Okla. Stat. tit. 26, § 26-8-112

This is the official text of Okla. Stat. tit. 26, § 26-8-112, 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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Conduct of recount - Duties of presiding judge

Official statutory text

Once service has been accomplished, the recount shall commence

pursuant to the order executed by the secretary of the appropriate

election board. In the event of a recount for an office under the

jurisdiction of the State Election Board, the actual recount of

ballots shall be conducted by the county election board or boards as

assigned by the Secretary of the State Election Board. The recount

shall be conducted in the courtroom of the district court in the

county or counties for which the recount is requested, and it shall

be the duty of a judge of said court in and for said county to

attend and, in conjunction with said county election board, conduct

such recount. The petitioner or petitioner's agent shall be present

and remain in attendance when the district court judge calls the

proceedings to order. In the event the petitioner or petitioner's

agent is not present, the recount shall not be conducted and the

deposit shall be forfeited by the petitioner. It shall be the

exclusive and sole duty of said judge to hear evidence as to whether

the ballots have been preserved in the manner and by the officers

prescribed by law, and as to whether they are the identical ballots

cast by the voters, and that they have not been exposed to the reach

Oklahoma Statutes - Title 26. Elections Page 116

of unauthorized persons, as to afford a reasonable opportunity of

their having been changed or tampered with. The judgment of said

court upon such questions shall be final and conclusive. If the

court cannot determine that the ballots have been properly

preserved, then no recount shall be conducted. If the judgment of

the court is that the ballots have been properly preserved, then the

recount of the ballots shall be conducted immediately thereafter

under the exclusive supervision of the county election board.

Status: in_force · Read it on the official government site

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