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Oklahoma Legislature· HB 1678Becomes law without Governor's signature 05/29/2025

An act relating to elections, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1678               By: Townley

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6                               AS INTRODUCED

7   An Act relating to elections; amending 26 O.S. 2021,

    Section 8-105, which relates to tie votes; directing

8   for a second election to be held in the case of tie

    votes; and providing an effective date.

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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

12  SECTION 1.      AMENDATORY  26 O.S. 2021, Section 8-105, is

13 amended to read as follows:

14  Section 8-105. A. When a tie vote is certified in the

15 nomination or election of any candidate in any Runoff Primary,

16 General Election or any Primary Election, a second vote shall be set

17 for twenty (20) days from the date of certification.

18  B. When a second tie vote is certified in the nomination or

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

20 any Primary Election, the election board which is authorized by law

21 to issue the certified list or certificate of election shall, at a

22 public meeting of the board and in the presence of the candidates

23 involved or their designee, if they or any of them desire to be

24 present, select the nominee or electee by lot.

    Req. No. 10002                                                  Page 1
1   B. C. When a nominee or electee is to be selected by lot

2 pursuant to the provisions of this section, the following procedures

3 shall be observed:

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

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

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

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

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

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

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

11 the meeting on the candidate's behalf. The designation shall be

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

13 secretary of the appropriate election board;

14  3. The secretary of the appropriate election board shall, in

15 full view of those present at the meeting, clearly write or print

16 the name of each tied candidate on separate pieces of paper

17 measuring approximately equal size. The names of the candidates

18 shall be written or printed on the same color and type of paper.

19 The papers shall be folded in half one time so that the written

20 names are not visible and shall be placed into a container selected

21 by the secretary of the appropriate election board;

22  4. The secretary shall draw, or may designate a person other

23 than the candidates, witnesses or other person directly interested

24 in the election to draw, one paper, and the name of the nominee or

    Req. No. 10002                                                  Page 2
1 electee appearing on the first drawn paper shall be declared the

2 winner. The secretary shall then expose the other name or names not

3 drawn to all witnesses present; and

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

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

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

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

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

9 tied candidates shall be placed on the Runoff Primary ballot.

10  SECTION 2. This act shall become effective November 1, 2025.

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12  60-1-10002      MJ  11/18/24

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    Req. No. 10002                                               Page 3
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