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.
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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