{"data":{"id":"us-ok/okla.-stat.-tit.-26-26-8-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 26, § 26-8-105","heading":"Tie votes","body":"A. When a tie vote is certified in the nomination or election\n\nof any candidate in any Runoff Primary, General Election, or Primary\n\nElection, the election board that is authorized by law to issue the\n\ncertified list or certificate of election shall, at a public meeting\n\nof the board and in the presence of the candidates involved or their\n\ndesignee, if they or any of them desire to be present, select the\n\nnominee or electee by lot.\n\nB. When a nominee or electee is to be selected by lot pursuant\n\nto the provisions of this section, the following procedures shall be\n\nobserved:\n\n1. The secretary of the appropriate election board shall, on or\n\nbefore the tenth day following the election, notify each of the\n\ntying candidates for which the vote was tied. The notice shall\n\ninclude the time, date, and location of the selection, shall be made\n\nin writing by registered or certified mail, and shall be postmarked\n\nnot fewer than five (5) days prior to the meeting;\n\n2. A candidate may designate one person as a witness to attend\n\nthe meeting on the candidate’s behalf. The designation shall be\n\nmade in writing, signed by the candidate, and presented to the\n\nsecretary;\n\n3. The secretary shall, in full view of those present at the\n\nmeeting, clearly write or print the name of each tied candidate on\n\nseparate pieces of paper measuring approximately equal size. The\n\nnames of the candidates shall be written or printed on the same\n\ncolor and type of paper. The papers shall be folded so that the\n\nwritten names are not visible and shall each be placed into a\n\nseparate small opaque container of equal characteristics selected by\n\nthe secretary. The opaque containers shall then be placed inside a\n\nlarger transparent container in which the opaque canisters shall be\n\ntumbled or shaken so that the opaque containers change position with\n\nrespect to each other;\n\n4. The secretary shall designate a person other than the\n\ncandidates, witnesses, or other person directly interested in the\n\nelection to draw one opaque container from inside the transparent\n\ncontainer, and the name of the nominee or electee appearing on the\n\npaper inside the first drawn opaque container shall be declared the\n\nwinner. The secretary’s designee shall then expose the other name\n\nor names not drawn to all witnesses present; and\n\n5. The meeting shall be held on a weekday, holidays excepted,\n\nbetween the hours of 7:00 a.m. and 7:00 p.m.\n\nC. When there are three (3) or more candidates and a tie for\n\nfirst place occurs for the nomination of a candidate at a Primary\n\nElection for which a Runoff Primary will be held, the names of the\n\ntied candidates shall be placed on the Runoff Primary ballot.\n\nD. The procedures prescribed in this section shall not apply to\n\nelections of state officers pursuant to Section 5 of Article VI of\n\nthe Oklahoma Constitution.","path":["OK Code","Title 26"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os26.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ca4984d0e51a097e7fdbef76833867ceca3b30cac70afbe4ce303001d4c6a0b6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-26-26-8-104","next":"us-ok/okla.-stat.-tit.-26-26-8-106"},"notice":"GroundRules: Original legal text. Not legal advice."}