Okla. Stat. tit. 26, § 26-8-105

This is the official text of Okla. Stat. tit. 26, § 26-8-105, part of Oklahoma’s Stat. tit. 26, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 26,." Browse the sections below, each linked to its official government source.

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Tie votes

Official statutory text

A. When a tie vote is certified in the nomination or election

of any candidate in any Runoff Primary, General Election, or Primary

Election, the election board that is authorized by law to issue the

certified list or certificate of election shall, at a public meeting

of the board and in the presence of the candidates involved or their

designee, if they or any of them desire to be present, select the

nominee or electee by lot.

B. When a nominee or electee is to be selected by lot pursuant

to the provisions of this section, the following procedures shall be

observed:

1. The secretary of the appropriate election board shall, on or

before the tenth day following the election, notify each of the

tying candidates for which the vote was tied. The notice shall

include the time, date, and location of the selection, shall be made

Oklahoma Statutes - Title 26. Elections Page 109

in writing by registered or certified mail, and shall be postmarked

not fewer than five (5) days prior to the meeting;

2. A candidate may designate one person as a witness to attend

the meeting on the candidate’s behalf. The designation shall be

made in writing, signed by the candidate, and presented to the

secretary;

3. The secretary shall, in full view of those present at the

meeting, clearly write or print the name of each tied candidate on

separate pieces of paper measuring approximately equal size. The

names of the candidates shall be written or printed on the same

color and type of paper. The papers shall be folded so that the

written names are not visible and shall each be placed into a

separate small opaque container of equal characteristics selected by

the secretary. The opaque containers shall then be placed inside a

larger transparent container in which the opaque canisters shall be

tumbled or shaken so that the opaque containers change position with

respect to each other;

4. The secretary shall designate a person other than the

candidates, witnesses, or other person directly interested in the

election to draw one opaque container from inside the transparent

container, and the name of the nominee or electee appearing on the

paper inside the first drawn opaque container shall be declared the

winner. The secretary’s designee shall then expose the other name

or names not drawn to all witnesses present; and

5. The meeting shall be held on a weekday, holidays excepted,

between the hours of 7:00 a.m. and 7:00 p.m.

C. When there are three (3) or more candidates and a tie for

first place occurs for the nomination of a candidate at a Primary

Election for which a Runoff Primary will be held, the names of the

tied candidates shall be placed on the Runoff Primary ballot.

D. The procedures prescribed in this section shall not apply to

elections of state officers pursuant to Section 5 of Article VI of

the Oklahoma Constitution.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.