{"data":{"id":"us-ok/okla.-stat.-tit.-26-26-8-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 26, § 26-8-111","heading":"Petition for recount - Deposit required - Service of","body":"notice - Recounts of issue or question elections.\n\nA. 1. In the event a candidate or individual authorized to\n\nrequest a recount requests a recount of the ballots cast in an\n\nelection, it must set forth in the petition the precincts and\n\nabsentee ballots which are to be recounted.\n\n2. The petition must be accompanied by either a cashier's check\n\nor certified check for each county affected by the petition.\n\n3. The candidate or individual may indicate in the petition\n\nrequesting the recount that the candidate or individual desires to\n\nhave the ballots recounted manually or by electronic voting devices.\n\nFailure by the candidate or individual to state such preference for\n\na manual recount in the petition shall result in a recount by\n\nelectronic voting devices.\n\n4. a. If the candidate or individual requests that the\n\nballots be recounted manually, the petition must be\n\naccompanied by a cashier's check or certified check in\n\nthe amount of Six Hundred Dollars ($600.00) for each\n\nthree thousand (3,000) ballots or fraction thereof, to\n\nbe recounted for each county affected.\n\nb. If the candidate or individual requests that the\n\nballots be recounted by electronic device, the\n\npetition must be accompanied by a cashier's check or\n\ncertified check in the amount of Six Hundred Dollars\n\n($600.00) for the first three thousand (3,000) ballots\n\nor fraction thereof and Three Hundred Dollars\n\n($300.00) for each additional five thousand (5,000)\n\nballots or fraction thereof, to be recounted for each\n\naffected county.\n\n5. If the petition for a recount is filed with the State\n\nElection Board, the petition must be accompanied by a cashier's\n\ncheck in the amount of Three Hundred Dollars ($300.00) in addition\n\nto the amounts required in paragraph 4 of this subsection.\n\n6. In elections involving candidates, an additional deposit\n\nequal to the total of the deposits required by paragraphs 2, 4 and 5\n\nof this subsection shall be required if the margin between the\n\nfirst-place candidate and second-place candidate is ten percent\n\n(10%) or greater. Provided, in a Primary Election involving three\n\nor more candidates where a Runoff Primary may be required, and where\n\nthe margin between the second-place candidate and third-place\n\ncandidate is less than one percent (1%), or where the first-place\n\ncandidate is one percent (1%) above or below a majority, then no\n\nadditional deposit shall be required.\n\n7. For an election involving candidates, the petition shall be\n\nfiled with the secretary of the election board with whom the\n\ncandidate filed the candidate's declaration of candidacy, unless\n\notherwise provided for by law. The petition may only be filed by a\n\ncandidate whose name was printed on the ballot for that office in\n\nthat election.\n\n8. When such petition is properly filed, it shall be the duty\n\nof the secretary of the appropriate election board to order the\n\nrecount to begin not less than three (3) nor more than ten (10) days\n\nfrom the date of filing of the petition.\n\n9. a. In elections involving candidates, it shall be the\n\nduty of such contestant to cause to be served upon the\n\nopposing candidate or candidates, and directly\n\naffected by the contest, a true copy of the petition\n\nand a true copy of the order.\n\nb. Service shall be made in person where possible, within\n\ntwenty-four (24) hours after the filing of the\n\noriginal petition of contest. Service shall be made\n\nby the sheriff of the county as to all offices, except\n\nthat of sheriff, in which case the same shall be\n\nserved by the county clerk and the certificate of\n\nreturns of such sheriff or county clerk, showing the\n\ninability to make such service within the above-\n\nmentioned time, shall be deemed sufficient proof of\n\nthe absence of such candidate, or candidates, or the\n\ninability to serve such notice upon the candidate, and\n\nto justify the constructive service hereafter\n\nprovided.\n\nc. Where personal service is impossible, within the time,\ne certificate of\n\nreturns of such sheriff or county clerk, showing the\n\ninability to make such service within the above-\n\nmentioned time, shall be deemed sufficient proof of\n\nthe absence of such candidate, or candidates, or the\n\ninability to serve such notice upon the candidate, and\n\nto justify the constructive service hereafter\n\nprovided.\n\nc. Where personal service is impossible, within the time,\n\nit is hereby made the duty of the contestant to serve\n\ntrue copies upon the secretary of the appropriate\n\nelection board. Provided that for the purpose of such\n\nconstructive service, the secretaries of the county\n\nelection boards are hereby made and constituted the\n\nservice agents for all contests of elections filed in\n\naccordance herewith. By filing declaration of\n\ncandidacy for election, a candidate shall thereby be\n\nconclusively presumed to have accepted the terms and\n\nprovisions hereof and specifically the aforesaid\n\nconstructive service. When constructive service\n\nbecomes necessary, constructive service shall be made\n\nat the date, time and place of the hearing.\n\nB. For elections on issues or questions when no candidate is\n\ninvolved and a majority is required for approval, recounts shall be\n\nauthorized only when:\n\n1. The margin of votes between those for and those against the\n\nissue is one hundred fifty (150) or less when fifteen thousand\n\n(15,000) or more total votes are counted for and against the issue\n\nor question; or\n\n2. The margin of votes between those for and those against the\n\nissue is one percent (1%) or less of the total number of votes cast\n\non the issue when fourteen thousand nine hundred ninety-nine\n\n(14,999) or fewer total votes are cast for and against the issue or\n\nquestion.\n\nProvided, furthermore, that a recount is authorized only after an\n\nindividual, who is a registered voter and who participated in the\n\nelection, presents to the appropriate county election board a\n\npetition signed by one hundred fifty (150) registered voters who\n\nparticipated in the election when fifteen thousand (15,000) or more\n\ntotal votes are counted for and against the question, or if fourteen\n\nthousand nine hundred ninety-nine (14,999) or fewer votes are cast\n\nfor and against the issue, by a number of registered voters who\n\nparticipated in the election equal to one percent (1%) or more of\n\nthe total votes cast for and against the issue.\n\nC. For elections on issues or questions when no candidate is\n\ninvolved and more than a majority is required for approval, recounts\n\nshall be authorized only when:\n\n1. The margin of votes between those for the issue and the\n\nnumber required for approval is one hundred fifty (150) or less when\n\nfifteen thousand (15,000) or more total votes are counted for and\n\nagainst the issue or question; or\n\n2. The margin of votes between those for the issue and the\n\nnumber required for approval is one percent (1%) or less of the\n\ntotal number of votes cast on the issue when fourteen thousand nine\n\nhundred ninety-nine (14,999) or fewer total votes are cast for and\n\nagainst the issue or question.\n\nProvided, furthermore, that a recount is authorized only after an\n\nindividual, who is a registered voter and who participated in the\n\nelection, presents to the appropriate county election board a\n\npetition signed by one hundred fifty (150) registered voters who\n\nparticipated in the election when fifteen thousand (15,000) or more\n\ntotal votes are counted for and against the question, or if fourteen\n\nthousand nine hundred ninety-nine (14,999) or fewer votes are cast\n\nfor and against the issue, by a number of registered voters who\n\nparticipated in the election equal to one percent (1%) or more of\n\nthe total votes cast for and against the issue.\n\nD. Within twenty-four (24) hours after a petition required in\n\nsubsections B and C of this section is filed, not counting Saturday,\n\nSunday or legal holidays, the secretary of the county election board\nr votes are cast\n\nfor and against the issue, by a number of registered voters who\n\nparticipated in the election equal to one percent (1%) or more of\n\nthe total votes cast for and against the issue.\n\nD. Within twenty-four (24) hours after a petition required in\n\nsubsections B and C of this section is filed, not counting Saturday,\n\nSunday or legal holidays, the secretary of the county election board\n\nwho received the petition shall determine, pursuant to rules\n\npromulgated by the Secretary of the State Election Board, if the\n\npetition contains a sufficient number of valid signatures of\n\nregistered voters who participated in the election.\n\nE. Recounts of issue or question elections shall not be\n\npermitted of any statewide election, except as follows:\n\n1. The Governor or the Attorney General may request a recount\n\nof any state question. The request shall be in the form of a\n\npetition prescribed by the Secretary of the State Election Board.\n\nThe petition shall be filed with the Secretary of the State Election\n\nBoard no later than the deadline provided in Section 8-109 of this\n\ntitle, and the petition shall be accompanied by a cashier's check or\n\ncertified check in the amount required by subsection A of this\n\nsection.\n\n2. Subject to available funding, the Secretary of the State\n\nElection Board shall order an automatic recount of a state question\n\nif:\n\na. the margin of votes required for approval is one-half\n\nof one percent (1/2 of 1%) or less of the total number\n\nof votes cast for and against a state question\n\ninvolving a statutory issue or question, and\n\nb. the margin of votes required for approval is one\n\npercent (1%) or less of the total number of votes cast\n\nfor and against a state question involving a\n\nconstitutional issue or question.\n\nFor the purposes of this paragraph, \"available funding\" shall mean a\n\nbalance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more\n\nin the State Question Recount Revolving Fund as of the date of the\n\nelection.\n\n3. Unless otherwise provided in this subsection, the general\n\nlaws governing recounts shall be applicable to such recounts.\n\n4. The Secretary of the State Election Board shall determine\n\nthe dates and times each county election board shall begin a recount\n\npursuant to this subsection. Provided, such a recount shall be\n\nconcluded no later than forty-five (45) days after the date of the\n\nelection.\n\n5. The Secretary of the State Election Board may prescribe such\n\nrules and procedures as may be necessary to implement the provisions\n\nof this subsection.\n\nF. There is hereby created in the State Treasury a revolving\n\nfund for the State Election Board to be designated the \"State\n\nQuestion Recount Revolving Fund\". The fund shall consist of monies\n\nappropriated by the Legislature.\n\n1. The revolving fund shall be a continuing fund, not subject\n\nto fiscal year limitations, provided that at no point shall the\n\nbalance in the fund exceed Five Hundred Thousand Dollars\n\n($500,000.00) and shall be under the administrative direction of the\n\nSecretary of the State Election Board. Fees collected each fiscal\n\nyear in excess of the Five Hundred Thousand Dollars ($500,000.00)\n\nbalance limitation shall be placed to the credit of the State\n\nElection Board Revolving Fund.\n\n2. Expenditures from the fund shall be limited to:\n\na. the costs of the State Election Board directly related\n\nto conducting a recount of a state question pursuant\n\nto paragraph 2 of subsection E of this section, and\n\nb. reimbursements to county election boards for costs\n\ndirectly related to conducting a recount of a state\n\nquestion pursuant to paragraph 2 of subsection E of\n\nthis section.\n\n3. Warrants for expenditures from said fund shall be drawn by\n\nthe State Treasurer, based on claims signed by employees authorized\n\nby the Secretary of the State Election Board and approved for\nection E of this section, and\n\nb. reimbursements to county election boards for costs\n\ndirectly related to conducting a recount of a state\n\nquestion pursuant to paragraph 2 of subsection E of\n\nthis section.\n\n3. Warrants for expenditures from said fund shall be drawn by\n\nthe State Treasurer, based on claims signed by employees authorized\n\nby the Secretary of the State Election Board and approved for\n\npayment by the Director of the Office of Management and Enterprise\n\nServices.\n\n4. All interest earned on the balance of funds in the State\n\nQuestion Recount Revolving Fund shall be deposited by the State\n\nTreasurer into the fund on a monthly basis.","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":"ef8825b721ac30e3bed4f20daa8b9844206ceb82e7bbddb69f8a81a18854ed5b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-26-26-8-110","next":"us-ok/okla.-stat.-tit.-26-26-8-112"},"notice":"GroundRules: Original legal text. Not legal advice."}