15 registration report, shall each submit to the State Election Board a nominee for membership on the county election board and a nominee to serve as the alternate. The nominations must be submitted in writing and signed by at least two members of each county central committee. The State Election Board shall be confined to the nominees in making appointments, one from each party, to the county election board and one from each party to serve as the alternate. The appointments shall be made no later than May 1, 1975, and every four (4) years thereafter. If a county central committee fails to submit nominees by April 15, the State Election Board shall appoint a member and alternate to the county election board from the ranks of such party within the county. Alternates shall serve on the county election board at any meeting that the member for whom the person is an alternate is unable to attend. In the event of a vacancy, the State Election Board shall, within sixty (60) days after such vacancy occurs, appoint a member of the same party to fill the unexpired term, based on a nomination submitted by the party's county central committee in the manner hereinbefore provided within thirty (30) days after the vacancy occurs. Should a county central committee fail to submit a nominee within the prescribed period of time, the State Election Board shall appoint a member of the county election board from the ranks of said party within the county. Vacancies shall occur when a member fails to attend five consecutive meetings of the board or when a member changes the member’s party affiliation. It shall be the duty of the other two members of the board to notify the Secretary of the State Election Board should such vacancy occur. Said vacancy shall be filled in the manner hereinbefore provided.
Added by Laws 1974, c. 153, § 2-111, operative Jan. 1, 1975. Amended by Laws 1993, c. 316, § 3, eff. Sept. 1, 1993; Laws 2000, c. 358, § 3, eff. July 1, 2000.
§262111.1. Secretaries of county election boards Appointment Terms.
The State Election Board shall appoint the secretary of each county election board for a term of two (2) years beginning May 1, 1983, and every two (2) years thereafter; provided, however, that on October 1, 1981, a secretary shall be appointed in each county for the balance of a term of two (2) years ending April 30, 1983.
Laws 1981, c. 329, § 8, emerg. eff. June 30, 1981.
§262111.2. Election of officers of county election boards.
On the first Monday in June, 1983, and every four (4) years thereafter, the county election board shall meet upon call of the secretary to elect a chairman and vice chairman. The secretary can be elected neither chairman nor vice chairman but shall be a voting member of the county election board.
Laws 1981, c. 329, § 9, emerg. eff. June 30, 1981.
§262112. Secretary appointed by State Election Board.
The State Election Board shall appoint the secretary of each county election board. The State Election Board shall have the authority to remove the secretary of any county election board at any time.
Laws 1974, c. 153, § 2112, operative Jan. 1, 1975.
§262114. Removal of chairman and vice chairman.
The State Election Board shall have the authority to remove any chairman or vice chairman of any county election board at any time.
Laws 1974, c. 153, § 2114, operative Jan. 1, 1975.
§26-2-115. Compensation of chair and vice-chair.
The chair and vice-chair of each county election board shall be paid Thirty-five Dollars ($35.00) per diem in lieu of subsistence for each meeting of the county election board and shall be allowed mileage reimbursement at the rate prescribed for travel by state employees. The per diem and mileage reimbursement shall be paid by the State Election Board, except for meetings chargeable to other governmental units as provided by law; provided, the State Election Board shall not pay such reimbursement for more than forty meetings per fiscal year.
Added by Laws 1974, c. 153, § 2-115, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 2, emerg. eff. June 6, 1983; Laws 1988, c. 101, § 1, emerg. eff. April 1, 1988; Laws 2000, c. 358, § 4, eff. July 1, 2000.
§262116. Duties of county election board.
The county election board shall perform such duties as may be prescribed by law.
Laws 1974, c. 153, § 2116, operative Jan. 1, 1975.
§26-2-117. Secretary's Duties - Appointment of assistant secretary and chief clerk - Compensation.
The secretary of the county election board shall be the administrative officer of the county election board and shall have general supervisory authority over the several precinct election boards within the county. In counties having seventeen thousand five hundred or more registered voters, the secretary shall have the authority to employ and/or terminate an assistant secretary and such other employees as are necessary to perform the duties of the county election board. In counties having fewer than seventeen thousand five hundred registered voters, the secretary shall employ a chief clerk and such other employees as are necessary to perform the duties of the county election board. In the event a vacancy exists in the office of the secretary of the county election board, the Secretary of the State Election Board shall have the authority to stand in the place of the secretary of the county election board for the purpose of employing necessary county election board personnel. The secretary shall be charged with the operational responsibilities of the board, including, but not limited to, supervision, defining job positions and responsibilities of the employees, preparation of the annual budget, preparation and filing of all reports, and the implementation of policy, findings and actions lawfully prescribed or determined by the county election board. The minimum salary of the assistant secretary shall be equal to ninety percent (90%) of the scheduled salary of the secretary in the same county, but shall not exceed the salary of the highest salaried first or chief deputy or assistant to any county officer, excluding the under sheriff, in the same county. The minimum salary of the chief clerk shall be equal to the hourly rate paid of the salary of the highest salaried first or chief deputy or assistant to any county officer in the same county, excluding the undersheriff, or ninety percent (90%) of the scheduled salary of the secretary in the same county, whichever is lower. The salary limitation contained in this section shall not operate to reduce the salary of any person employed as an assistant secretary or chief clerk on May 1, 2003. Salaries of additional personnel, including personnel employed temporarily, shall not exceed the salary of the assistant secretary or chief clerk and shall be comparable to salaries paid for the same positions in other offices within the county. The salaries of the assistant secretary, chief clerk and other personnel shall be paid from county funds on a monthly basis. In the event that the secretary, assistant secretary, chief clerk, or any other essential county election board employee must be away from work for a period of time due to personal illness, family illness, or family emergency, the county shall be required to fund compensation of appropriate temporary personnel during the employee’s absence.
Added by Laws 1974, c. 153, § 2-117, operative Jan. 1, 1975. Amended by Laws 2003, c. 485, § 3; Laws 2004, c. 307, § 1, emerg. eff. May 17, 2004.
§26-2-118. Compensation of secretaries.
A. The secretary of each county election board shall be paid an annual salary to be determined by the following schedule. However, the salary of a county election board secretary shall not fall below the level of the April 30, 2003, salary, and the salary of any person who is reappointed to the position of county election board secretary shall not fall below the salary received in the immediately preceding term, regardless of the number of active registered voters in the county. A county election board secretary serving on April 30, 2004, shall not receive a salary increase if said secretary is paid an amount greater than the salary indicated in this section according to the number of registered voters in said county. A county election board secretary shall not receive a salary increase while the county is under the administrative supervision of the State Election Board.
1. Beginning May 1, 2003 and ending April 30, 2007, the annual salary, payable monthly shall be:
Registered Voters Salary
0 to 10,000 $21,588.28
10,001 to 15,000 $22,388.28
15,001 to 17,500 $26,252.45
17,501 to 25,000 $29,429.93
25,001 to 50,000 $35,846.94
50,001 to 75,000 $45,174.66
75,001 to 150,000 $50,611.26
150,001 or more $56,043.00
2. Beginning May 1, 2007, the annual salary, payable monthly shall be:
Registered Voters Salary
0 to 10,000 $22,667.69
10,001 to 15,000 $23,507.68
15,001 to 17,500 $27,565.07
17,501 to 25,000 $30,901.43
25,001 to 50,000 $37,639.29
50,001 to 75,000 $47,433.39
75,001 to 150,000 $53,141.82
150,001 or more $58,845.15
B. The salary and fringe benefits paid to each secretary shall be paid from county funds on a monthly basis and shall be reimbursed from funds appropriated by the Legislature for that purpose at a rate of not to exceed one hundred thirty-five percent (135%) of the above-specified salaries. Claims for said reimbursement shall be filed according to procedures prescribed by the Secretary of the State Election Board and approved by the Director of State Finance. Said claims for reimbursement shall only be paid for actual expenditures made by the county. The number of registered voters, for the purposes of this section, shall be determined by the number of registered voters, excluding inactive voters, in the county on January 1, 1979, and every two (2) years thereafter.
Added by Laws 1974, c. 153, § 2-118, operative Jan. 1, 1975. Amended by Laws 1975, c. 103, § 1, emerg. eff. May 2, 1975; Laws 1976, c. 228, § 5, emerg. eff. June 15, 1976; Laws 1978, c. 232, § 1, eff. July 1, 1978; Laws 1979, c. 240, § 3, eff. July 1, 1979; Laws 1980, c. 306, § 2, emerg. eff. June 17, 1980; Laws 1981, c. 329, § 5, eff. July 1, 1981; Laws 1982, c. 298, § 4, emerg. eff. May 28, 1982; Laws 1985, c. 261, § 4, emerg. eff. July 15, 1985; Laws 1987, c. 203, § 50, operative July 1, 1987; Laws 1988, c. 247, § 7, operative July 1, 1988; Laws 1989, c. 369, § 38, operative July 1, 1989; Laws 1990, c. 264, § 46, operative July 1, 1990; Laws 1991, c. 299, § 7, operative July 1, 1991; Laws 1992, c. 332, § 4, eff. July 1, 1992; Laws 1995, c. 315, § 1, eff. July 1, 1995; Laws 1996, c. 57, § 2, eff. July 1, 1996; Laws 1997, c. 384, § 13, eff. July 1, 1997; Laws 2000, c. 37, § 9, eff. Oct. 1, 2000; Laws 2001, c. 381, § 24, eff. July 1, 2001; Laws 2002, c. 447, § 2, emerg. eff. June 5, 2002; Laws 2003, c. 154, § 1, emerg. eff. April 30, 2003; Laws 2005, c. 248, § 5, eff. July 1, 2005; Laws 2006, 2nd Ex.Sess., c. 83, § 1, eff. Oct. 1, 2006.
§262119. Appropriations to county election boards.
In addition to the salary paid the secretary and assistant secretary of chief clerk, it shall be the mandatory duty of the county excise board to appropriate annually adequate funds for operating expenses of the county election board in the discharge of its duties and responsibilities.
Laws 1974, c. 153, § 2119, operative Jan. 1, 1975.
§262121. Offices of county election boards.
It shall be the mandatory duty of the county commissioners of each county to furnish, at county expense, in each county seat a suitable office for the county election board. Said office shall provide adequate space for storage of election records and supplies, voting devices, ballot boxes and adequate space for the exercise of other functions required by law of the county election board and shall be equipped with suitable furniture and office equipment and a telephone. Said office shall be convenient to the public, shall have furniture, furnishings and fixtures and other equipment comparable to other county offices within the county, and necessary to the operation of said office.
Laws 1974, c. 153, § 2121, operative Jan. 1, 1975; Laws 1991, c. 321, § 1, eff. March 1, 1992.
§26-2-122. Maintenance of records - Records public.
The secretary of the county election board shall maintain the records of the office, and such records shall be open for public inspection during regular office hours unless otherwise provided by law. The county election board office shall be open a minimum of six (6) consecutive hours per day, excluding Saturdays, Sundays and holidays. The hours open for all election boards shall include 11:30 a.m. through 1:00 p.m. each regular work day.
Added by Laws 1974, c. 153, § 2-122, operative Jan. 1, 1975. Amended by Laws 1981, c. 329, § 7, emerg. eff. June 30, 1981; Laws 1995, c. 315, § 2, eff. July 1, 1995.
§262123. Precinct election boards Number of members.
Each precinct election board within each county shall be composed of three (3) members.
Laws 1974, c. 153, § 2123, operative Jan. 1, 1975.
§26-2-124. Judge and clerk appointed by County Election Board - Terms - Parties to submit lists - Vacancies.
The county election board shall appoint two members of each precinct election board, to serve terms of four (4) years each. No later than June 15, 1975, and every four (4) years thereafter, the county central committees of the two parties with the highest number of registered voters in the state, based on the latest January 15 registration report, shall submit a list of three nominees for each precinct to the county election board. The county election board shall be confined to the list of nominees submitted by either party and shall appoint one member of each precinct election board from each party no later than July 1, 1975, and every four (4) years thereafter. If no list is submitted by a county central committee for any precinct by the specified date, or if the nominees for a precinct are unable to serve, then the county election board shall appoint one member of said precinct election board from the ranks of said party within the precinct. Terms shall begin July 1, 1975, and every four (4) years thereafter. In the event of a vacancy, the county election board shall fill the unexpired term from the last list previously submitted by the county central committee. If there is no prior list, then the vacancy shall be filled from within the ranks of the same party within the affected county. The county election board shall designate one member as judge and the other as clerk for each precinct.
Added by Laws 1974, c. 153, § 2-124, operative Jan. 1, 1975. Amended by Laws 1979, c. 240, § 4, emerg. eff. June 1, 1979; Laws 1998, c. 357, § 4, eff. Jan. 1, 1999.
§262125. Inspector appointed by county election board.
Each county election board shall appoint the inspector for each precinct election board within the county. The board shall have the authority to remove any inspector in the county at any time.
Laws 1974, c. 153, § 2125, operative Jan. 1, 1975. d
§262126. Inspector's duties.
The inspector shall be the principal administrative officer of the precinct election board.
Laws 1974, c. 153, § 2126, operative Jan. 1, 1975.
§262127. Duties of precinct election boards.
The precinct election board shall perform such duties as may be prescribed by law.
Laws 1974, c. 153, § 2127, operative Jan. 1, 1975.
§262128. Appointment of counters.
Counters for each precinct in each county shall be appointed by the county election board only as authorized by the State Election Board for any election. Insofar as is possible, no more than onehalf (1/2) of the counters in any precinct shall be members of the same party.
Laws 1974, c. 153, § 2128, operative Jan. 1, 1975.
§262128.1. Additional precinct election board members.
In anticipation of large numbers of voters in specific precincts at any election, the Secretary of the State Election Board may authorize the secretary of any county election board to appoint additional precinct election board members, in multiples of three, to assist the regular precinct election officials in processing voters. The Secretary of the State Election Board shall prescribe procedures to be used in such cases.
Added by Laws 1985, c. 193, § 9, eff. Nov. 1, 1985. d
§26-2-128.2. Additional workers.
When authorized by the Secretary of the State Election Board, the secretary of the county election board may employ additional precinct board employees to assist the precinct election board members with specific tasks. Such additional workers, when authorized and employed, shall be compensated at the same rate as the judge and clerk.
Added by Laws 2003, c. 485, § 4.
§26-2-129. Compensation of inspectors, judges, clerks and counters.
The inspector shall be paid Ninety-five Dollars ($95.00) for each election and shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act for mileage incurred to receive or return ballots and materials for the election. Judges, clerks and counters shall be paid Eighty-five Dollars ($85.00) for each election. Precinct officials assigned to work a polling place ten (10) miles or more from their home, shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act for mileage incurred from their home to and from their assigned polling place. An additional Two Dollars ($2.00) per election shall be paid to each inspector, judge, clerk and counter of a precinct from the funds of the county. Compensation provided herein shall be paid for any state, county, municipal or school district election; provided, however, that compensation for elections conducted concurrently shall not exceed in total the amount herein prescribed. Said compensation shall be paid by the State Election Board for all regular Primary, Runoff Primary and General Elections, all statewide special elections and all special elections for United States Representatives or United States Senators and State Senators or State Representatives.
Added by Laws 1974, c. 153, § 2-129, operative Jan. 1, 1975. Amended by Laws 1979, c. 240, § 5, eff. July 1, 1980; Laws 1981, c. 286, § 1, eff. July 1, 1981; Laws 1995, c. 315, § 3, eff. July 1, 1995; Laws 1998, c. 357, § 5, eff. Jan. 1, 1999; Laws 2000, c. 358, § 5, eff. July 1, 2000; Laws 2005, c. 248, § 6, eff. July 1, 2005.
§262130. Removal of judges, clerks and counters.
The county election board shall have the authority to remove any precinct judge, clerk or counter at any time.
Laws 1974, c. 153, § 2130, operative Jan. 1, 1975. d
§26-2-131. Eligibility for membership on county and precinct election boards.
To be eligible for membership on a county or precinct election board, one must be a registered voter of the county in which he will serve and demonstrate competence to perform his duties. Persons thus qualified and appointed shall be trained in their duties in a manner prescribed by the Secretary of the State Election Board.
Added by Laws 1974, c. 153, § 2-131, operative Jan. 1, 1975. Amended by Laws 1976, c. 90, § 1, emerg. eff. May 6, 1976; Laws 1995, c. 290, § 1, eff. Nov. 1, 1995; Laws 1997, c. 176, § 1, eff. Nov. 1, 1997.
§26-2-132. Disqualification of board members.
No person shall serve on a county election board, precinct election board or absentee voting board at any election in which he or she is a candidate for office, or is a deputy or regular employee of a candidate for office. No person shall serve on a precinct election board or absentee voting board at any election in which he or she is related within the third degree by either consanguinity or affinity to a candidate for office on the ballot in the precinct. In the event a member of a precinct election board is disqualified for one of the aforementioned reasons, it shall be the duty of the secretary of the county election board to appoint a suitable replacement for the official for said election. Any person so disqualified shall resign the office or position no later than ten (10) days following the close of the filing period during which such candidacy was filed.
A member of the county election board shall not participate in or carry out any duties or functions associated with the office during the actual conduct of a contest of candidacy or recount if the member is related within the third degree by either consanguinity or affinity to a candidate who is the petitioner or contestee in the contest of candidacy or who is a candidate in an election being recounted. In the event of such a contest or recount, the alternate for the member shall carry out the duties of the office during the actual conduct of the contest of candidacy or recount. The Secretary of the State Election Board shall appoint a replacement for the secretary to carry out the duties or functions of the office, including voting as a member of the county election board, during the actual conduct of the contest of candidacy or recount.
Added by Laws 1974, c. 153, § 2-132, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 3, emerg. eff. June 6, 1983; Laws 1993, c. 316, § 5, eff. Sept. 1, 1993; Laws 1994, c. 55, § 1, eff. Sept. 1, 1994; Laws 1995, c. 290, § 2, eff. Nov. 1, 1995; Laws 1997, c. 176, § 2, eff. Nov. 1, 1997.
§262133. Legal defense services.
A. The members of the State Election Board and all persons employed within the organizational framework of the State Election Board shall be entitled to free defense services by the Attorney General in any civil suit resulting from alleged acts or omissions which the Attorney General has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the State Election Board and the state.
B. All members of county election boards and all persons employed or appointed within the organizational framework of county election boards, including members of precinct election boards, shall be entitled to free defense services by the district attorney in any civil suit resulting from alleged acts or omissions which the district attorney has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the county election board, the county and the state.
C. The fact that the Attorney General or district attorney omits to provide such defense as provided within this act shall not be admissible in any such civil suit and any mention of such fact shall be deemed grounds for mistrial.
Laws 1976, c. 90, § 6, emerg. eff. May 6, 1976; Laws 1994, c. 260, § 2, eff. Jan. 1, 1995.
§26-3-101. Elections to be on Tuesdays - Scheduling of special elections - State holidays.
A. No election required to be conducted by any county election board shall be scheduled for a day other than Tuesday.
B. Except as otherwise provided by law, no special election shall be held by any county, school district, technology center school district, municipality or other entity authorized to call elections except on the second Tuesday of January, February, May, June, July, August, September, October, November and December and the first Tuesday in March and April in odd-numbered years and the second Tuesday of January, February, May, and December, the first Tuesday in March and April, the last Tuesday in July, the fourth Tuesday in August, and the first Tuesday after the first Monday in November of any even-numbered year; except in any year when a Presidential Preferential Primary Election is held in February, the date for the special elections shall be the same date as the Presidential Preferential Primary Election.
C. In the event that a regular or special election date occurs on an official state holiday, the election shall be scheduled for the next following Tuesday.
Added by Laws 1974, c. 153, § 3-101, operative Jan. 1, 1975. Amended by Laws 1991, c. 129, § 1, eff. April 1, 1992; Laws 1992, c. 247, § 3, emerg. eff. May 21, 1992; Laws 1997, c. 176, § 3, eff. Nov. 1, 1997; Laws 2001, c. 33, § 23, eff. July 1, 2001; Laws 2003, c. 485, § 5; Laws 2005, c. 224, § 1, eff. July 1, 2005.
§26-3-101.1. Oklahoma Election Management System defined.
As used in this title, Oklahoma Election Management System shall mean the computers and computer data maintained and operated by the State Election Board and the county election boards.
Added by Laws 1990, c. 331, § 2, eff. July 1, 1990.
§263102. Forms provided by State Election Board.
All forms required by law for state and county elections, except such forms as are applicable only to county elections, shall be provided by the State Election Board.
Laws 1974, c. 153, § 3102, operative Jan. 1, 1975.
§263103. Registration forms provided by State Election Board.
Forms required for implementation of registration and election laws shall be prescribed by the Secretary of the State Election Board of a uniform character suitable for the voting system in use.
Laws 1974, c. 153, § 3103, operative Jan. 1, 1975.
§26-3-104. Costs - Payment from county or state funds.
The cost of rent for polling places, absentee ballot boxes, locks and keys, voting booths and United States flags shall be paid from county funds. The costs of notice and acknowledgement mailings as required in Sections 8 and 14 of this act shall be paid from county funds. The cost of central registries, maps and other materials required to be maintained by the county election board shall be paid from county funds. The cost of other supplies necessary for the conduct of state elections shall be paid from state funds. The purchase and maintenance of computer hardware, software, voting devices and related supplies used in the Oklahoma Election Management System shall be paid from state funds. The cost of confirmation mailings required in Section 21 of this act shall be paid from state funds.
Added by Laws 1974, c. 153, § 3-104, operative Jan. 1, 1975. Amended by Laws 1990, c. 331, § 3, eff. July 1, 1990; Laws 1991, c. 321, § 2, eff. March 1, 1992; Laws 1994, c. 260, § 3, eff. Jan. 1, 1995.
§263105. Costs of county elections.
All costs for any county election not held concurrently with a state election shall be paid from county funds.
Laws 1974, c. 153, § 3105, operative Jan. 1, 1975.
§26-3-105.1. Election personnel - Compensation and benefits - Election expenses.
A. When any county, municipality, school district or other governmental entity authorizes an election to be conducted by the county election board, the secretary of the county election board shall, not less than thirty-five (35) days prior to the election, submit to the governmental entity for whom the election is authorized:
1. An itemized estimate of the number of precinct inspectors, judges, clerks, and absentee voting board members necessary for the election; and
2. An estimate of the compensation and employer's share of any benefits to be provided to each precinct inspector, judge, clerk, and absentee voting board member.
B. Not less than fifteen (15) days prior to the election, the county, municipality, school district or other governmental entity authorizing the election shall submit to the secretary of the county election board an amount of funds equal to the estimate of compensation and benefits for precinct inspectors, judges, clerks, and absentee voting board members as provided in subsection A of this section. If such amount is not submitted ten (10) days prior to the election, the secretary of the county election board shall not be required to hold the election. Upon receipt of the funds, the secretary of the county election board shall deposit the funds in the County Election Board Special Depository Account.
C. The secretary of the county election board shall issue vouchers for the compensation and benefits of precinct inspectors, judges, clerks, and absentee voting board members from the County Election Board Special Depository Account, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes. The secretary of the county election board shall provide the vouchers to the precinct inspector, except the voucher for the inspector and absentee voting board members, at the time the inspector receives supplies and ballots for the election. The vouchers shall be distributed to the appropriate precinct judges and clerks upon closing of the polls on the day of the election and to absentee voting board members upon completion of their prescribed duties, according to procedures to be prescribed by the Secretary of the State Election Board. Each precinct inspector, judge or clerk shall sign a form prescribed by the Secretary of the State Election Board acknowledging receipt of compensation and benefits. The inspector shall return the form, together with any unclaimed vouchers, to the county election board, together with the results of the election and other supplies and materials. At such time, the secretary of the county election board shall provide a voucher for payment to the inspector. The secretary of the county election board shall return any unclaimed vouchers to the county treasurer within seven (7) days after the election. If any additional vouchers for compensation and benefits are required, the secretary of the county election board shall issue such vouchers not less than seven (7) days after the election. In no event shall compensation be made until after services have been rendered.
D. As soon as practicable after conducting an election for a municipality, school district, or other governmental entity, except the state or county, the secretary of the county election board shall submit a claim to the governing body of the entity for whom the election was conducted. The claim shall itemize all expenses associated with the election, and shall deduct any amount paid by the municipality, school district or other governmental entity for the compensation and employer's share of any benefits provided to precinct inspectors, judges, clerks, and absentee voting board members pursuant to the provisions of subsection B of this section. Upon receipt of such itemized claim, the governing body shall make payment to the county election board within thirty (30) days. Upon receipt of the payment, the secretary of the county election board shall deposit the payment in the County Election Board Special Depository Account. The secretary shall disburse payments for the expenses incurred in the election, pursuant to Section 681 et seq. of Title 19 of the Oklahoma Statutes.
E. The State Election Board shall provide the compensation and employer's share of benefits for precinct inspectors, judges, clerks, and absentee voting board members in the payment made to the respective counties for elections for which said precinct inspectors, judges, cler