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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 962 By: Haste
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6 AS INTRODUCED
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7 An Act relating to elections; amending 26 O.S. 2021,
7 Sections 8-111 and 8-120, which relate to petition
8 for recount and petition relating irregularities;
8 increasing certain amounts required for certain
9 recounts; stating requirements for certain petition;
9 requiring reimbursement of certain costs; modifying
10 provisions related to certain petition; establishing
10 provisions for certain refund; updating statutory
11 language; making language gender neutral; and
11 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 26 O.S. 2021, Section 8-111, is
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17 amended to read as follows:
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18 Section 8-111. A. 1. In the event a candidate or individual
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19 authorized to request a recount requests a recount of the ballots
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20 cast in an election, it must set forth in the petition the precincts
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21 and absentee ballots which are to be recounted.
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22 2. The petition must be accompanied by either a cashier's check
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23 or certified check for each county affected by the petition.
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1 3. The candidate or individual may indicate in the petition
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2 requesting the recount that the candidate or individual desires to
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3 have the ballots recounted manually or by electronic voting devices.
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4 Failure by the candidate or individual to state such preference for
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5 a manual recount in the petition shall result in a recount by
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6 electronic voting devices.
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7 4. a. If the candidate or individual requests that the
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8 ballots be recounted manually, the petition must be
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9 accompanied by a cashier's check or certified check in
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10 the amount of Six Hundred Dollars ($600.00) One
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11 Thousand Dollars ($1,000.00) for each three thousand
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12 (3,000) ballots or fraction thereof, to be recounted
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13 for each county affected.
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14 b. If the candidate or individual requests that the
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15 ballots be recounted by electronic device, the
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16 petition must be accompanied by a cashier's check or
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17 certified check in the amount of Six Hundred Dollars
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18 ($600.00) Eight Hundred Dollars ($800.00) for the
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19 first three thousand (3,000) ballots or fraction
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20 thereof and Three Hundred Dollars ($300.00) Five
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21 Hundred Dollars ($500.00) for each additional five
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22 thousand (5,000) ballots or fraction thereof, to be
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23 recounted for each affected county.
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1 5. If the petition for a recount is filed with the State
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2 Election Board, the petition must be accompanied by a cashier's
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3 check in the amount of Three Hundred Dollars ($300.00) in addition
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4 to the amounts required in paragraph 4 of this subsection.
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5 6. In elections involving candidates, an additional frivolous
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6 recount deposit equal to the total of the deposits required by
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7 paragraphs 2, 4 and 5 of this subsection shall be required if the
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8 margin between the first-place candidate and second-place candidate
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9 is ten percent (10%) or greater. Provided, in a Primary Election
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10 involving three or more candidates where a Runoff Primary may be
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11 required, and where the margin between the second-place candidate
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12 and third-place candidate is less than one percent (1%), or where
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13 the first-place candidate is one percent (1%) above or below a
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14 majority, then no additional deposit shall be required.
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15 7. For an election involving candidates, the petition shall be
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16 filed with the secretary of the election board with whom the
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17 candidate filed the candidate's declaration of candidacy, unless
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18 otherwise provided for by law. The petition may only be filed by a
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19 candidate whose name was printed on the ballot for that office in
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20 that election.
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21 8. When such petition is properly filed, it shall be the duty
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22 of the secretary of the appropriate election board to order the
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23 recount to begin not less than three (3) nor more than ten (10) days
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24 from the date of filing of the petition.
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1 9. a. In elections involving candidates, it shall be the
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2 duty of such contestant to cause to be served upon the
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3 opposing candidate or candidates, and directly
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4 affected by the contest, a true copy of the petition
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5 and a true copy of the order.
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6 b. Service shall be made in person where possible, within
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7 twenty-four (24) hours after the filing of the
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8 original petition of contest. Service shall be made
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9 by the sheriff of the county as to all offices, except
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10 that of sheriff, in which case the same shall be
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11 served by the county clerk and the certificate of
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12 returns of such sheriff or county clerk, showing the
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13 inability to make such service within the above-
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14 mentioned time, shall be deemed sufficient proof of
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15 the absence of such candidate, or candidates, or the
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16 inability to serve such notice upon the candidate, and
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17 to justify the constructive service hereafter
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18 provided.
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19 c. Where personal service is impossible, within the time,
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20 it is hereby made the duty of the contestant to serve
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21 true copies upon the secretary of the appropriate
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22 election board. Provided that for the purpose of such
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23 constructive service, the secretaries of the county
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24 election boards are hereby made and constituted the
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Req. No. 1528 Page 4
1 service agents for all contests of elections filed in
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2 accordance herewith. By filing declaration of
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3 candidacy for election, a candidate shall thereby be
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4 conclusively presumed to have accepted the terms and
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5 provisions hereof and specifically the aforesaid
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6 constructive service. When constructive service
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7 becomes necessary, constructive service shall be made
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8 at the date, time and place of the hearing.
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9 B. For elections on issues or questions when no candidate is
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10 involved and a majority is required for approval, recounts shall be
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11 authorized only when:
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12 1. The margin of votes between those for and those against the
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13 issue is one hundred fifty (150) or less when fifteen thousand
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14 (15,000) or more total votes are counted for and against the issue
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15 or question; or
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16 2. The margin of votes between those for and those against the
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17 issue is one percent (1%) or less of the total number of votes cast
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18 on the issue when fourteen thousand nine hundred ninety-nine
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19 (14,999) or fewer total votes are cast for and against the issue or
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20 question.
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21 Provided, furthermore, that a recount is authorized only after an
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22 individual, who is a registered voter and who participated in the
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23 election, presents to the appropriate county election board a
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24 petition signed by one hundred fifty (150) registered voters who
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Req. No. 1528 Page 5
1 participated in the election when fifteen thousand (15,000) or more
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2 total votes are counted for and against the question, or if fourteen
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3 thousand nine hundred ninety-nine (14,999) or fewer votes are cast
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4 for and against the issue, by a number of registered voters who
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5 participated in the election equal to one percent (1%) or more of
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6 the total votes cast for and against the issue.
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7 C. For elections on issues or questions when no candidate is
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8 involved and more than a majority is required for approval, recounts
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9 shall be authorized only when:
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10 1. The margin of votes between those for the issue and the
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11 number required for approval is one hundred fifty (150) or less when
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12 fifteen thousand (15,000) or more total votes are counted for and
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13 against the issue or question; or
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14 2. The margin of votes between those for the issue and the
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15 number required for approval is one percent (1%) or less of the
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16 total number of votes cast on the issue when fourteen thousand nine
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17 hundred ninety-nine (14,999) or fewer total votes are cast for and
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18 against the issue or question.
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19 Provided, furthermore, that a recount is authorized only after an
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20 individual, who is a registered voter and who participated in the
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21 election, presents to the appropriate county election board a
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22 petition signed by one hundred fifty (150) registered voters who
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23 participated in the election when fifteen thousand (15,000) or more
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24 total votes are counted for and against the question, or if fourteen
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1 thousand nine hundred ninety-nine (14,999) or fewer votes are cast
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2 for and against the issue, by a number of registered voters who
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3 participated in the election equal to one percent (1%) or more of
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4 the total votes cast for and against the issue.
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5 D. Within twenty-four (24) hours after a petition required in
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6 subsections B and C of this section is filed, not counting Saturday,
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7 Sunday or legal holidays, the secretary of the county election board
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8 who received the petition shall determine, pursuant to rules
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9 promulgated by the Secretary of the State Election Board, if the
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10 petition contains a sufficient number of valid signatures of
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11 registered voters who participated in the election.
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12 E. Recounts of issue or question elections shall not be
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13 permitted of any statewide election, except as follows:
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14 1. The Governor or the Attorney General may request a recount
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15 of any state question. The request shall be in the form of a
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16 petition prescribed by the Secretary of the State Election Board.
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17 The petition shall be filed with the Secretary of the State Election
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18 Board no later than the deadline provided in Section 8-109 of this
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19 title, and the petition shall be accompanied by a cashier's check or
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20 certified check in the amount required by subsection A of this
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21 section.
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22 2. Subject to available funding, the Secretary of the State
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23 Election Board shall order an automatic recount of a state question
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24 if:
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1 a. the margin of votes required for approval is one-half
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2 of one percent (1/2 of 1%) or less of the total number
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3 of votes cast for and against a state question
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4 involving a statutory issue or question, and
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5 b. the margin of votes required for approval is one
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6 percent (1%) or less of the total number of votes cast
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7 for and against a state question involving a
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8 constitutional issue or question.
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9 For the purposes of this paragraph, "available funding" shall mean a
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10 balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more
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11 in the State Question Recount Revolving Fund as of the date of the
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12 election.
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13 3. Unless otherwise provided in this subsection, the general
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14 laws governing recounts shall be applicable to such recounts.
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15 4. The Secretary of the State Election Board shall determine
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16 the dates and times each county election board shall begin a recount
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17 pursuant to this subsection. Provided, such a recount shall be
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18 concluded no later than forty-five (45) days after the date of the
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19 election.
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20 5. The Secretary of the State Election Board may prescribe such
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21 rules and procedures as may be necessary to implement the provisions
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22 of this subsection.
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23 F. There is hereby created in the State Treasury a revolving
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24 fund for the State Election Board to be designated the "State
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1 Question Recount Revolving Fund". The fund shall consist of monies
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2 appropriated by the Legislature.
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3 1. The revolving fund shall be a continuing fund, not subject
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4 to fiscal year limitations, provided that at no point shall the
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5 balance in the fund exceed Five Hundred Thousand Dollars
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6 ($500,000.00) and shall be under the administrative direction of the
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7 Secretary of the State Election Board. Fees collected each fiscal
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8 year in excess of the Five Hundred Thousand Dollars ($500,000.00)
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9 balance limitation shall be placed to the credit of the State
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10 Election Board Revolving Fund.
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11 2. Expenditures from the fund shall be limited to:
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12 a. the costs of the State Election Board directly related
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13 to conducting a recount of a state question pursuant
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14 to paragraph 2 of subsection E of this section, and
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15 b. reimbursements to county election boards for costs
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16 directly related to conducting a recount of a state
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17 question pursuant to paragraph 2 of subsection E of
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18 this section.
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19 3. Warrants for expenditures from said fund shall be drawn by
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20 the State Treasurer, based on claims signed by employees authorized
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21 by the Secretary of the State Election Board and approved for
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22 payment by the Director of the Office of Management and Enterprise
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23 Services.
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1 4. All interest earned on the balance of funds in the State
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2 Question Recount Revolving Fund shall be deposited by the State
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3 Treasurer into the fund on a monthly basis.
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4 SECTION 2. AMENDATORY 26 O.S. 2021, Section 8-120, is
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5 amended to read as follows:
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6 Section 8-120. A. When a petition alleging irregularities
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7 other than fraud is filed, said such petition must allege a
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8 sufficient number of irregularities and of such nature as to:
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9 1. Prove that the contestant is lawfully entitled to be
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10 certified the party's nominee or to be issued a certificate of
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11 election, or to have his or her name appear on the Runoff Primary
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12 Election ballot; or
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13 2. Prove that it is impossible to determine with mathematical
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14 certainty which candidate is entitled to be certified as the party's
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15 nominee or to be issued a certificate of election, or to have his or
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16 her name appear on the Runoff Primary Election ballot.
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17 B. 1. The petition shall set forth specific allegations of
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18 actual irregularities in certain precincts or in the casting of
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19 absentee ballots. The petition shall not contain speculation as to
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20 mere possibilities that irregularities may have occurred or claims
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21 of mere statutory informalities. Additional irregularities may be
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22 presented at the hearing if not known to the contestant at the time
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23 the petition is filed.
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1 2. If such allegations are not made or are not supported by the
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2 evidence provided, the petition shall be deemed frivolous by the
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3 presiding judge and shall be dismissed. Upon such a dismissal, the
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4 presiding judge shall require the petitioner to reimburse the court
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5 for all reasonable costs associated with the hearing and to pay
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6 reasonable attorney fees to the attorneys of the contestee, the
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7 county election board, and the State Election Board.
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8 Said C. The petition must be accompanied by either a cashier's
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9 check or certified check in the amount of Two Hundred Fifty Dollars
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10 ($250.00) for each county affected by the petition. Said petition
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11 must set forth specific allegations of irregularities in certain
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12 precincts or in the casting of absentee ballots. The deposit shall
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13 be refunded to the petitioner only if the petition is successful and
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14 a new election is ordered by the judge.
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15 D. If said the petition is filed in the manner herein provided,
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16 the district judge of the county or such other judge as may be
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17 assigned by the Supreme Court shall hear and determine said the
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18 issue in the same manner as provided for a petition alleging fraud.
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19 E. On the day of the hearing, the contestee may file an answer
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20 to the petition or may file a cross petition setting forth in
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21 detail, as required of petitioner herein, such claim of
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22 irregularities. A cross petition must be accompanied by either a
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23 cashier's check or certified check in the amount of Two Hundred
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24 Fifty Dollars ($250.00) for each county affected by the cross
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1 petition. Deposits shall be used to defray actual costs as provided
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2 for recounts.
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3 SECTION 3. This act shall become effective November 1, 2025.
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Req. No. 1528 Page 12Every fact on this page links to its source, starting with the official bill record.