Okla. Stat. tit. 26, § 26-8-111

notice - Recounts of issue or question elections.

A. 1. In the event a candidate or individual authorized to

request a recount requests a recount of the ballots cast in an

election, it must set forth in the petition the precincts and

absentee ballots which are to be recounted.

2. The petition must be accompanied by either a cashier's check

or certified check for each county affected by the petition.

3. The candidate or individual may indicate in the petition

requesting the recount that the candidate or individual desires to

have the ballots recounted manually or by electronic voting devices.

Failure by the candidate or individual to state such preference for

a manual recount in the petition shall result in a recount by

electronic voting devices.

4. a. If the candidate or individual requests that the

ballots be recounted manually, the petition must be

accompanied by a cashier's check or certified check in

the amount of Six Hundred Dollars ($600.00) for each

three thousand (3,000) ballots or fraction thereof, to

be recounted for each county affected.

b. If the candidate or individual requests that the

ballots be recounted by electronic device, the

petition must be accompanied by a cashier's check or

certified check in the amount of Six Hundred Dollars

($600.00) for the first three thousand (3,000) ballots

or fraction thereof and Three Hundred Dollars

($300.00) for each additional five thousand (5,000)

ballots or fraction thereof, to be recounted for each

affected county.

5. If the petition for a recount is filed with the State

Election Board, the petition must be accompanied by a cashier's

check in the amount of Three Hundred Dollars ($300.00) in addition

to the amounts required in paragraph 4 of this subsection.

6. In elections involving candidates, an additional deposit

equal to the total of the deposits required by paragraphs 2, 4 and 5

of this subsection shall be required if the margin between the

first-place candidate and second-place candidate is ten percent

(10%) or greater. Provided, in a Primary Election involving three

or more candidates where a Runoff Primary may be required, and where

the margin between the second-place candidate and third-place

candidate is less than one percent (1%), or where the first-place

candidate is one percent (1%) above or below a majority, then no

additional deposit shall be required.

Oklahoma Statutes - Title 26. Elections Page 112

7. For an election involving candidates, the petition shall be

filed with the secretary of the election board with whom the

candidate filed the candidate's declaration of candidacy, unless

otherwise provided for by law. The petition may only be filed by a

candidate whose name was printed on the ballot for that office in

that election.

8. When such petition is properly filed, it shall be the duty

of the secretary of the appropriate election board to order the

recount to begin not less than three (3) nor more than ten (10) days

from the date of filing of the petition.

9. a. In elections involving candidates, it shall be the

duty of such contestant to cause to be served upon the

opposing candidate or candidates, and directly

affected by the contest, a true copy of the petition

and a true copy of the order.

b. Service shall be made in person where possible, within

twenty-four (24) hours after the filing of the

original petition of contest. Service shall be made

by the sheriff of the county as to all offices, except

that of sheriff, in which case the same shall be

served by the county clerk and the certificate of

returns of such sheriff or county clerk, showing the

inability to make such service within the above-

mentioned time, shall be deemed sufficient proof of

the absence of such candidate, or candidates, or the

inability to serve such notice upon the candidate, and

to justify the constructive service hereafter

provided.

c. Where personal service is impossible, within the time,
e certificate of

returns of such sheriff or county clerk, showing the

inability to make such service within the above-

mentioned time, shall be deemed sufficient proof of

the absence of such candidate, or candidates, or the

inability to serve such notice upon the candidate, and

to justify the constructive service hereafter

provided.

c. Where personal service is impossible, within the time,

it is hereby made the duty of the contestant to serve

true copies upon the secretary of the appropriate

election board. Provided that for the purpose of such

constructive service, the secretaries of the county

election boards are hereby made and constituted the

service agents for all contests of elections filed in

accordance herewith. By filing declaration of

candidacy for election, a candidate shall thereby be

conclusively presumed to have accepted the terms and

provisions hereof and specifically the aforesaid

constructive service. When constructive service

becomes necessary, constructive service shall be made

at the date, time and place of the hearing.

B. For elections on issues or questions when no candidate is

involved and a majority is required for approval, recounts shall be

authorized only when:

1. The margin of votes between those for and those against the

issue is one hundred fifty (150) or less when fifteen thousand

Oklahoma Statutes - Title 26. Elections Page 113

(15,000) or more total votes are counted for and against the issue

or question; or

2. The margin of votes between those for and those against the

issue is one percent (1%) or less of the total number of votes cast

on the issue when fourteen thousand nine hundred ninety-nine

(14,999) or fewer total votes are cast for and against the issue or

question.

Provided, furthermore, that a recount is authorized only after an

individual, who is a registered voter and who participated in the

election, presents to the appropriate county election board a

petition signed by one hundred fifty (150) registered voters who

participated in the election when fifteen thousand (15,000) or more

total votes are counted for and against the question, or if fourteen

thousand nine hundred ninety-nine (14,999) or fewer votes are cast

for and against the issue, by a number of registered voters who

participated in the election equal to one percent (1%) or more of

the total votes cast for and against the issue.

C. For elections on issues or questions when no candidate is

involved and more than a majority is required for approval, recounts

shall be authorized only when:

1. The margin of votes between those for the issue and the

number required for approval is one hundred fifty (150) or less when

fifteen thousand (15,000) or more total votes are counted for and

against the issue or question; or

2. The margin of votes between those for the issue and the

number required for approval is one percent (1%) or less of the

total number of votes cast on the issue when fourteen thousand nine

hundred ninety-nine (14,999) or fewer total votes are cast for and

against the issue or question.

Provided, furthermore, that a recount is authorized only after an

individual, who is a registered voter and who participated in the

election, presents to the appropriate county election board a

petition signed by one hundred fifty (150) registered voters who

participated in the election when fifteen thousand (15,000) or more

total votes are counted for and against the question, or if fourteen

thousand nine hundred ninety-nine (14,999) or fewer votes are cast

for and against the issue, by a number of registered voters who

participated in the election equal to one percent (1%) or more of

the total votes cast for and against the issue.

D. Within twenty-four (24) hours after a petition required in

subsections B and C of this section is filed, not counting Saturday,

Sunday or legal holidays, the secretary of the county election board
r votes are cast

for and against the issue, by a number of registered voters who

participated in the election equal to one percent (1%) or more of

the total votes cast for and against the issue.

D. Within twenty-four (24) hours after a petition required in

subsections B and C of this section is filed, not counting Saturday,

Sunday or legal holidays, the secretary of the county election board

who received the petition shall determine, pursuant to rules

promulgated by the Secretary of the State Election Board, if the

petition contains a sufficient number of valid signatures of

registered voters who participated in the election.

Oklahoma Statutes - Title 26. Elections Page 114

E. Recounts of issue or question elections shall not be

permitted of any statewide election, except as follows:

1. The Governor or the Attorney General may request a recount

of any state question. The request shall be in the form of a

petition prescribed by the Secretary of the State Election Board.

The petition shall be filed with the Secretary of the State Election

Board no later than the deadline provided in Section 8-109 of this

title, and the petition shall be accompanied by a cashier's check or

certified check in the amount required by subsection A of this

section.

2. Subject to available funding, the Secretary of the State

Election Board shall order an automatic recount of a state question

if:

a. the margin of votes required for approval is one-half

of one percent (1/2 of 1%) or less of the total number

of votes cast for and against a state question

involving a statutory issue or question, and

b. the margin of votes required for approval is one

percent (1%) or less of the total number of votes cast

for and against a state question involving a

constitutional issue or question.

For the purposes of this paragraph, "available funding" shall mean a

balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more

in the State Question Recount Revolving Fund as of the date of the

election.

3. Unless otherwise provided in this subsection, the general

laws governing recounts shall be applicable to such recounts.

4. The Secretary of the State Election Board shall determine

the dates and times each county election board shall begin a recount

pursuant to this subsection. Provided, such a recount shall be

concluded no later than forty-five (45) days after the date of the

election.

5. The Secretary of the State Election Board may prescribe such

rules and procedures as may be necessary to implement the provisions

of this subsection.

F. There is hereby created in the State Treasury a revolving

fund for the State Election Board to be designated the "State

Question Recount Revolving Fund". The fund shall consist of monies

appropriated by the Legislature.

1. The revolving fund shall be a continuing fund, not subject

to fiscal year limitations, provided that at no point shall the

balance in the fund exceed Five Hundred Thousand Dollars

($500,000.00) and shall be under the administrative direction of the

Secretary of the State Election Board. Fees collected each fiscal

year in excess of the Five Hundred Thousand Dollars ($500,000.00)

balance limitation shall be placed to the credit of the State

Election Board Revolving Fund.

Oklahoma Statutes - Title 26. Elections Page 115

2. Expenditures from the fund shall be limited to:

a. the costs of the State Election Board directly related

to conducting a recount of a state question pursuant

to paragraph 2 of subsection E of this section, and

b. reimbursements to county election boards for costs

directly related to conducting a recount of a state

question pursuant to paragraph 2 of subsection E of

this section.

3. Warrants for expenditures from said fund shall be drawn by

the State Treasurer, based on claims signed by employees authorized

by the Secretary of the State Election Board and approved for
ection E of this section, and

b. reimbursements to county election boards for costs

directly related to conducting a recount of a state

question pursuant to paragraph 2 of subsection E of

this section.

3. Warrants for expenditures from said fund shall be drawn by

the State Treasurer, based on claims signed by employees authorized

by the Secretary of the State Election Board and approved for

payment by the Director of the Office of Management and Enterprise

Services.

4. All interest earned on the balance of funds in the State

Question Recount Revolving Fund shall be deposited by the State

Treasurer into the fund on a monthly basis.